Amendments to the National Security Act (國家安全法) proposed by the Executive Yuan would support digital security, close legal loopholes, align with international conventions, and bolster enforcement and penalties, the Mainland Affairs Council (MAC) said in a report to the Legislative Yuan.
The council was referring to the Executive Yuan’s draft amendments to Article 4 of the National Security Act that would impose fines of up to NT$1 million (US$31,279) on people who advocate for war against Taiwan, including calls for China to annex Taiwan by force or for the elimination of the nation’s sovereignty, and those who voice support for foreign hostile forces.
Sixty-four people were prosecuted for Chinese espionage in 2024, three times more than in 2021, the report said, citing National Security Bureau data.
Photo: Screen grab from the Mainland Affairs Council’s Facebook page
Infiltration channels included gangs, underground banks, front companies, temple groups and civil organizations, it said.
People were drawn in through recruitment, financial gain, online contacts and debt coercion, the data showed.
It shows that China is cultivating forces within Taiwan, expanding its spy network to obtain sensitive information, the MAC said, adding that the law only penalizes those who develop an organization and there are no clear regulations about those who participate.
The Executive Yuan’s proposal would cite behaviors deemed illegal, stopping infiltration in advance, it said.
National security is no longer limited to physical boundaries, the MAC said.
Amid technology, social media and economic infiltration, the government must improve defenses to prevent hostile forces from stirring up division and carrying out “united front” activities online, it said.
War propaganda is prohibited by the International Covenant on Civil and Political Rights, and the UN Human Rights Committee considers the prohibition compatible with the right to freedom of expression and responsibilities of exercising that right, the council said.
The committee also said that legislation should clearly specify the types of propaganda that are against the law and stipulate penalties, the MAC said.
To help Taiwan align with international conventions, the proposed amendments would require Internet service providers and authorities to set up a “rapid response, lawful takedown” system that would prevent hostile forces from using “freedom of speech” to undermine democracy, it said.
The Ministry of Justice in its report to the legislature cited Latvia and Finland as saying that they explicitly criminalize inciting war in their criminal codes, while Germany penalizes certain forms of hate speech and any endorsement of Nazism.
The National Security Bureau said in its in its report to the legislature that the proposed amendments introduce new offenses, including participating in organizations and inciting war, adds liabilities for intermediaries and revokes pension eligibility for offenders.
These changes would help counter infiltration and attacks by hostile forces, it said.
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