Offense of insulting public officials' duties unconstitutional: Court

Taipei, May 24 (CNA) The clause governing the insulting of public officials or making insults about the execution of their duties in the Criminal Code of the Republic of China is partially unconstitutional, the Taiwan Constitutional Court ruled Friday.

The ruling will result in an amendment to the criminal code and a retrial in a controversial case that involved individuals spreading online insulting remarks against Taiwan's representative office in Osaka, Japan in 2018 over its failure to provide timely assistance to stranded Taiwanese nationals during a typhoon.

Under Article 140 of the Criminal Code, people who publicly insult public servants while performing their duties or insult the execution of those duties shall be imprisoned for up to one year or a fine of up to NT$100,000 (US$3,100).

However, according to the Constitutional Court, the article partially violates the freedom of speech granted by the Constitution.

The first part of the article, which protects the affected public servant, was deemed constitutional, while the latter, which refers to the duties being carried out, was determined by the court to be unconstitutional.

Insulting public servants may subject them to pressure and potential concerns, leading to delays in carrying out their duties, which is crucial for the public interest, it argued.

Therefore, the court ruled that prohibiting such behavior does not constitute a violation of freedom of speech.

However, insults directed at civil servants' implementation of duties could be considered different opinions, and punishing such actions is not constitutional, according to the court.

In response, the Ministry of Justice said it respected the ruling and will revise the law as soon as possible.

The ruling also means that the case involving Yang Hui-ju (楊蕙如), who was found guilty of making insults about a public official's execution of his duties by the Taiwan High Court in 2022, will be retried.

Both Yang and her friend Tsai Fu-ming (蔡福明) were sentenced to five months in jail (convertible to a fine) for posting messages online criticizing diplomatic officials at Taiwan's representative office in Osaka, Japan.

The officials were criticized for their alleged failure to assist Taiwanese passengers stranded at Osaka Kansai International Airport during a typhoon in 2018.

Following Friday's development, Yang said she respected the ruling, while adding that she hopes to "become a better person."

Update

June 6: Cabinet to have Legislature reconsider 'unconstitutional' amendments