Freedom of the press is not a catch-all defense, and whistle-blower protections cannot pardon every crime. Taiwan People’s Party Chairman Huang Kuo-chang (黃國昌) has recently been exposed for directing journalists to follow his political opponents, and has hailed former Central News Agency reporter Hsieh Hsing-en (謝幸恩) as a “brave whistle-blower.”
However, that obscures a core issue — information obtained illegally is not whistle-blowing, but a transgression of the law.
Huang has studied law, so he would certainly understand the Offenses Against Privacy section of the Criminal Code, the provisions of the Stalking and Harassment Prevention Act (跟蹤騷擾防制法) against tailing and surveillance, and the implications of the Personal Data Protection Act (個人資料保護法). It is not that he did not understand the potential consequences of his actions, but that he ignored them, putting political impact over operational legitimacy. The gamble of an ex-lawyer like Huang, knowingly crossing the line in full awareness of the risks involved, carries serious weight.
The Anti-Corruption and Whistleblower Protection Association (TAWPA) was cofounded by Huang in 2020 and is implicated in the scandal. Whistle-blower protection laws are enforced only when information is obtained legally. Naturally, this covers publicly exposing collusion between government and business. Targeted tailing and secretly filming in private domains, then invoking freedom of the press for protection is another matter. The free press must absolutely be protected, but the media should observe self-discipline to avoid becoming na tool for political interests.
There are precedents for alternative ways of handling things. Prosecutors investigated Chinese Nationalist Party (KMT) Legislator Yen Kuan-heng (顏寬恒) in relation to his dealings with family assets and property, and charged him with corruption and forgery, and he was last month found guilty. However, he was found not guilty of illegal acquisition of state-owned land. The entire investigation was carried out through above-ground legal measures and via public records. Legitimate whistle-blowing brings scandals to light through proper channels, not via the findings of targeted surveillance operations packaged in political rhetoric.
Although Huang praised Hsieh as a model journalist following her resignation, in reality, she was a political tool. Sympathy and crocodile tears do nothing to change the facts: The case did not constitute whistle-blowing, but foul play.
Huang knows all too well how to stir up media scandals with his alleged “paparazzi group” and how to spin them as just acts of whistle-blowing. He has made a calculated decision to choose impact over legality and political interests over professionalism. The real issue is not how Hsieh might defend herself or what support Huang might lend, but how someone in the legal field might rationalize illegal tactics in the pursuit of power.
Slogans are in no short supply — what Huang lacks is basic respect for Taiwan’s governing institutions. When politicians weaponize press freedom as a personal shield, it comes at the cost of media professionalism and public trust.
Chang Shang-yang is a farmer.
Translated by Gilda Knox Streader
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