The Judicial Yuan today urged lawmakers to halt discussions on a bill that would require all legal proceedings to be broadcast, expressing concern that the legislation was being rushed through without due consideration.
The Legislative Yuan’s Judiciary and Organic Laws and Statutes Committee held a public hearing today to discuss the amendment to the Court Organizations Act (法院組織法) proposed by the Taiwan People’s Party.
The bill was sent directly to a second reading.
Photo: Wu Cheng-feng, Taipei Times
The Judicial Reform Foundation and 16 civic groups on Monday also expressed alarm over the proposed amendment.
Although in principle it would strengthen judicial transparency, the draft was rushed through hastily and lacked thorough consideration, they said, calling for a halt on deliberations.
The Judicial Yuan in a written report to the committee today said it does not support the bill at this stage, as it risks jeopardizing fair trials and the rights of litigants.
Current laws already provide sufficient mechanisms to oversee trials, which meet the standards for transparency required in a nation with the rule of law, it said.
Broadcasting trials is not the only method of achieving judicial transparency, as Japan, Germany and France do not publicly broadcast proceedings, and the US prohibits broadcasting in federal criminal trials, it said, adding that none of those countries have been accused of lacking judicial transparency.
Broadcasting would also impact fact-finding trials or lead to populist opinion that would undermine the judiciary and advance personal agendas, it said.
It may also lead to procedural disputes and delays in litigation, the report added.
The issue of broadcasting courtroom proceedings has long been under discussion.
In 2017, the National Conference on Judicial Reform concluded that the Judicial Yuan should review the scope and conditions of broadcasting fact-finding hearings.
From 2017 to 2018, the Judicial Yuan appointed experts to conduct research and convened a consultation committee with representatives from the judiciary, prosecutors, defense attorneys and academic experts.
The Judicial Yuan said it decided not to proceed at that time due to the high degree of controversy, concerns it would impact impartiality and a lack of consensus that the benefits would outweigh the drawbacks.
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