The Cabinet yesterday unveiled draft changes to the National Security Act (國家安全法) and three other laws, including fines of up to NT$1 million (US$31,729) for advocating the end of Taiwan’s sovereignty through non-peaceful means.
Under the draft, the fines would be levied on those whose public speech, writing, artwork or digital records call for Taiwan’s forcible annexation by a foreign power.
The proposal comes after authorities in March issued deportation notices for three Chinese women married to Taiwanese spouses for posting online videos that either advocated or alluded to a potential military takeover of Taiwan by China.
Photo: AP
The move sparked a debate over freedom of speech.
Minister Without Portfolio Lin Ming-hsin (林明昕) told a news conference that the proposal is based on the UN’s International Covenant on Civil and Political Rights, which stipulates that “any propaganda for war shall be prohibited by law.”
Furthermore, the proposal does not impose any restrictions on one-to-one conversations, whether in person or online, so it should not be deemed an encroachment on freedom of speech, he said.
However, repeatedly making such statements in a public manner accessible to everyone or in large group chats could be problematic, Lin said.
The provisions targeting online speech primarily aim to prevent ongoing dissemination, he added.
The amendments focus on online content in which the perpetrator is outside Taiwan, making it difficult to apprehend or penalize them, he said.
Disseminated illegal statements could still be restricted by the Ministry of Digital Affairs, he added.
The ministry would take corresponding measures such as restricting access or removing content, similar to existing mechanisms under laws covering child and youth protection and tobacco hazard prevention, Lin said.
Depending on the severity of an offense, the Ministry of the Interior might independently or in consultation with relevant agencies order Internet service providers to remove or block such content, and delete or limit access to noncompliant user accounts, the amendment says.
Penalties would vary depending on whether offenses are committed on behalf of China, Hong Kong, Macau or other foreign hostile forces, with new provisions holding intermediaries accountable.
The proposed revision also seeks to lengthen the minimum sentence for those who leak state secrets to a “foreign hostile force,” its representative or an entity it controls to seven years, up from five years. The maximum would remain 12 years.
It would also significantly raise the fine to NT$10 million to NT$300 million, up from NT$5 million to NT$100 million.
Prison terms for active-duty military personnel found to have contravened the act would be extended by 1.5 times, the amendment says.
They also include new provisions targeting the development or participation in organizations that could endanger national security or social stability.
Participating in organizations that affect national security would be added as an offense, the Ministry of Justice said.
Meanwhile, a proposed amendment to the Criminal Code of the Armed Forces (陸海空軍刑法) seeks to increase prison terms for active military personnel who surrender to enemies to three to 10 years, up from one to seven years.
Those who pledge allegiance to enemies through speech, actions, text, pictures or digital records would face a prison term of one to seven years, the draft says.
Those who prepare or conspire to defect to the enemy, including those who fail to defect, would face six months to five years in prison.
Amendments to the Act of Military Service for Officers and Non-commissioned Officers of the Armed Forces (陸海空軍軍官士官服役條例) and the Veterans Assistance Act (國軍退除役官兵輔導條例) would clarify loss of pension rights for officers convicted of treason or sedition, and allow suspension of benefits for retired veterans who breach loyalty obligations, proportional to the fine imposed.
The proposals would be sent to the legislature for review.
Asked if the timing of advancing the proposed amendments was considered sensitive and might escalate tensions between the ruling and opposition parties, Executive Yuan spokeswoman Michelle Lee (李慧芝) said that there was no timing issue.
The move came shortly after Premier Cho Jung-tai (卓榮泰) refused to countersign the Legislative Yuan’s version of the Act Governing the Allocation of Government Revenues and Expenditures (財政收支劃分法).
The amendments are in line with President William Lai’s (賴清德) directives aimed at countering five major national security threats and China’s “united front” efforts against the nation, Lee said.
In March, Lai announced 17 strategies to counter increasing infiltration efforts against Taiwan, calling for national unity and concerted efforts against social division, she said.
The proposed amendments aim to reinforce national security and prevent infiltration, and should receive bipartisan support regardless of party affiliation, she said.
Additional reporting by Wang Ting-chuan, Chung Li-hua and Hollie Younger
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