Censorship in Taiwan

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In Taiwan, censorship involves the suppression of speech or public communication and raises issues of freedom of speech, which is protected by Article 11 of the Constitution of the Republic of China. There exist a number of cases where freedom of speech is restricted by the law, which include defamation, breach of privacy, infringement of copyright, pornography, incitement to commit crimes, sale of prohibited items and distribution of offensive or distributing content. [1]

Contents

During the martial law in Taiwan from 1947 to 1987, the government exercised strict media control, initially carried out by the Nationalist government which governed mainland China prior to retreating to Taiwan in 1949. Under martial law, the Kuomintang (KMT)-ruled government engaged in censorship to prevent criticism of it, as part of its opposition to certain cultural products, and as a feature of anti-communist campaigns against the Chinese Communist Party. Media control was greatly relaxed when the state moved away from authoritarianism in 1987.

In 7 April 1989, pro-democracy activist Cheng Nan-jung set himself on fire in support of freedom of speech. [2] Since the death of Cheng, Taiwan abolished the Publication Law and amended Cable Television Law in 1999. [3] In 2012, the Government Information Office, the former main media censorship organisation was dismissed. [4] Since 2016, this date of Cheng's death has been commemorated as Freedom of Speech Day in Taiwan. [2] According to Reporters Without Borders, Taiwan "generally respects the principles of media freedom." [5] According to Freedom House, "technical censorship is not routine in Taiwan." [6]

In recent years, under the Democratic Progressive Party (DPP), Taiwan has taken steps that some perceive as edging towards media censorship. [7] These measures, purportedly aimed at combating fake news, have sparked controversy, particularly among the KMT and their supporters. [8]

History

Japanese rule

In 1936 the Japanese authorities prohibited Lee Shih-chiao from exhibiting his painting Reclining Nude (橫臥裸婦) at the Taiyang Art Exhibition on the basis of indecency. This instigated widespread protest from the Taiwanese art community as comparable works by western artists were held by Japanese and Taiwanese museums. [9]

Martial law

After Taiwan was handed over the Kuomintang-led Republic of China (ROC) from Japan in 1945 and the start of the 38 year martial law period, the ROC, as an authoritarian state, exercised strict control of the media. Parties other than the Kuomintang, such as the Chinese Youth Party and China Democratic Socialist Party, were banned and media advocating either democracy or Taiwan independence was banned. Li Ao, a famous political activist in Taiwan, nationalist, and intellectual, had over 96 books banned from sale. Writer Bo Yang was jailed for eight years for his translation of the cartoon Popeye because the translation was interpreted as a criticism of leader Chiang Kai-shek. Taiwanese-language media was also banned, and children who spoke Taiwanese in school were physically punished. The revision of Criminal Acts against seditious speech in 1992 ended the persecution of political opponents.[ citation needed ]

Musician Wen Hsia became known as the "king of banned songs" due to having more than 100 songs banned by the KMT authorities. [10]

During the martial law period the KMT, the only paper to feature occasional moderate criticisms of the government (along with some of the best news reporting) was the Independence Evening Post . The publication was the first to send journalists to China four months after the lifting of martial law, despite government opposition. [11]

Current status

According to the United States State Department, the Taiwanese constitution provides for freedom of speech and press, and the authorities generally respect these rights in practice. An independent press, an effective judiciary, and a functioning democratic political system combine to protect freedom of speech and press. There are no official restrictions on access to the Internet or credible reports that the authorities monitor e-mail or Internet chat rooms without judicial oversight. [12]

Political parties

Laws governing elections and politics restrict the publication and broadcasting of political material. For example, in the local elections of 2005, CDs with videos ridiculing candidates were confiscated in accordance to the Election and Recall Act. Laws prohibiting the promotion of Communism has already abolished in 2011. [13] For example, Taiwan Communist Party obtaining registration as a political party in 2008, and become the 141st registered party in Taiwan. [14] However, on 6 November 2024, the Ministry of the Interior moved to ban the Chinese Unification Promotion Party for "posing a threat to democracy." [15] The party raised concerns for its association with China in 2016, during which Reuters found no evidence for funding links. [16]

In 2023, a million-subscriber YouTuber, "Cheap  [ zh ]" (Cheng Tsai-wei), who claimed to support the DPP, stated that in the past, he enjoyed criticising Ma Ying-jeou. However, in recent years, due to Taiwan's social climate, criticising the DPP might lead to heavy criticism, rumours, defamation, and even personal attacks from DPP supporters. Fellow influencer Chiu Wei-chieh also expressed his support for this stance. [17]

Local media regulation

The authority for censorship in Taiwan since 2006 is the National Communications Commission (NCC). [18] On 26 June 2006 news reports said that a review by the Council of Grand Justices of the ROC found that part of the National Communications Commission Organization Act (e.g. Article 4) is unconstitutional, and that after 31 December 2008 the law provision is invalid. [19]

Cross-strait relations

The use of overt and covert censorship in relation to mainland China and the People's Republic of China is an active area of controversy. For example, satellite channels perceived to adopt a pro-PRC or pro-unification editorial stance, such as Phoenix TV, were refused landing rights in Taiwan by the DPP-controlled government. Similarly, correspondent offices representing the PRC government-controlled Xinhua News Agency and the People's Daily were closed by the DPP-controlled government. These policies were reversed after the election of the Kuomintang in 2008. [26] By June 2024, seven Chinese media organisations had a total of ten journalists stationed in Taiwan. These included two journalists from Xinhua News Agency, three from China Central Television, and one journalist each from People's Daily, China National Radio, China News Service, Xiamen TV, and Hunan TV. [27]

Academia

On 5 January 2018, the National Taiwan University elected its 11th president, Kuan Chung-ming, who won with the highest number of votes. The Ministry of Education under the DPP refused to issue the appointment letter, citing procedural issues, which led to criticism from the academia. After two education ministers, namely Pan Wen-chung and Wu Maw-kuen, had stepped down due to this refusal, on 24 December 2018, Minister of Education Yeh Jiunn-rong stated that he grudgingly agreed to appoint Kuan Chung-ming as NTU's president, with the appointment to take effect on 8 January 2019. Yeh faced accusations of handling the matter hastily, and subsequently resigned in response. [38] [39]

During a lecture on 10 April 2020, Chao Ming-wei, an associate professor at Chung Yuan Christian University, referred to COVID-19 as "Wuhan pneumonia," which prompted a mainland Chinese student to file a complaint accusing him of discrimination. In response, Chao apologised during the lecture, emphasising that, "as a professor of the Republic of China," he did not engage in discriminatory behaviour. On 14 April, he was called to a meeting with the university’s dean and associate dean of academic affairs, who criticised his apology for inappropriately highlighting his identity as a "professor of the Republic of China." They warned that failure to amend his remarks could result in the case being referred to the university's ethics committee. Under these circumstances, Chao felt compelled to issue a second apology. [40]

See also

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References

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