Kaohsiung prosecutors on Tuesday said they had decided against charging a supporter of former Kaohsiung mayor Han Kuo-yu (韓國瑜) with defamation.
Wecare Kaohsiung founder Aaron Yin (尹立) — who had organized Han’s recall drive — accused YouTuber Chen Pin-hung (陳品宏) of defamation after Chen burned a paper altar that was covered in pictures of Yin with the eyes blacked out during a livestream.
Yin said Chen made false accusations about him during the stream, and took money from viewers who paid to watch the altar being burned while he cursed Yin.
Chen’s actions went beyond the scope of free speech, Yin said.
“Freedom of speech is one of the most important aspects of democracy, but that does not mean it is without limits. Burning an altar and cursing someone, and making money while doing so, exceeds the scope of normal discourse,” Yin said.
The altar was surrounded with paper dolls and other paper items that are normally used during a funeral ceremony, which Yin said meant the ritual was a death curse.
Chen also drank fushui (符水) — charmed water used in Taoist rituals to fight off evil spirits — and spit the water onto Yin’s pictures while calling him a “piece of trash” and “the most shameless person to walk the planet,” Yin said.
Yin also said that Chen made false statements about Yin’s promotions and earnings while he was working as director of the Kaohsiung Bureau of Cultural Affairs.
During questioning Chen said he did not defame Yin, as his comments about Yin were supported by news reports.
Chen said that his comments about Yin were no different from the term caobao (草包, idiot) that was popularized by the media in describing Han, which had been defended by those who used it as being a “creative and artistic” term.
He added that the Taoist ritual was also something that had been used in the past by comedian Chu Ko Liang (豬哥亮) on his TV programs.
Prosecutors said that as a public figure, Yin should be more tolerant of criticism, and that they would not proceed with the case.
They added that if they indicted Chen for his use of “theatrics” to discuss a public figure it would have the effect of silencing people, and would be a hindrance to free speech.
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