Kaohsiung Court Acquits Zhu Lei, Overturns 2‑Year Sentence for Online Petition Fraud

During proceedings at the Kaohsiung District Court, Xu Shangxian, who headed the “Dual Recall and Theft” campaign, was convicted of violating the Personal Data Protection Act and forging a list of petition signatories. He was sentenced to two years’ imprisonment with a five‑year suspended sentence. In contrast, Zhu Lei, the chief organizer of the recall effort against legislator Xiu Zhijie, was found not guilty.

The case centers on the recall movements against two Democratic Progressive Party legislators. Organizers used online platforms to gather signatures, but were accused of inflating supporter numbers with fabricated data, prompting legal action.

The “dual recall” initiative targeted two legislators simultaneously—a bold move in Taiwan’s political landscape. Since the 1990s, Taiwan has operated an online petition system that allows citizens to submit electronic signatures, which are then verified by government authorities. When a petition reaches the statutory threshold, it can be forwarded to the legislature for consideration, potentially resulting in the targeted official’s removal. The convenience of online signatures has led to several high‑profile petitions in recent years, prompting gradual refinement of related regulations.

Xu Shangxian’s primary charges were “violation of the Personal Data Protection Act” and “forgery of another person’s petition signatory list.” The Personal Data Protection Act requires consent and secure handling of personal data; collecting or publishing such data without permission is unlawful. Forging a signatory list involves creating a list with fictitious identities or names, violating petition procedures and potentially constituting fraud. Under relevant criminal statutes, the court imposed a two‑year term, but because Xu had no prior convictions and displayed remorse, the sentence was suspended, meaning the penalty would not be enforced if he refrains from reoffending within five years.

Zhu Lei’s acquittal was based on the prosecution’s failure to provide sufficient evidence that he directly participated in forging the list or unlawfully gathering personal data. The court noted that Zhu was merely the frontman of the petition group and did not handle the signatory data himself, rendering him immune from criminal liability. This ruling highlights the importance of distinguishing between individual actions and organizational roles when assigning legal responsibility in online petition campaigns.

The case offers significant lessons for Taiwan’s online political movements. First, petitioners must strictly adhere to the Personal Data Protection Act, ensuring the authenticity and legality of signature data. Second, the judgment reflects an increasingly stringent judicial oversight of online conduct, with any falsification or misrepresentation potentially subject to criminal sanctions. Finally, future petition organizers should establish robust data‑management systems and ensure that all participants act within legal boundaries to preserve the legitimacy and credibility of their movements.