In data from the University of Gothenburg, Taiwan ranks first in the world as the nation most infested by foreign disinformation.
Not only that, Taiwan has topped the categry since 2013. This rather ignominious achievement, which Taiwan has held for nine consecutive years, might be attributed to a legal system outdated in an age of disinformation coupled with legislative indolence.
Elections are arguably the most important political events in a democracy and they are also the peak time for disinformation.
A proposal to amend the law for emergency orders that restrict publications and broadcasts is aimed at combating disinformation during election periods.
As early as May 2019, the Executive Yuan had proposed a bill to introduce an emergency restraining order in election and recall laws, and forwarded it to the legislature for review.
In the description of the draft bill, the Executive Yuan said that the purpose of the amendment was to “complete the electoral and recall legal system, protect the right to vote, curb the smear culture, and prevent false advertising from affecting the voting results thereby undermining the fairness and impartiality of the elections.”
The implementation details are that, from the date of the announcement of the election or the establishment of the recall to the day before the polling day, the election or recall of the proposed candidate, a candidate, person to be recalled or the proposer of the recall case may file for an emergency restraining order against the false content of an election advertisement. The court will reject the application if the application fails to meet procedural legal requirements, and the application will not proceed any further.
The emergency restraining order idea was not invented by Taiwan’s legal system. It references a French anti-information manipulation act La loi contre la manipulation de l’information, which was promulgated in 2018, entitling a proposed candidate, a candidate, person to be recalled or proposer of the recall to file for an emergency restraining order against the publication of false content in an election advertisement.
Today, Taiwan is being inundated by all kinds of disinformation and the situation is particularly dire with local elections just around the corner, and the 2024 presidential and legislative elections not far off.
The introduction of an emergency restraining order is an important and urgent amendment, but unfortunately, due to the opposition of the Judicial Yuan, the bill has been postponed for nearly three years.
In the upcoming elections, will Taiwan continue to use the provisions of the Act of Governing the Punishment of Police Offences (違警罰法) — which was abolished in 1991 — against rumor-spreading, as was done in the 1950s, to control disinformation in the age of digital communications in the 21st century?
Lo Cheng-chung is a professor and director of Southern Taiwan University of Science and Technology’s Institute of Financial and Economic Law.
Translated by Lin Lee-kai
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