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
The US government has signed defense cooperation agreements with Japan and the Philippines to boost the deterrence capabilities of countries in the first island chain, a report by the National Security Bureau (NSB) showed. The main countries on the first island chain include the two nations and Taiwan. The bureau is to present the report at a meeting of the legislature’s Foreign Affairs and National Defense Committee tomorrow. The US military has deployed Typhon missile systems to Japan’s Yamaguchi Prefecture and Zambales province in the Philippines during their joint military exercises. It has also installed NMESIS anti-ship systems in Japan’s Okinawa
‘WIN-WIN’: The Philippines, and central and eastern European countries are important potential drone cooperation partners, Minister of Foreign Affairs Lin Chia-lung said Minister of Foreign Affairs Lin Chia-lung (林佳龍) in an interview published yesterday confirmed that there are joint ventures between Taiwan and Poland in the drone industry. Lin made the remark in an exclusive interview with the Chinese-language Liberty Times (the Taipei Times’ sister paper). The government-backed Taiwan Excellence Drone International Business Opportunities Alliance and the Polish Chamber of Unmanned Systems on Wednesday last week signed a memorandum of understanding in Poland to develop a “non-China” supply chain for drones and work together on key technologies. Asked if Taiwan prioritized Poland among central and eastern European countries in drone collaboration, Lin
BACK TO WORK? Prosecutors said they are considering filing an appeal, while the Hsinchu City Government said it has applied for Ann Kao’s reinstatement as mayor The High Court yesterday found suspended Hsinchu mayor Ann Kao (高虹安) not guilty of embezzling assistant fees, reducing her sentence to six months in prison commutable to a fine from seven years and four months. The verdict acquitted Kao of the corruption charge, but found her guilty of causing a public official to commit document forgery. The High Prosecutors’ Office said it is reviewing the ruling and considering whether to file an appeal. The Taipei District Court in July last year sentenced Kao to seven years and four months in prison, along with a four-year deprivation of civil rights, for contravening the Anti-Corruption
NO CONFIDENCE MOTION? The premier said that being toppled by the legislature for defending the Constitution would be a democratic badge of honor for him Premier Cho Jung-tai (卓榮泰) yesterday announced that the Cabinet would not countersign the amendments to the local revenue-sharing law passed by the Legislative Yuan last month. Cho said the decision not to countersign the amendments to the Act Governing the Allocation of Government Revenues and Expenditures (財政收支劃分法) was made in accordance with the Constitution. “The decision aims to safeguard our Constitution,” he said. The Constitution stipulates the president shall, in accordance with law, promulgate laws and issue mandates with the countersignature of the head of the Executive Yuan, or with the countersignatures of both the head of the Executive Yuan and ministers or
RSS