Although opposition politicians have criticized Kaohsiung Mayor Frank Hsieh's (
Hsieh announced his decision to file a lawsuit against the United Daily News, a pro-China newspaper, after the daily's editorial last Wednesday alleged Hsieh was involved in the high-profile bribery scandal involving Kaohsiung City Council's speaker and vice speaker.
While politicians usually seek apologies when they feel they have been defamed by the media, Hsieh demanded NT$1 billion in compensation from the daily and said that he was prepared to fight for 10 years to win.
"In a country governed by the rule of law, anybody, including politicians, has the right to file a lawsuit to protect his or her interests," said Hu Yu-wei (
Lawsuits filed by politicians against the media will become common in the future as the legal system "matures," Hu said.
Shortly after Hsieh's announcement, independent Legislator Sisy Chen (
But some commentators believe these politicians will have a tough time winning their cases.
In 2000, the Council of Grand Justices issued Interpretation No. 509, which lightens the burden of proof on the defendant in defamation cases. The interpretation says that the media cannot be punished for reports that they have sufficient reason to believe to be true.
Lin Feng-jeng (
The mayor has to prove that the daily's accusation was wrong and that it intended to damage his reputation, Lin said.
Chin Heng-wei (金恆煒), editor in chief of Contemporary Monthly magazine, however, argued that Hsieh might be in with a chance.
"Political analysis should be based on reality. Writing a political analysis that is not based on reality conflicts with the media's professionalism," Chin said.
Chin said that the daily should have been able to prove Hsieh's involvement in the Kaohsiung City Council scandal when it made its accusation against him. The Kao-hsiung Prosecutors' office has said that Hsieh is not a suspect.
Since the DPP came to power, litigation between politicians and the media has increased sharply.
In December, President Chen Shui-bian (陳水扁) dropped his threat to file a libel suit against the China Times after the daily apologized for a front-page story that suggested the president received a NT$4.5 million donation from Zanadau Development majority shareholder Su Hui-chen (蘇惠珍) for his 1994 Taipei mayoral campaign.
In October, the then acting Department of Health head Twu Shiing-jer (涂醒哲) threatened to file a lawsuit against the United Daily News, Next magazine and the TVBS news program Night Club for mistakenly identifying him as the man who licked the ear of a dumpling seller at a karaoke parlor.
Vice President Annette Lu (呂秀蓮) filed a libel suit against The Journalist in 2001, and eventually won, after the magazine said she had claimed that the president was having an affair.
"Politicians filing lawsuits against the media is a sign of Taiwan's progress," Chin said. "At least they are not trying to influence the media through political means."
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