The fifth subcommittee meeting of the national conference on judicial reform met at the Judical Yuan in Taipei on Thursday to discuss decriminalizing defamation, drafting a special law to protect whistle-blowers and government corruption.
The subcommittee also discussed economic crimes, minor offenses under the Criminal Code, and deficiencies in judicial procedure.
The members reached a consensus on decriminalizing defamation, which is codified as public insult, slander and aggravated libel under the Criminal Code.
The decision to decriminalize defamation has to do with protecting free speech and free media, said Taiwan National Chiao Tung University law professor Lin Chih-chieh (林志潔), a leading member of the subcommittee.
“Prosecution of offenses relating to freedom of expression contravene the protection of freedom of speech and freedom of the press. We must not permit prosecution of these offenses to being used as threats to silence people,” Lin said, adding that the majority of these cases are a waste of resources, as they are dismissed without charge after prosecutors investigate.
Lin and other officials suggested the cases related to insult, defamation and slander be filed with the civil court.
A Ministry of Justice recommendation to draft a special law to protect people who report criminal activity was supported by the subcommittee, in line with whistleblower protection acts enforced in many countries, including the US, Canada, the UK, Japan, South Korea, France, Germany and New Zealand.
Lin said that the judiciary refers to the Witness Protection Act (證人保護法) in such cases, but there are severe restrictions on the scope and statue of limitations on protective measures for whistle-blowers.
Members said greater efforts are needed to investigate alleged corruption, profiteering, influence peddling and related crimes by public functionaries and officials at various levels of the government, followed by strict enforcement of the law.
The subcommittee recommended reassessing and integrating malfeasance by those holding public office and the Anti-Corruption Act (貪污治罪條例) to address corruption and economic crimes in government ranks.
GOOD DIPLOMACY: The KMT has maintained close contact with representative offices in Taiwan and had extended an invitation to Russia as well, the KMT said The Chinese Nationalist Party (KMT) would “appropriately handle” the fallout from an invitation it had extended to Russia’s representative to Taipei to attend its international banquet last month, KMT Chairman Eric Chu (朱立倫) said yesterday. US and EU representatives in Taiwan boycotted the event, and only later agreed to attend after the KMT rescinded its invitation to the Russian representative. The KMT has maintained long-term close contact with all representative offices and embassies in Taiwan, and had extended the invitation as a practice of good diplomacy, Chu said. “Some EU countries have expressed their opinions of Russia, and the KMT respects that,” he
CHANGES: After-school tutoring periods, extracurricular activities during vacations or after-school study periods must not be used to teach new material, the ministry said The Ministry of Education yesterday announced new rules that would ban giving tests to most elementary and junior-high school students during morning study and afternoon rest periods. The amendments to regulations governing public education at elementary schools and junior high schools are to be implemented on Aug. 1. The revised rules stipulate that schools are forbidden to use after-school tutoring periods, extracurricular activities during summer or winter vacation or after-school study periods to teach new course material. In addition, schools would be prohibited from giving tests or exams to students in grades one to eight during morning study and afternoon break periods, the
An increase in Taiwanese boats using China-made automatic identification systems (AIS) could confuse coast guards patrolling waters off Taiwan’s southwest coast and become a loophole in the national security system, sources familiar with the matter said yesterday. Taiwan ADIZ, a Facebook page created by enthusiasts who monitor Chinese military activities in airspace and waters off Taiwan’s southwest coast, on Saturday identified what seemed to be a Chinese cargo container ship near Penghu County. The Coast Guard Administration went to the location after receiving the tip and found that it was a Taiwanese yacht, which had a Chinese AIS installed. Similar instances had also
AMENDMENT: Contact with certain individuals in China, Hong Kong and Macau must be reported, and failure to comply could result in a prison sentence, the proposal stated The Chinese Nationalist Party (KMT) and the Taiwan People’s Party (TPP) yesterday voted against a proposed bill by Democratic Progressive Party (DPP) lawmakers that would require elected officials to seek approval before visiting China. DPP Legislator Puma Shen’s (沈伯洋) proposed amendments to the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (臺灣地區與大陸地區人民關係條例), stipulate that contact with certain individuals in China, Hong Kong and Macau should be reported, while failure to comply would be punishable by prison sentences of up to three years, alongside a fine of NT$10 million (US$309,041). Fifty-six voted with the TPP in opposition