The Executive Yuan yesterday proposed amendments to the Criminal Code that would toughen penalties for disseminating deepfakes and other types of defamation online.
The bill, which is headed to the legislature for deliberation, also includes provisions to increase the statutory limit for sexual abuse against children, counseling and other protective measures for incarcerated people, and legal changes concerning offenses against reputation.
The draft act would increase the penalty for defamation, or offenses against the reputation of another to NT$100,000, up from NT$15,000.
Photo: Reuters
Aggravated defamation would be expanded to include derogatory audio, video and other electronic materials, which would be punishable by a maximum fine of NT$200,000, up from NT$30,000.
The penalty for public defamation and public defamation with violence, which includes slapping, would increase to as much as NT$60,000 and NT$100,000 respectively, compared with NT$9,000 and NT$15,000.
A person who uses deepfakes or other online means to publicly insult someone would face up to two years in prison and a fine of up to NT$200,000, while a person who uses deepfakes or Internet-related means to disseminate a fact that would harm the reputation of another could be sentenced up to three years in prison or compulsory labor, and face a fine of NT$300,000.
In compliance with a 2024 Constitutional Court ruling, the crime of insulting a civil servant would be limited to making derogatory comments against government workers that effectively impede public power.
Such crimes must be committed against civil servants in the act of discharging their official duties, and the offense would be punishable by a sentence of no more than one year in prison or compulsory labor, and a fine of up to NT$100,000.
Under the bill, prosecutors may at their discretion mandate counseling and protective measures for incarcerated people with mental or physical impediments to protect their rights.
The protections may be retroactively applied.
Articles of the Criminal Code governing disciplinary education and compulsory labor for juvenile offenders are to be struck down and re-established under new legislation to protect the rights of underaged offenders.
The draft amendments would also delay the statute of limitations for child sexual abuse until the victim turns 20. The period from the date the crime was committed until the victim turns 20 would not count toward the statute of limitations, providing victims more time to report crimes once they have reached maturity.
The statute of limitations is intended to maintain legal stability and urge law enforcement to fulfill their duty to prosecute, the Ministry of Justice said.
If victims are not mature, physically or psychologically, at the time of the offense, they might be unable to seek help in due time due to trauma, a lack of understanding of their legal rights or power imbalance with the perpetrator, it said.
Additional reporting by Chung Li-hua
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