On June 5, 2019, the Culture Basic Law entered into effect with the noble goal of establishing national foundational principles and administrative guidelines for the development of culture, as well as to incorporate cultural oversight into the broader national agenda. The new legislation will bring into harmony all the nation's cultural policies and relevant legal codes with a view to injecting pluralism into the cultural scene, and promoting the diversity and sustainable development of culture in Taiwan. Adopting the core principle of the democratization of culture, the act will also reverse the outdated approach of top-down governance to one where the people take center stage and the grassroots direct the government, thereby ensuring the protection of the civil right to culture for all.
◆ Clearly acknowledge the principles of freedom and equality of the cultural rights of all citizens: Cultural rights are embodied in the people. Their freedom and autonomy to create, express and participate are inviolate.
◆ Protect the cultural rights of the people: The state should guarantee such fundamental rights as the right to access culture, choice of language, protection of intellectual property, and participation in the formulation of cultural policy.
◆ Promote cultural initiatives established by the new law: Both the central and local governments have the duty to promote fundamental cultural objectives, such as the preservation of culture, cultural education, and the development of cultural museums.
◆ Remake the cultural governance system: The central and local governments should hold national and regional cultural conferences every four years.
◆ Ensure sufficient budgets and resources for cultural endeavors: A cultural development fund will be established as a neutral source of funding to prevent interference in the independence and non-commercial nature of public media.
◆ Create a cultural impact assessment mechanism: When concluding international treaties and agreements, the impact of such on the culture of Taiwan should be evaluated. With respect to domestic policy, legislation and planning, the people's cultural rights and sustainable development of culture must also be protected.
◆ Respect the autonomy of artistic professionalism: The government should strengthen the role and functions of professional and neutral institutions as intermediaries in the awarding of public funds to artists. The independence of cultural expression must be respected.
◆ Increase the flexibility of artistic and cultural procurement: Foundations and groups receiving government funding to conduct cultural activities should not be bound by the Government Procurement Act; rather, they will be subject to oversight measures enacted by the Ministry of Culture.
◆ Protect the rights of workers in the cultural and artistic fields: Research the feasibility of revising legislation to guarantee the rights to subsistence and work for artists and cultural workers.