Cabinet proposes fines, detention for hate speech in parks, stations

Taipei, Dec. 26 (CNA) Taiwan's government has approved draft amendments that would allow authorities to detain or fine people who spread hate speech or promote extremist causes in parks, train stations and other public places.

The amendments to the Social Order Maintenance Act, approved Friday by the Cabinet, still have to be passed by the Legislature to become law, not a given because the lawmaking body is controlled by opposition lawmakers.

Under the draft revisions, individuals who promote or disseminate hate speech, terrorism-related messages, or narratives linked to hostile foreign forces in public venues could face penalties.

Though not overtly named, "hostile foreign forces" usually refers to the People's Republic of China.

If such actions are deemed sufficient to disrupt public order or undermine the sovereignty of the Republic of China (Taiwan), offenders may be subject to detention of up to three days or fined up to NT$30,000 (US$953), according to the revisions.

The amendments also cover related acts carried out using flags, banners, images, clothing, videos or other items in places such as parks, stations, ports and airports.

No definitions were provided in the revisions on what constitutes hate speech or "narratives" linked to foreign forces in the amendments.

However, Cabinet spokesperson Michelle Lee (李慧芝) cited Premier Cho Jung-tai (卓榮泰) as saying that the part about hate speech was based on Article 20, Paragraph 2 of the International Covenant on Civil and Political Rights.

The clause reads, "Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law."

Explanatory notes accompanying the bill referred to Article 2 of the Anti-infiltration Act, enacted in 2019 to counter China's efforts to interfere with Taiwanese society, for a description of what was meant by narratives linked to hostile foreign forces.

The clause defines "foreign hostile forces" in part as political entities "that advocate the use of non-peaceful means to endanger the sovereignty of the Republic of China," lists possible "sources of infiltration."

The draft bill would also authorize the Ministry of the Interior, in consultation with other relevant agencies, to order online platforms and service providers to restrict access to such content or suspend accounts that publicly disseminate similar material online and pose a threat to public order.

Online service providers that fail to comply without valid reasons could be fined up to NT$30,000 and ordered to make corrections within a specified period, with repeat fines possible for continued noncompliance.

Lee cited Cho as saying that the amendments demonstrate the government's resolve to implement President Lai Ching-te's (賴清德) national security strategy.

Given the significant impact of hate speech, terrorism and hostile foreign influence on national security, Cho said the proposed measures are intended to protect the public interest and maintain social order, according to Lee.