I was on a motorcycle, he’s in a car, so yeah.
Well, then it’s a public insult.
Private insults are completely legal.
So that proves my point… Unless I get his address, go to his house (with his permission, or that’s a trespassing charge), yell at him to my heart’s content and leave, I’d be breaking the law. If there was a true freedom of speech, then “pUbLiC iNSuLt” wouldn’t be a factor in me saying that free speech is dead.
What is true freedom of speech?
Not necessarily, if nobody is around, then nobody can hear it. Therefore, private insult.
My lawyer was quick to point out that people were around when the insult was made. (in my case)
Where insults are just words, no matter how much it’s against social norm or whatever their intended purpose was for enacting such a law. Sure, threats and such are another matter, but if there is a constitutional right to free speech, then that “pUbLiC iNSuLt” law is unconstitutional in my opinion.
Ok, what does true freedom of speech cover? Only insults? As long as we are able to insult each other, that is true freedom of speech?
You know very well what I mean 
… What I’m saying is that free speech INCLUDES insults, but not exclusively. Look, I’ll admit that I meant to say “insults” instead of “cuss words” in my original reply and have edited the next eligible post accordingly (I’m out of the editing timeframe for the other one), but what I’m saying is all people should have the right to say something ranging from the innocuous and factual like “the sun rises in the east”, all the way to an insult that’ll make the receiver cry and question reality for a few days.
I think from the point of view of authorities they are more concerned the insults are viewed as fighting words and they constitute an incitement to physical violence.
Hence while controversial and certianly debatable what types of words should be included they do provide an alternative and release valve in a situation that otherwise might lead to much greater disturbance than addressing the insult and incitement to violence in the first place.
2 Likes
Ok but you made the case for ‘True Free Speech’
I am attempting to understand your scope so we can be on the same page. If one can make a claim that something is true, we must be able to agree on it objectively.
I’d like to address this again. I asked my lawyer about questions like this. He says this is not an insult.
Ask it loud. Ask it proud!
I know that one isn’t, and I’m glad those were what I came up with when I let him have it, even when I was absolutely lived about being a few centimeters from eating shit on a bike I haven’t even owned for a month yet while doing 55-ish km/h, but I was more worried about if I were to yell FU/gan ni niah…
Mind you, I caught up to him at the red light, stopping even more aggressively than I did (my previous emergency braking didn’t trigger the ABS system but this did), then yelled the previous sentence at the top of my lungs and at least 3 people waiting at the red light were staring at me, so yelling GNN at him probably wouldn’t have ended well.
There is a list of curse words that have precedence of people being fined for saying them.
For the f-word I guess it will depend on the situation and the usage. The more they take it that you imply actual sexual relations the more you are going to be fined.
1 Like
In all due respect to your mom, she is wrong about this one. Article 309 of the Criminal Code (public insult/humiliation) has been on the books majestically and substantially unchanged since 1934.
1 Like
This could easily turn into a public insult/humiliation case if anyone else was around. Some courts seem to have been especially strict on foreigners as has been discussed in these forums and elsewhere over the years.
And other courts seem to turn themselves inside out not to convict Taiwanese folds for some very pungent language.
Hopefully the Constitutional Court will get rid of this criminal law that actually predates the Constitution and does not sit well with Taiwan’s generallly very good protection of freedom of expression.
It’s not specific words or whatever. There’s no morality police or thought police here.
It’s when it’s directed against someone, and he decides to file a case, then it’s an issue. And it doesn’t matter what words are being used.
I’m not sure if they have to prove a harm, as in did it result in loss of business or jobs…
Hate speech doesn’t seem to be a thing yet.
I am curious how insult is defined under the law. On the surface, just about any speech can be interpreted as insulting. Of course the language of the law matters in determining the definition of insult.
Perhaps another way of looking at it. Taiwan does indeed have freedom of speech. But some speech might get you in trouble. Murder threats are an example of where you will get in trouble.
If you just want to swear and insult someone, the way to get away with it is turn it into a question. “You stupid fuck!” < “Are you a stupid fuck?”
Make it a genuine question and worry less.
I would personally be far more worried about rage episodes than legal issues here, but that’s me.
But asking someone a question can also be perceived as insulting right? Again how is the term “insulting” defined?
Wow that is some serious swear jar inflation! 1000,000 NT for that last one?
10,000 for wang ba dan? Holy Kamoley! (OK to say that?)
Probably best to be careful with the mom jokes I recon. 
Murder threats are taken much less seriously in Taiwan compared to the states.
I’m not sure what the standard is, but stuff that will get you a terroristic threat charge in most states are routinely ignored in Taiwan.