Amendments to child sexual exploitation act clear legislative floor

Taipei, July 13 (CNA) Taiwan's Legislative Yuan on Friday approved amendments to the Child and Youth Sexual Exploitation Prevention Act, raising the jail term to up to seven years for those who pay to watch sexually explicit images involving minors.

The newly passed amendments stipulate those who pay to watch sexually explicit images of children or youth are subject to a jail term ranging from one year to seven years, and may concurrently be fined up to NT$1 million (US$30,769).

Currently, the act only imposes either a jail term of up to one year or a fine ranging between NT$30,000 and NT$300,000.

The revisions will mean those convicted cannot escape a jail term by just paying a fine.

In addition, the current act imposes jail sentences of between one and seven years only on people who film or produce sexual images or videos of a child or a youth, or drawings, audio recordings, or any other item of a child ir a youth that is sexually explicit. It slaps a fine of up to NT$1 million on the violators.

The newly amended act added those who possess child and youth sexual images without any legitimate reason as violators. These people will be subject to a jail term of up to three years and a fine ranging between NT$60,000 and NT$600,000.

The newly passed revision stipulates that whose who download or replicate child and youth sexual images without any legitimate reason may be given a fine of between NT$100,000 and NT$1 million, in addition to a jail term of up to seven years.

The heavier penalties came after television presenter Mickey Huang (黃子佼) had recently escaped prosecution for his possession of sexually explicit videos involving minors, by paying a fine. He was given two years of deferred indictment in April.

The deferred indictment Huang had sparked an outcry and requests arose for closing the loopholes in the current law to better protect children and youth from sexual exploitation.

The Taipei District Prosecutors Office indicted Huang in May after the Taiwan High Prosecutors Office found deficiencies in its initial probe and returned the case for further investigation.

To calm the public, the social welfare, healthcare and environment committee of the Legislative Yuan reviewed the amendments of the Act proposed by the Ministry of Health and Welfare (MOHW) on April 29 and May 1 before ruling and opposition lawmakers entered into negotiations on the amendments in mid-June.

The amendments were passed Friday night.

In addition to the heavier penalties on violators, the amendments also request the MOHW to apply technological assistance provided by the Ministry of Digital Affairs (MODA) to launch a probe into possible violations online to better protect minors, while digital business operators cannot reject or shun any investigation by the MOHW.

By taking into account the speed of images spread online, the amendments stipulate that the MOHW will set up a task force or entrust the private sector to establish an organization to quickly deal with sexual images about minors by asking website operators to remove them or impose restrictions.

According to the amendments, the MOHW task force or the organization entrusted by the MOHW will receive complaints from victims and provide consultation services to them.

To block the spread of children and youth's sexual images and speed up the pace of solving the crimes in the current Internet era, the amendments also request police to set up a digital image data center.

Whenever website operators suspect any possible violation resulting from child pornography via information from the MOHW and other related agencies, they should restrict views from the audience or remove these images within 24 hours, the amendments indicate.

Whenever the MOHW's task force and the organization entrusted by the ministry are aware of any suspected crime involving child and youth pornography, they should inform related website operators, the police and the MOHW, as soon as possible.

According to the amendments, senior high schools and schools for younger children should provide courses of at least two hours each semester to educate students on how to avoid becoming victims of sexual exploitation.

In addition, all levels of schools and preschools should provide training to their faculties to raise awareness of child and youth protection from sexual exploitation, according to the amendments.

The amendments also request personnel of the judiciary system and police to enhance their knowledge about how to protect minors from sexual exploitation.