Fighting Against Disinformation from Foreign Forces? Or Suppressing Criticism from Domestic Opposition Parties?

Abstract

Every country is concerned about disinformation on the internet, especially its impact on domestic elections and domestic politics. Among them, there are concerns that mainland China will meddle in Taiwan’s elections with disinformation. In December 2018, Taiwan’s government launched a policy to combat disinformation, including proposing legal amendments. However, the laws that the Taiwanese government use to investigate and prosecute individuals are not newly revised laws, but an existing Social Order Maintenance Act. In addition, at the end of 2019, the ‘Anti-Infiltration Act’ was suddenly proposed and passed. Both laws (Taiwan’s main tools in the fight against fake news) raise questions as to potential violations of the freedom of speech, the discussion of which remains heavily influenced by the laws and jurisprudence of the United States (US). However, Taiwan’s judiciary and legislature have misunderstood the law in the US or have made amendments, resulting in divergent developmental trajectories.