A cropped image of Taichung Mayor Lu Shiow-yen (盧秀燕) pointing to a blackboard that says: “Year-end bonus... Every resident gets NT$40,000 [US$1,337]... Taichung has a NT$12 billion surplus... Academics urge the government to return the money to the people,” has been circulating online for several days.
After the Taichung City Government reported it to the police, an investigation was launched and the public was warned that under Article 63 of the Social Order Maintenance Act (社會秩序維護法), those who engage in “spreading rumors in a way that is sufficient to undermine public order and peace” could be detained for a maximum of three days or fined up to NT$30,000.
The term “rumor” refers to information that is fabricated or lacks factual basis.
Changhua District Court judgement No. 147 states that for a rumor to be “sufficient to undermine public order and peace,” it must cause “fear, panic or actual disturbance.” Therefore, merely spreading false content is not enough to meet that criteria.
The graphic’s use of the word “urge” implies that the measure has not been implemented. In other words, it is precisely because the city government has not yet used its surplus to distribute NT$40,000 cash handouts to residents that academics are calling on the government to do so. Where is the wrongdoing here? How is this considered “spreading rumors”?
Furthermore, the public did not experience feelings of “fear” or “panic” upon seeing the graphic — on the contrary, many expressed excitement or anticipation. Some even said: “Let all residents feel it — feel Lu’s love for the people of Taichung” and “NT$40,000 could relieve residents’ hardships.”
The graphic does not contravene the law, yet Lu reported it to the police, leading to citizens being investigated. Could this be an attempt by Lu to instill fear and restrict Taichung residents’ freedom of speech?
Yeh Yu-cheng is a secretary at the Pingtung County Public Health Bureau.
Translated by Kyra Gustavsen
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