The issue of “press freedom versus individual privacy” was heatedly debated yesterday at a constitutional hearing held by the Council of Grand Justices.
The hearing was held in response to a complaint by a print journalist who argued that it was unconstitutional that he was fined for following a celebrity couple for two months.
Three years ago, Wang Wei-bao (王煒博), a reporter at the Chinese-language Apple Daily, followed model Flora Sun (孫正華) and her husband, Miao Hua-pin (苗華斌) — the heir to the MiTAC (神通集團) fortune — over a period of two months to observe every aspect of their lives.
After the couple reported the matter to the authorities, police charged Wang with violating subparagraph 2 of Article 89 of the Social Order Maintenance Act (社會秩序維護法), which stipulates that people who follow others without a reason and do not stop after being urged to do so can be fined NT$3,000.
Wang’s attorney, Greg Yo (尤伯祥), said the privileged classes, such as entrepreneurs and politicians, welcomed the legal position that people cannot be followed by paparazzi and that some non-democratic governments preferred to curtail freedom of the press to ensure social stability.
However, in free and democratic countries, reporters have the right to collect and acquire information, and such a right should be protected under the Constitution, Yo said, adding that subparagraph 2 of Article 89 of the act, which was used to punish Wang, should be deemed unconstitutional.
While laws should be clearly defined, subparagraph 2 of Article 89 does not have a clear definition, which is at odds with constitutional principles, Yo added.
Also appearing on Wang’s behalf was Lin Ming-hsin (林明昕), a law professor at National Taiwan University (NTU), who said a reporter’s ability to gather information is a cornerstone of freedom of the press, which should be protected under the Constitution.
Liu Ching-yi (劉靜怡), a professor at NTU’s Graduate Institute of National Development, said freedom of speech should include freedom to collect information and to investigate. If such rights are denied reporters, information would not flow freely in society and the public’s ability to make decisions would be compromised.
The Ministry of the Interior, which is in charge of executing the act, sent Liu Wen-shih (劉文仕) to represent it at the hearing.
Liu Wen-shih told the court that during the two months Wang followed the celebrity couple, he sometimes waited outside their residence, which the couple considered a form of harassment.
While the activities of public figures should be scrutinized from time to time, this should not be done constantly, Liu said.
Chen Ching-hsiou (陳清秀), a law professor at Soochow University, who also appeared on behalf of the ministry, said Taiwan was not a police state. People have the right to live happily and have their privacy, he said.
The government has signed the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, Chen said, adding that the two convenants include the protection of an individual’s privacy.
Although the media is the “fourth estate,” that power should not be abused, he said.
Public officials, judges, prosecutors and others should be disciplined if they violate ethics or regulations in the course of their duties and so should reporters, who cannot have unlimited rights, Chen said.
The council said it will hand down a decision on the case in two months.
RETHINK? The defense ministry and Navy Command Headquarters could take over the indigenous submarine project and change its production timeline, a source said Admiral Huang Shu-kuang’s (黃曙光) resignation as head of the Indigenous Submarine Program and as a member of the National Security Council could affect the production of submarines, a source said yesterday. Huang in a statement last night said he had decided to resign due to national security concerns while expressing the hope that it would put a stop to political wrangling that only undermines the advancement of the nation’s defense capabilities. Taiwan People’s Party Legislator Vivian Huang (黃珊珊) yesterday said that the admiral, her older brother, felt it was time for him to step down and that he had completed what he
Taiwan has experienced its most significant improvement in the QS World University Rankings by Subject, data provided on Sunday by international higher education analyst Quacquarelli Symonds (QS) showed. Compared with last year’s edition of the rankings, which measure academic excellence and influence, Taiwanese universities made great improvements in the H Index metric, which evaluates research productivity and its impact, with a notable 30 percent increase overall, QS said. Taiwanese universities also made notable progress in the Citations per Paper metric, which measures the impact of research, achieving a 13 percent increase. Taiwanese universities gained 10 percent in Academic Reputation, but declined 18 percent
UNDER DISCUSSION: The combatant command would integrate fast attack boat and anti-ship missile groups to defend waters closest to the coastline, a source said The military could establish a new combatant command as early as 2026, which would be tasked with defending Taiwan’s territorial waters 24 nautical miles (44.4km) from the nation’s coastline, a source familiar with the matter said yesterday. The new command, which would fall under the Naval Command Headquarters, would be led by a vice admiral and integrate existing fast attack boat and anti-ship missile groups, along with the Naval Maritime Surveillance and Reconnaissance Command, said the source, who asked to remain anonymous. It could be launched by 2026, but details are being discussed and no final timetable has been announced, the source
CHINA REACTS: The patrol and reconnaissance plane ‘transited the Taiwan Strait in international airspace,’ the 7th Fleet said, while Taipei said it saw nothing unusual The US 7th Fleet yesterday said that a US Navy P-8A Poseidon flew through the Taiwan Strait, a day after US and Chinese defense heads held their first talks since November 2022 in an effort to reduce regional tensions. The patrol and reconnaissance plane “transited the Taiwan Strait in international airspace,” the 7th Fleet said in a news release. “By operating within the Taiwan Strait in accordance with international law, the United States upholds the navigational rights and freedoms of all nations.” In a separate statement, the Ministry of National Defense said that it monitored nearby waters and airspace as the aircraft