Perceived restrictions on free speech under proposed amendments to the National Security Act (國家安全法) are “an unrealistic and impractical fantasy,” Deputy Minister of the Interior Ma Shih-yuan (馬士元) said yesterday.
Article 4 of the Executive Yuan’s draft amendment would prohibit individuals from using speech, images, audio, video or digital means to publicly advocate or support the “Mainland area,” Hong Kong, Macau and other hostile foreign forces in waging war against Taiwan or employing non-peaceful means to undermine its sovereignty.
Violators would face fines ranging from NT$100,000 to NT$1 million (US$3,134 to US$31,343), with enforcement handled by the Ministry of the Interior, the Ministry of Justice, the Mainland Affairs Council and other agencies.
Photo: Tien Yu-hua, Taipei Times
CRIMINAL CONDUCT
Indiscriminate threats already constitute criminal conduct and speech advocating attacks on the nation or the overthrow of the democratic system should likewise be subject to legal penalties, Ma told a public hearing at the legislature in Taipei.
Lawyer Liao Kuo-hsiang (廖國翔) linked the amendments to concerns over China-born Taiwan People’s Party Legislator-at-large Li Zhenxiu (李貞秀).
Li’s eligibility to serve as a lawmaker has been under scrutiny since before she was sworn in on Feb. 3 amid questions over whether she had formally renounced her Chinese citizenship, a legal requirement for holding office in Taiwan.
Liao said the number of people indicted for allegedly spying for, or assisting, the Chinese Communist Party in 2024 was three times higher than in 2021, which he said reflected intensifying Chinese infiltration.
WRONGFUL ACCUSATIONS
Handling such cases as administrative violations, rather than criminal offenses, would better protect defendants’ rights and allow legal remedies for wrongful accusations, he said.
Lawyer Fu Hsin-yi (傅欣儀) said existing treason provisions in the Criminal Code apply only when individuals collude with foreign forces to wage war, warning that waiting until that stage would be too late.
The proposed amendments would allow for earlier intervention in a more proportionate way, she said.
However, New Party spokeswoman Chen Li-ling (陳麗玲) said that previous amendments had resulted in prolonged travel restrictions imposed on party members who were later acquitted, raising concerns about due process.
National Yunlin University of Science and Technology professor Yang Chih-chieh (楊智傑) said provisions on “openly inciting support for war” should be limited to speech that demonstrably increases the risk of conflict, and called for clearer procedural safeguards.
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