Executive Yuan Spokesperson Kolas Yotaka on Wednesday responded to a letter sent the same day to Premier Lai Ching-te by the Asia Internet Coalition (AIC), requesting that the Executive Yuan withdraw for further deliberation the digital communications bill under review in the Legislature, by asserting that even though Taiwan has been deeply affected by the problem of misinformation and fake news, the government is absolutely committed to protecting freedom of speech. The hypothetical harms raised in the AIC's letter are not an issue.
To address the proliferation of misinformation, the Executive Yuan did not choose to create a dedicated law, nor did it propose amendments to the draft digital communications bill, the spokesperson said. This draft bill—which had already been submitted in 2017 to the Legislature for review—as well as the regulatory amendments to be proposed in this week's measures to counter the harms of misinformation, both support the most important spirit of the Manila Principles on Intermediary Liability. Under those principles, if any content appearing on a platform is unlawful, the platform operator is to be held liable only if it fails, intentionally or unintentionally, to restrict that content. Article 16 of the draft digital communications bill submitted to the Legislative Yuan last year proposes that, if the platform operator receives notice from an infringed party, or the operator is already aware that a user posting content on the platform is engaging in acts of infringement—that is, the operator is clearly aware of unlawful actions taking place—but either intentionally or unintentionally fails to take timely action, only then should the platform operator be held liable for compensation for damages arising from the user's acts of infringement.
Measures to be proposed Thursday by the Executive Yuan to counter the harms caused by misinformation do not represent amendments to the digital communications bill, said Spokesperson Kolas, and thus the withdrawal of the bill is moot. As for the Legislative Yuan's review of the bill, the spokesperson said that the separation of powers dictates that the executive branch must respect the results of the Legislature's deliberations.
Given the serious nature of the misinformation problem, the government has no choice but to put controlling regulations in place, the spokesperson said. False information must be rigorously countered with truth if Taiwan is to avoid disruptions to the social order. At the same time, freedom of speech is one of the highest principles of the government, and any measures aimed at preventing harms from misinformation can only be undertaken on the condition that this freedom is upheld.