The Executive Yuan yesterday finalized a draft pestering behavior prevention act, which proposes a maximum prison term of three years and a maximum fine of NT$300,000 for those found guilty of harassing others out of affection or hatred.
According to the draft, “pestering behavior” includes actions toward others — including their families or those with whom they have a close relationship — out of admiration, affection or resentment that cause another to feel threatened or unsafe.
Such actions include spying; blackmail; repeatedly making telephone calls or sending messages to a person on a withheld number; persistently requesting a date with a person; and unduly using contact information to purchase unsolicited items for a person, which causes the subject of one’s affection to feel disgust or fear, the bill says.
Photo: CNA
Police would be able to issue a warning or impose a fine of between NT$10,000 and NT$100,000 to a person who is proven to be harassing another, it said.
Those found guilty of a minor offense are to be offered a chance to repent and are to be given a warning.
A restraining order would be issued by a court if an offender performs any of the aforementioned actions within two years of being issued a warning or fine, the bill says.
People who breach a restraining order would face a maximum prison term of three years and a potential fine of NT$300,000, it says.
The Ministry of the Interior, which initiated the bill, said that the Social Order Maintenance Act (社會秩序維護法), the Domestic Violence Prevention Act (家庭暴力防治法) and the Sexual Harassment Prevention Act (性騷擾防治法) are ineffective when dealing with stalkers or harassers, as they only deal with sexual offenses or offenses committed by a family member.
Ministry data showed that there are between 4,000 and 5,000 cases of stalking and harassment every year, which is manageable with current police staffing levels, Deputy Minister of the Interior Hua Ching-chun (花敬群) said.
Under the Social Order Maintenance Act, people who stalk or harass others in ways that are not explicitly sexual would only incur a fine of NT$3,000, which is lenient, Criminal Investigation Bureau division head Lin Chih-cheng (林志誠) said.
The bill would effectively tighten rules against stalking and harassment if approved by the legislature, he said.
Additional reporting by Lee Hsin-fang and CNA
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