The Constitutional Court yesterday ruled that slander as a punishable crime is constitutional, but its scope should be better defined.
The court heard 31 petitions for constitutional interpretation, including 20 filed by judges who said that slander was not clearly defined in practice and was not in line with the principle of unambiguous law.
Writer Chang Ta-chun (張大春) and media personality Neil Peng (馮光遠) also filed for a constitutional interpretation of slander after they were found guilty by local courts, saying that the rulings infringed on their right to free speech.
Photo: Yang Kuo-wen, Taipei Times
Chang was ordered to pay NT$3,000 for defaming the late pundit Liu Chun-yao (劉駿耀) in 2014 after calling him “shameful,” while Peng was ordered to pay NT$5,000 to former National Security Council secretary-general King Pu-tsung (金溥聰) in 2015.
Item 1, Article 309 of the Criminal Code states that a person who publicly insults another shall be sentenced to short-term imprisonment or a fine of not more than NT$9,0000. In practice, swear words and comments denigrating others as animals are common.
Meanwhile, Item 2, Article 309 states that a person who by violence commits an offense specified in the preceding paragraph shall be sentenced to imprisonment of not more than one year or a fine of not more than NT$15,000.
The Constitutional Court yesterday said that the law should not consider name-calling during arguments sufficient grounds to sustain defamation and that the environment, context, tone and reason for the argument should be taken into consideration.
The court said that whether one’s speech should be considered slander should be judged on how much it would affect the reputation of the person slandered, and whether said comments were conducive toward public affairs, literary matters or an expression of art, or positively contribute to academia or other professional domains, and whether, in isolated cases, one’s reputation should take precedence over one’s freedom of speech.
Only under such parameters would public slander not go against constitutionally guaranteed freedom of speech, it added.
Following the Constitutional Court’s interpretation yesterday, lawyers said that it would significantly change the landscape of the judiciary and greatly reduce the number of defamation lawsuits.
During a debate at the Constitutional Court last year, Ministry of Justice representative Kuo Yung-fa (郭永發) said that Article 309 of the Criminal Code was established to uphold people’s reputations, which is considered a basic right guaranteed by the Constitution.
Peng said that his comments, while poignant and acerbic, should be taken as political commentary, adding that Article 309 does not offer protection for commentary that could fit the criteria for slander.
DETERRENCE: With 1,000 indigenous Hsiung Feng II and III missiles and 400 Harpoon missiles, the nation would boast the highest anti-ship missile density in the world With Taiwan wrapping up mass production of Hsiung Feng II and III missiles by December and an influx of Harpoon missiles from the US, Taiwan would have the highest density of anti-ship missiles in the world, a source said yesterday. Taiwan is to wrap up mass production of the indigenous anti-ship missiles by the end of year, as the Chungshan Institute of Science and Technology has been meeting production targets ahead of schedule, a defense official with knowledge of the matter said. Combined with the 400 Harpoon anti-ship missiles Taiwan expects to receive from the US by 2028, the nation would have
North Korea yesterday fired about 10 ballistic missiles to the sea toward Japan, the South Korean Joint Chiefs of Staff (JCS) said, days after Pyongyang warned of “terrible consequences” over ongoing South Korea-US military drills. Pyongyang recently dashed hopes of a diplomatic thaw with Seoul, Washington’s security ally, describing its latest peace efforts as a “clumsy, deceptive farce.” Seoul’s military detected “around 10 ballistic missiles launched from the Sunan area in North Korea toward the East Sea [Sea of Japan] at around 1:20pm,” JCS said in a statement, referring to South Korea’s name for the body of water. The missiles
‘UNWAVERING FRIENDSHIP’: A representative of a Japanese group that co-organized a memorial, said he hopes Japanese never forget Taiwan’s kindness President William Lai (賴清德) yesterday marked the 15th anniversary of the Tohoku earthquake and tsunami, urging continued cooperation between Taiwan and Japan on disaster prevention and humanitarian assistance. Lai wrote on social media that Taiwan and Japan have always helped each other in the aftermath of major disasters. The magnitude 9 earthquake struck northeastern Japan on March 11, 2011, triggering a massive tsunami that claimed more than 19,000 lives, according to data from Japanese authorities. Following the disaster, Taiwan donated more than US$240 million in aid, making it one of the largest contributors of financial assistance to Japan. In addition to cash donations and
North Korea tested nuclear-capable rocket launchers, state media reported yesterday, a day after Seoul detected the launch of about 10 ballistic missiles. The test comes after South Korean and US forces launched their springtime military drills, due to run until Thursday. North Korean leader Kim Jong-un on Saturday oversaw the testing of the multiple rocket launcher system (MRLS), the Korean Central News Agency (KCNA) said. The test involved 12 600mm-caliber ultra-precision multiple rocket launchers and two artillery companies, it said. Kim said the drill gave Pyongyang’s enemies, within the 420km striking range, a sense of “uneasiness” and “a deep understanding
RSS