A proposed amendment to the National Security Act (國安法) that would impose fines of up to NT$1 million (US$31,598) for publicly advocating for armed unification or undermining Taiwanese autonomy was temporarily shelved by a legislative committee yesterday, following objections from opposition lawmakers over freedom of speech concerns.
The proposed amendment to Article 2 states that no person shall openly incite, call for or support foreign states, the Mainland Area, Hong Kong or Macau to wage war on Taiwan or pursue unpeaceful means against its autonomy.
The text was retained and forwarded for cross-caucus negotiations, according to Democratic Progressive Party (DPP) Legislator Lee Po-yi (李柏毅), convener of the Legislative Yuan’s Internal Administration Committee.
Photo: CNA
Under the proposal, authorities could impose fines ranging from NT$100,000 to NT$1 million for contraventions.
Independent Legislator May Chin (高金素梅) said that granting administrative agencies oversight of political speech risks censorship, and blurs the line between casual debate and punishable conduct, such as discussions of the risks of cross-strait war or expressions of political preference.
She also questioned whether the proposal would blur the separation of powers.
Chinese Nationalist Party (KMT) Legislator Liao Hsien-hsiang (廖先翔) said the amendment, if approved, could be applied to a wide range of speech, including saying that Taiwan is the 51st US state, which undermines the sovereignty of the Republic of China, and that pro-independence support is, on a level, inciting China to attack Taiwan.
Liao also raised concerns about how indirect expression — such as art or wordplay — might be interpreted.
KMT Legislator Alicia Wang (王鴻薇) criticized the vagueness of definitions of the terms such as “any person” and “foreign enemy forces.”
DPP Legislator Huang Jie (黃捷) said the proposal aligns with international practice, and is intended to safeguard national security and democratic governance.
Deputy Minister of the Interior Wu Tang-an (吳堂安) said the measure applies only to “public” acts and that “any person” refers to people and legal entities.
Messages that are not shared publicly would not be subject to the fines, Wu said,
Mainland Affairs Council Deputy Minister and spokesman Liang Wen-chieh (梁文傑) said the amendment is aimed in part at countering disinformation linked to the Chinese Communist Party.
While the language can be refined, Taiwan requires legal tools to address such risks, he added.
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