There should be clear legal norms defining what constitutes “propaganda for war,” the National Human Rights Commission (NHRC) said yesterday, after three Chinese-born social media influencers had their residence permits revoked for advocating military “unification” with China.
Article 20 of the International Covenant on Civil and Political Rights stipulates that “any propaganda for war shall be prohibited by law,” commission Vice Chairwoman Wang Yu-ling (王幼玲) said at a news conference in Taipei when asked about the deportations.
International reviews have suggested that such speech be legally defined, but Taiwan has yet to pass any legislation on the matter, she said.
Photo courtesy of the Taipei Photojournalists’ Association
The commission supports creating clear legal definitions, including that of “advocating,” “war” and “propaganda,” she said.
The law should also stipulate whether such contraventions should be prosecuted under the Civil Code or the Criminal Code, she added.
When revoking the influencers’ permits, the Ministry of the Interior cited the “risk to national security or social stability” in the Measures for the Permission of Family-based Residence, Long-term Residence and Settlement of People from the Mainland Area in the Taiwan Area (大陸地區人民在台灣地區依親居留長期居留或定居許可辦法), Wang said.
As Taiwan is governed by the rule of law, the commission is to investigate whether these administrative measures took into account the principles of legal certainty, proper procedural measures and proportionality, she said.
The ministry should have a mechanism for scrutinizing such questions, she said, adding that the Chinese side is also pursuing administrative remedies.
After discussion, the commission has decided to collect independent assessments of the cases informed by international covenants, as they involve questions of national security, freedom of speech, the right for families to stay together and other important issues, Wang said.
Additional reporting by CNA
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