January 12, 2026
By Katrina, Assistant Editor, The News Lens
Over the past five years, Taiwanese courts have ruled not to punish more than 70 percent of fake news cases transferred by police under the Social Order Maintenance Act (SOMA), according to official judicial statistics. Judges have largely prioritized freedom of expression, arguing that political misinformation should be countered through public clarification rather than legal penalties.
Data compiled by United Daily News from the Judicial Yuan shows that between 2021 and 2025, most cases referred by police under SOMA were dismissed. Court rulings indicate that judges believe the public generally can judge information credibility and that political speech should be addressed through government fact-checking, not punishment.
False Rumors About Vice President, Typhoon Closures Also Dismissed
In November 2025, Vice President Hsiao Bi-khim (蕭美琴) delivered a speech at the European Parliament and the IPAC summit. Shortly afterward, false posts circulated online claiming that “BBC France reported Taiwan donated €8 billion in exchange for the speech.”
Two men, aged 53 and 41, were investigated and referred for prosecution. However, the New Taipei District Court ruled that:
- The amount (NT$288 billion) was far larger than Taiwan’s annual diplomatic budget, making the claim obviously implausible.
- Any reasonable person could determine it was false.
- The rumor did not involve public safety or livelihood concerns, nor did it cause fear or panic.
Judges concluded that online reactions reflected anger at government spending, not fear, and that public debate was sufficient to clarify the truth. The court emphasized that the government should issue clarifications instead of resorting to punishment, ultimately ruling no penalty.
A similar ruling was made in a case where a man falsely claimed that schools and offices would close during a typhoon. The court stated that the public relies on official government announcements, not random social media posts, and found no evidence of panic or harm.
What the Law Says
Article 63 of the Social Order Maintenance Act states that:
“Spreading rumors that affect public order may be punished.”
Government Pushes for Tougher Penalties
Despite the courts’ lenient stance, the Executive Yuan passed draft amendments in December 2025 to strengthen controls on:
- Hate speech
- Terrorism advocacy
- Calls to eliminate Taiwan’s sovereignty
Under the proposal, those who publicly spread such content could face:
- Up to 3 days detention
- Fines up to NT$30,000
For online content, the government could order platforms such as Facebook, Threads, and PTT to restrict visibility or remove accounts.
Premier Cho Jung-tai (卓榮泰) said the proposal supports President Lai Ching-te’s (賴清德) 17-point national security strategy. Officials cited international law (ICCPR Article 20) requiring bans on speech inciting hatred or violence.
Legal Scholars Push Back
The proposal sparked strong criticism:
- Legal experts argued existing criminal and national security laws already cover threats.
- Scholars warned of administrative overreach and vague definitions.
- Critics fear it could shrink democratic speech space.
Interior Ministry Vice Minister Ma Shih-yuan (馬士元) clarified in the legislature:
- Political opinions — including advocating independence or unification — remain protected speech.
- Only calls for violence or foreign takeover would be punished.
- The amendment is not “online martial law.”
Legislature Blocks the Bill
The bill was blocked in committee by opposition lawmakers from the KMT and TPP, who argued it was unconstitutional and politically motivated. As of now, no consensus has been reached.
Kaohsiung Times appreciates The News Lens for allowing us to translate and publish selected works. Visit The News Lens website for original articles. Image is an AI creation by Eryk Michael Smith.
