Coping with Legal Challenges to Press Freedom
Media policy in the Republic of China now stands in stark contrast
to the so-called "Asian model" of journalism, where the government not
only restricts freedom of speech and the press, but also intimidates
journalists into practicing self-censorship.
Government and political party influence on the press is rapidly
waning. Taiwan's largest-circulation newspapers, such as the United
Daily News and the China Times, are private enterprises, independent of
government control. Newspapers published by the government and the
ruling party have lost readership, profitability, and, most
importantly, influence. For example, the Shinsheng Pao (New Life
Daily), published by the provincial government, formerly was one of the
Taiwan's largest daily newspapers, as was the Central Daily News,
operated by the ruling Kuomintang. Now, these newspapers no longer play
a major role.
The repeal of the Publication Law on January 25, 1999, marked a
milestone in Taiwan's march towards press freedom. The 70-year-old law,
a relic of the pre-martial law era and a tool sometimes used by the
government to curtail freedom of the press and freedom of publishing
through licensing, was abolished by the Legislative Yuan (congress), at
the initiation and recommendation of the Government Information Office.
Freedom of the press in Taiwan, while generally well protected, is
not immune from abuse, violation, and intimidation.
For example, during the island's 1998 parliamentary and mayoral
elections, the United Daily News became the target of boycott and
protest by the opposition Democratic Progressive Party (DPP), which
accused the paper of running a story considered damaging to DPP's
Taipei mayoral candidate Chen Shui-bian.
Although most major newspapers, as well as the broadcast media had
run the same story, the United Daily News was singled out for attack.
The DPP threatened to launch a nation-wide boycott against the paper,
charging that it was biased against the party and its candidates. The
DPP called off the threat, after unfavorable reactions from the general
public, which viewed the DPP's action as an infringement of press
freedom.
Until martial law was lifted in Taiwan in 1987, the media's
activities were restrained. Today, Taiwan's press is free, and
journalists openly criticize the authorities and engage in energetic
investigative reporting of corruption and other misdeeds, without fear
of official censorship. Although Taiwan's press freedom has come a long
way, there are, however, some worrying trends.
One of the more subtle and insidious ways to intimidate and
infringe on the freedom of the press is the use of libel suits,
following the trend in certain other Asian countries. Antonio Chiang,
publisher of the Taiwan Daily, said that, as a result of libel laws
dating back to the 1930s, his main job was "to go to court." In a
six-month period, the paper was sued three times for libel. Critics say
that, while the island's fledgling democracy is actively breaking from
its martial law past, the island's outdated libel laws are still on the
statute-books, and these risk impeding press freedom.
In a law suit against an American journalist, Ying Chan appeared
before a judge in Taipei in April 1997, to defend a story alleging that
the chief finance officer of the ruling Kuomintang Party had offered
US$15 million to President Bill Clinton's successful re-election
campaign in the United States. The finance officer and three party
lawmakers sued Chan and his Taiwanese co-author over the story, which
was published in the Hong Kong-based magazine Yazhou Zhoukan (Asia
Weekly).
In the end, the court ruled in favor of the two journalists, with
the judge declaring that there was insufficient evidence to prove a
malicious intent on the part of the reporters. In a press release
circulated after the ruling, Yazhou Zhoukan hailed the verdict as a
victory for press freedom and a symbol of the guarantee of the people's
"right to know" in Taiwan. The lawsuit sparked a flurry of protests
from international press freedom advocacy groups, who urged the
government to revise antiquated libel laws.
Another defamation suit was brought on October 6, 1997 by the
conservative Spirit of Chiang Kai-shek Memorial Society against
Business Weekly magazine for alleging that Taiwan's late President
Chang Ching-kuo was not the natural son of Generalissimo Chiang
Kai-shek.
Some influential figures, particularly the rich and powerful, have
resorted to criminal libel suits--which can land a journalist in jail--to
threaten, intimidate, and curtail the press from publishing reports
which they consider offensive or revealing of their illegal activities.
Critics have stated that Taiwan's judicial system is still widely
viewed by the public as not yet totally independent and free from
political or monetary influence.
On the other hand, reluctant to waste time and effort in the
judicial system, certain gangsters and politicians connected with
organized crime have simply arranged to have investigative journalists
beaten up or their property destroyed.
Regardless of these problem areas and legal challenges to press
freedom in the Republic of China, it must be acknowledged that,
generally speaking, Taiwan now witnesses the highest degree of press
freedom it has ever enjoyed, ranking with the highest levels of press
freedom of developed nations anywhere in the world.
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