A Changhua County man was recently fined NT$6,000 for repeatedly insulting a motorcycle rider for about seven minutes after a road dispute.
The man said his use of profanity was merely habit, but a judge ruled that his verbal attack went on too long, carrying an intent to insult and constituted slander.
The incident occurred at about 8pm on March 28 last year, when the man, surnamed Lo (羅), and a motorcyclist surnamed Chiang (江) were involved in a traffic dispute, the Changhua County District Court’s ruling on July 1 showed.
Photo: Taipei Times
The two stopped at an intersection to argue and called the police.
Between 8:17pm and 8:24pm, Lo repeatedly insulted Chiang on a public road where others could freely pass by and hear the exchange, the ruling said.
Lo admitted to making the remarks, but denied committing a crime, saying the expressions were simply part of his everyday speech and that he had no intention of publicly insulting Chiang.
However, the judge said the slanderous phrases he used were generally used to mock and humiliate.
The remarks were unrelated to public interest and had no literary, artistic or academic value that would warrant greater protection under freedom of speech, the court said.
Taking into account that Lo continued to deny wrongdoing and had neither reached a settlement with Chiang nor obtained his forgiveness, the court fined him NT$6,000 for public insult. If converted to community service, the fine would be calculated at NT$1,000 per day.
In a separate case, a Changhua County man surnamed Yang (楊) was acquitted after swearing at a neighbor during a dispute over potted plants.
Yang and his neighbor, surnamed Huang (黃), had a strained relationship, the ruling handed down by the court on July 20 said.
On June 30, 2024, Yang kicked over potted plants Huang had placed near the roadside, prompting him and his wife to come outside. An argument subsequently broke out.
The couple accused Yang of repeatedly shouting insults and threatening to park his car in front of their home to make it difficult for them to enter and leave.
Prosecutors charged Yang with public insult and coercion after he allegedly parked his vehicle outside the residence twice.
The judge accepted the couple’s testimony that Yang had used the vulgar expressions, but said determining whether the remarks constituted public insult required more than simply examining whether the language was offensive.
The court said it must also consider the cause of the dispute, the context of the exchange and the impact on the person’s reputation.
Yang’s remarks were made during an argument sparked by his dissatisfaction with the placement of the plants, rather than an arbitrary attack on Huang’s character or reputation, the judge said.
Although the language was unpleasant, embarrassing and vulgar, the court ruled that it was questionable whether it exceeded what an ordinary person could reasonably be expected to tolerate.
Not all profanity should automatically be treated as a criminal offense, the judge said.
Surveillance footage also showed that Yang’s vehicle, although parked outside the Huangs’ home, left enough space for people to pass through, the court said.
It ruled that neither public insult nor coercion had been proven, and acquitted Yang.
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