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Censorship in Taiwan

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This article is about censorship in Taiwan. For censorship in the People's Republic of China, see Censorship in China. For censorship in the Republic of China (1912-1949), see Censorship in the Republic of China (1912-1949).

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]

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

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See also: Censorship in the Republic of China (1912-1949)

Japanese rule

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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

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Main article: White Terror (Taiwan)

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

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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

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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

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Further information: Telecommunications in Taiwan § Internet censorship

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]

  • In 2016 when the Taiwanese government proposed amendments to the Copyright Act that sparked concerns about online freedom of speech and expression. The proposed changes aimed to combat online piracy but were criticised for potentially infringing on individuals’ rights to freedom of speech.[20]
  • On December 12, 2020, CTi News was forced to cease broadcasting after the NCC decided not to renewal its license, marking one of the rare instances of a television news station being taken off the air in Taiwan since the establishment of the NCC in 2006.[21][22] CTi Television filed a lawsuit regarding this decision, and on 10 May 2023, the Taipei High Administrative Court ruled in favour of CTi Television in the first-instance verdict. The court annulled the NCC’s decision not to renew the station's licence and remanded the case for further review.[23][24]
  • In November 2024, under government pressure, Public Television Service modified a news report regarding Donald Trump’s election as President of the United States. The alteration followed journalist Louise Watt’s reference to Trump as a “convicted felon.” Reporters Without Borders considered this as a factually accurate description, given his May 2024 criminal conviction by a US court for falsifying business records. Reporters Without Borders called on the Taiwanese government to commit to refraining from similar interference in news coverage in the future.[25]

Cross-strait relations

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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]

  • In 2011, the Mainland Affairs Council (MAC) rejected the application from the Xinhua News Agency to set up an office in Taipei 101, citing its potential political intention.[28]
  • In August 2020, the Ministry of Economic Affairs banned Taiwanese agents or distributors from offering mainland Chinese internet audiovisual services such as iQIYI and Tencent WeTV.[29] Additionally, platforms like Taobao Taiwan were officially shut down. After the 2019 Double 11 shopping festival, the Taobao Taiwan app saw its download numbers exceed 2 million.[30][31]
  • In December 2022, the Ministry of Digital Affairs declared that the mobile app Douyin and TikTok posed a threat to national cybersecurity. As a result, both the central government and local governments prohibited the downloading, installation, and use of Douyin or TikTok apps on government-issued smartphones, tablets, and computers.[32][33]
  • In June 2024, a journalist from Xinhua News Agency in Taiwan was reported to have participated in the production of a local television programme. National Security Bureau Director Tsai Ming-yen confirmed that the bureau had received intelligence on the matter but emphasised that the bureau did not possess judicial investigative powers.[34] The NCC stated it had not received any official report of the incident, after a DPP legislator claimed to have reported the issue two months earlier.[35] Subsequently, the MAC announced the results of its investigation. Both the Chinese journalist and the Taiwanese television station involved denied the allegations and the media outlet that originally reported the claim was found to lack a valid source of information. The MAC stated that while the reporting on this issue did not breach journalistic professionalism, it declined to disclose the source of the information or the specific media outlet referenced in its findings.[36]
  • In December 2024, the MAC announced plans to prohibit the Ma Ying-jeou Foundation from inviting mainland Chinese students to Taiwan. This decision followed a controversy during a press conference where a Chinese student referred to Taiwan as "China Taipei" instead of "Chinese Taipei," sparking criticism from the ruling DPP. In response, Ma Ying-jeou urged the MAC to avoid adopting what he described as a "martial law mentality" that could hinder cross-strait exchanges.[37]

Academia

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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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  2. ^ a b "Ministry announces Freedom of Speech Day events". Taipei Times. 2024-04-05. Retrieved 2024-12-06.
  3. ^ Chen, Marlene (1999). "Legislative Yuan's Eleventh-Hour Rush". Sinorama (2). Translated by Brent Heinrich.
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  35. ^ TaiSounds, 太報. "傳中媒介入政論節目製播！ NCC：未接獲民眾檢舉 還不知是哪家電視台違規 | 政治焦點". 太報 TaiSounds (in Chinese). Retrieved 2024-12-07.
  36. ^ 民間全民電視公司 (2024-07-09). "傳中國記者盯梢台灣政論 行政調查出爐「資訊將提供檢調」". 民視新聞網 (in Traditional Chinese). Retrieved 2024-12-07.
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