The Taiwan People’s Party (TPP) yesterday accused the National Communications Commission (NCC) of executive overreach and questioned its neutrality after the commission said it aimed to revive efforts to pass a draft digital communications act.
The NCC had rejected CTi News’ license renewal application, leading to its removal from the channel lineup on Dec. 12. The channel later moved its programming to YouTube. The commission on Dec. 13 said that it was convening a panel to discuss legal regulations on digital communication and mass media.
Speaking at a news conference at the Legislative Yuan in Taipei yesterday, TPP Legislator Lai Hsiang-ling (賴香伶) said it was common in Taiwan for legal amendments to consider political gains over legal functions.
Photo: CNA
The commission has failed to keep up with the times and is still using a version of the draft act that failed to pass legislative committee reviews in 2017, Lai said.
Other acts, such as the Criminal Code and the Social Order Maintenance Act (社會秩序維護法), are more than capable of dealing with issues of “fake news” and the commission’s actions are suspect of administrative overreach, she said.
The demand for absolute compliance by online platforms with government investigations in the event of national security concerns is worrying, TPP Legislative Yuan caucus group convener Ann Kao (高虹安) said.
Citing Germany’s Telemedia Act, which is referenced by the draft act, she said that it clearly defines under which conditions the government may intervene in the electronic media industry, and the due procedures it must follow.
It also waives the responsibility of Internet service providers regarding a platform’s content, Kao said, adding that when referencing other legal codes, people should not cherry-pick items that serve their purpose.
Such regulation must be drafted with caution and cannot be lumped under the phrase “national security concerns,” which is vague and defined entirely by the government, Kao said.
Similar laws exist in other countries, but they target specific commentary, such as racist, overtly sexualized and vulgar speech, that could be harmful, Kao said.
Commenting on the NCC’s demand that YouTube channels comply with government reviews after accumulating a certain number of subscribers, Kao said this brought the commission’s neutrality and credibility as an arbitrator for Internet commentary into question.
Kao cited documents leaked from the Presidential Office in May instructing DPP-leaning commission members to tackle the CTi TV issue as grounds for her doubts on the NCC’s neutrality.
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