Two recent court rulings are raising serious questions about the nation's freedom of the press, especially regarding information deemed by authorities to be "sensitive to national security."
In the lead up to Journalists' Day last weekend, a nine-year sentence was handed down to Major Liu Chih-chung (劉持中) for profiting by leaking "sensitive" information to a Power News reporter. The case against that reporter, Hung Cheh-cheng (洪哲政), is pending and a two-year sentence against Lo Chih-hao (駱志豪), a former Ministry of Transportation and Communication public relations official has been upheld.
Media scholars, lawmakers and journalists say that until a set of clear guidelines are established, the freedom of Taiwan's press could suffer because of the rulings.
"These two cases could have a chilling effect on government officials, especially those people who interact with the press," said Ku Ling-ling (
Taiwan is currently lacking legislation clearly outlining what kind of information could be considered a threat to national security. While Taiwan does have a law which addresses the leaking of state secrets, it does not currently have a national security law.
Civilian officials can be imprisoned for up to three years for leaking confidential information to the press. Punishment for military officials is harsher.
But guidelines for those on either side of the fence, be it for reporters or government officials, remain unclear.
"The most ridiculous thing is we do not know what the basic rules are, what are the do's and don'ts," said People's First Party lawmaker Chou Hsi-wei (
The Legislative Yuan is currently working on a draft bill called the National Secrets Protection Law. The bill has passed its first reading in the legislature but is unlikely to pass during the upcoming session, with next year's budget, WTO-related legislation and Economic Development Advisory Conference-related laws all claiming prior attention.
Critics say that without such guidelines it's easy for those in power to manipulate the situation to their advantage.
"National security is vague concept that changes with political situations and can become very arbitrary," Ku said.
Victor Lo (羅名威), the lawyer representing Major Liu, said that under the military's current regulations and in his client's case, it's very easy for misunderstandings to occur. Lo is currently appealing the nine-year sentence against his client.
"While the military would hope that every piece of information remains top secret, it's impossible," Lo said. Until clear guidelines are established, military personnel all face potential risks.
Lo claims that documents discovered at Liu's home did not bear any markings deeming them top secret.
"It was only afterward that the military said the documents were top secret," Lo said.
Still, stern remarks both from the president and the military have followed the court ruling.
President Chen Shui-bian (
Power News reporter Hung Cheh-cheng said that he was concerned by the comments the president made.
"Those comments give a clear indication to the judicial system as to how this case should be handled," Hung said.
Other critics have pointed out the irony of the president's comments. Chen formerly heralded freedom of the press when serving as convener of the legislature's defense committee from 1992 to 1994 and constantly aired "sensitive" information that was passed onto him.
Chen's comments came one day after Chief of the General-Staff General Tang Yao-ming (
"It's our family business, we are taking care of our own affairs," Tang said. Adding that, "those who should be put to death will be put to death."
Tang has also offered a reward of NT$200,000 to those who blow the whistle on whistleblowers.
The comments and threats have apparently spooked many.
A China Times story on Friday last week, which covered the military's secret budget listed the location of where the story was filed but failed to list the name of the reporter who filed the story.
Hu Yu-wei (胡幼偉), a professor at the Graduate Institute of Mass Communication at National Taiwan Normal University said that what the military needs is more emphasis on public relations rather than prosecution.
"If the military prosecutes, then there will be a chilling effect. It would not only mean that they are unwilling to discuss secrets, but other matters as well. The system would break down," Hu said.
"If suing was the best way to go, then other countries like the US and UK wouldn't focus on developing high tech PR [public relations] skills."
Ku says that the problem is that Taiwan's media has yet to realize that freedom of the press is something that must be fought for.
For many, a job as a reporter in Taiwan is just a stepping stone to something else, not an opportunity to promote freedom of the press, she said.
"They don't look at their job as a career, it's just a job, some think `maybe I'll go to Shanghai next. Why should I fight for freedom of the press here?'" Ku said.
While there was widespread reaction to the case of Lo Chih-hao in 1999 when he was first accused, including a signature drive by the Taiwan Journalists' Association to condemn the case, the response from reporters this time has been muted.
Hung said that the problem is inherent in the nation's media, which relies heavily on a give-and-take relationship with its sources.
"With Taiwan's media there is a close partnership between those being reported on and reporters, so no matter whether it's a new publication or older publication this will show up in their reports. There isn't any kind of a confrontational relationship with the government," he said.
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