Discover Formosa - Beautiful Island
How to protect yourself from being sued for unknown insult?
As a new Gold Card holder moving to Taiwan, you will soon discover that this country embraces a myriad of contradictions. Renowned for being a global semiconductor technology making chips smaller than a speck of dust, Taiwan also possesses laws that can escalate a simple disagreement into a serious criminal matter.
Welcome to the realm of Taiwan’s Public Insult Law. 妨害名譽及信用罪.
Rooted in the Criminal Code of the Republic of China since its inception in 1935, this law remains very much in effect today. The relevant section is Article 309, which states:
Criminal Code of the Republic of China – Article 309
Any individual who publicly disparages another shall be liable to detention or a fine not exceeding nine thousand New Taiwan Dollars. If a person delivers an insult through acts of violence, they may face imprisonment for up to one year, short-term incarceration, or a fine not exceeding fifteen thousand New Taiwan Dollars.
In simple terms, if you criticize someone in a public setting and they perceive it as an insult, they have the right to file a criminal complaint against you. This issue transcends civil matters and is not merely a minor reprimand. Enshrined in the national criminal code, this law was originally designed to uphold public decorum and shield individuals from humiliation.
The intent behind it appears noble. In Taiwanese culture, a strong emphasis is placed on respect, reputation, and minimizing disruptions for others. However, in contemporary society, this law is frequently exploited as a mechanism for vengeance or control. An individual who feels embarrassed or affronted may initiate legal action, even if the remarks were not genuinely offensive. Many expatriates residing here are often taken aback by how swiftly a casual conversation can morph into a legal dilemma.
Consider this scenario: you recently moved into a new apartment complex where the security guard often seems disoriented. He tends to wander off, leaving the gate wide open for delivery drivers, stray animals, or strangers to trespass, posing safety issues. A resident express this safety concern by gently advising him to keep the gate closed in his absence. Instead of appreciating your input, he perceives the suggestion as an insult to his dignity. Before long, the resident will find himself embroiled in an Article 309 lawsuit thanks to a complaint lodged at the local precinct.
This illustrates the potential for abuse inherent in the law. Many Taiwanese individuals, seeking to evade conflict, opt to avoid direct confrontation. They may smile politely and remain silent, only to file paperwork later. Some even view it as a small form of justice, a means to retaliate against someone who has “talked down” to them.
It may sound ridiculous, but this is indeed the reality. The so-called "zombie" security guard continues to wander, leaving the gate open, as no one dares to "insult" him. Residents murmur about it among themselves, and when the gate swings open yet again at midnight, everyone feigns ignorance.
It's wise to stay informed about this local law and be prepared rather than regret it later, especially since the Gold Card member might come from a country where such unusual regulations don’t exist.
