Man given one-year deferred prosecution for spreading fake Kaohsiung hantavirus data on Facebook.

The Taiwan Kaohsiung District Prosecutors Office recently concluded its investigation into a case involving the alleged dissemination of false epidemic-related information on social media, drawing public attention to the boundaries between public health information dissemination and online speech. A man surnamed Liu had previously posted in the public Facebook group "Wetalk Kaohsiung," claiming that the number of hantavirus syndrome cases in Kaohsiung City reached five times that of the Taipei-New Taipei City metropolitan area. Following the completion of the investigation, prosecutors took into consideration that the suspect had confessed to the offense and shown remorse. Consequently, he was granted a one-year deferred prosecution in accordance with relevant provisions of the Communicable Disease Control Act. The case has now been concluded by the prosecutor in accordance with the law.

This case originated from a post circulating on social media. At the time, Liu posted data comparisons regarding the hantavirus situation within the local group, claiming that the number of infection cases in the Kaohsiung area was as high as five times that of the Taipei-New Taipei area. Because hantavirus syndrome is a statutory communicable disease, related epidemic data concerns public health and epidemic prevention safety. Once unverified and highly comparative remarks of this nature were exposed on the internet, they quickly attracted the attention of competent authorities and health units, and were promptly referred to judicial authorities for an in-depth investigation to clarify the source of the information and whether there was any intent to create public panic.

During the investigation by prosecutors and investigators, the prosecutor cross-referenced the content published by Liu and confirmed that the data he released clearly differed from the official, authentic epidemic statistics published by the Centers for Disease Control of the Ministry of Health and Welfare, failing to match objective facts. Facing the prosecution's investigation, Liu admitted during questioning that he had indeed published the relevant remarks on the Facebook fan page and cooperated, acknowledging that his actions had caused public concern. Taking into consideration his cooperative attitude after committing the offense and that he had not caused irreversible actual harm, the prosecutor issued a one-year deferred prosecution under the premise of complying with the Criminal Code and special laws.

With the high prevalence of the internet and social media, information spreads extremely rapidly in virtual spaces. In recent years, the government has consistently maintained a high state of alertness regarding fake news involving public interests such as epidemics, food safety, and social order. Regulations such as the Communicable Disease Control Act empower competent authorities with control powers when facing epidemics, while also establishing clear penalties for acts of disseminating false epidemic information. The purpose of establishing such regulations is primarily to prevent misinformation from triggering public panic, which could in turn interfere with the normal operations and resource allocation of public health and epidemic prevention units, thereby safeguarding overall social public order and safety.

This prosecutorial disposition of deferred prosecution not only makes a legal judgment on a single case, but also objectively serves as another reminder to the general public that when publishing or forwarding data related to public health and epidemics on online platforms, official information released by health authorities should serve as the standard. Randomly piecing together or exaggerating epidemic data, even if originating from personal freedom of expression, may still cross legal red lines. How to strike a balance between freedom of speech and social public interest remains an important issue that must be continuously faced and carefully regarded in contemporary digital society.