A law protecting public servants from being insulted has been ruled partly unconstitutional. The decision will bring a controversial case from 2018 to retrial.
can I finally say that I find revolting the implementation of anti-discrimination and financial laws here without going to jail?
So how nuanced is public defamation in Taiwan?
Is it just for intentionally damaging someone’s reputation by spreading false allegations about them? Or does that include things that are true?
e.g calling someone a filthy thief in public who has a criminal conviction for theft could be damaging for their reputation when others were not aware
Injuring someone’s honor is the crime, not spreading false allegations?
Which is worse a thief or being filthy? They often coincide into one though.
But you couldn’t say that to him in front of many others ,but in private is ok. Especially a convicted thief. I’m not sure about the filthy part though that maybe more risky even if they are a filthy , lying , thief.
My guess is that the majority of cases are the mentally deranged folks fishing for lawsuits actually trigger/fluster some people into incriminating themselves.
Say you don’t know what they are talking about and demand video evidence or stop wasting your time. Being hard nosed on these points gets rid of probably 99% of the crazy people. For the extra crazy, the police coming will usually get rid of them if one sticks to their guns on “the fuck is
He/she talking about?” Then demanding proof and getting firm and agitated.
The sue culture has a pretty decent size. At least there are enough of them to be a real thing society discusses a lot and clogs up enough courtrooms, negotiation backrooms in police stations etc.
Make it a genuine question and carry on your day. That’s my non legal advice
My example was hypothetical.
Would it be possible to be convicted of defamation in Taiwan by publicly saying things that are evidently true about someone?
In some countries the statement must be evidently false to get convicted for defamation.
Not sure. Proving someone fucking ones mother might be hard.
I think it’s easier to propose a genuine question rather than make a statement, which is nearly always taken as a judgment. If not an assault.
But, emotions are what they are. They rarely get along with filtering ones speech…
I read about a case in which someone A called someone else B stupid. In court, A held his ground that the stupid remark was warranted and gave reasons. In the end, the judge ruled against defamation.
Sorry but I can’t remember where or when I read about this case.
Does happen. I think the take home point is all sides, including public resources, are all wasting time, energy and likely stress on such non issues.
I argue, going to court is stressful. May stretch out a year or 2. And the same point can be made, grammatically different, so one doesn’t waste said time/money/stress.
Yes you could even if true.
Could I be charged for public insult and defamation if I tell a true story (from my perspective) about one of my supervisors but I do it on YouTube and I don’t say their name?
You can’t publish even truthful information when the information concerns “private life and is of no public concern”. So no you can’t just go around saying Steve slept with your mom, unless your mom is somehow a subject of public criticism.
However, you’re allowed to make bona-fide statements in self-defence, self-justification, the protection of one’s legal interests, and comments on government proceedings, public meetings, etc. These are affirmative defences that you’d have to convince a judge in court in response to being charged… which is still painful and risky.
That means “micro penis” is an insult
- lucky me
你頭腦有問題嗎
This is not public insult or defamation, right? But likely to make people upset. Do Taiwanese speak like this? Or does this just sound like a foreigner trying to insult people?
Any good other ones that will make people more upset? Since we cannot physically assault people with all the cameras in Taiwan I would like to verbally assault them without going to jail or having to pay fines or settlements.
This is all getting a bit violent.
I have been told by a few government agencies basically the same thing. Record and talk in private. But if you go on YouTube, Facebook etc and start making claims, expect a court case to prove yourself. Much different than being interviewed and answering questions honestly.
It’s not just Taiwan:
It looks like I can’t reply with a simple "WTF!”.