Taiwan Seeks Law Revision to Strictly Combat Transnational Repression and Foreign Interference

In recent years, amid shifting geopolitical landscapes and increasingly frequent cross-border exchanges, the balance between national security and human rights protection has become a critical issue for democratic and rule-of-law nations. In response to growing extraterritorial threats and novel criminal tactics, Taiwan’s government agencies have launched active legal and administrative reviews of the phenomenon of "cross-border repression." The Ministry of Justice and the Mainland Affairs Council have outlined specific policy directions and legislative amendment plans in the Legislative Yuan and other public forums, detailing how to effectively prevent foreign forces from using illegal means to interfere with domestic society and infringe upon the rights of citizens. These initiatives demonstrate the government’s resolve to strengthen its democratic defense mechanisms.

During a session of questioning and briefing in the Legislative Yuan, Minister of Justice Cheng Ming-chien noted that a review of the current domestic criminal legal system and related administrative regulations reveals structural deficiencies in deterring cross-border repression, a form of crime characterized by both political motives and cross-border nature. Cross-border repression typically refers to actions by specific states or extraterritorial forces that use intimidation, harassment, surveillance, or threats against dissidents, specific communities, or ordinary citizens abroad, aiming to silence them or curb freedom of speech. Due to challenges such as difficulties in gathering evidence across borders, jurisdictional conflicts, and the covert nature of these criminal methods, existing laws often struggle to adequately address the constituent elements of such offenses. Consequently, frontline law enforcement units lack sufficiently direct and deterrent legal tools when handling related cases.

To address these legal gaps, the Ministry of Justice is actively deliberating amendments to the Anti-Infiltration Act. Specific legislative directions include adding explicit criminal liability for acts constituting cross-border repression and proposing enhanced penalties for serious, organized, or sustained offenses. By increasing the punitive deterrence of the law, the ministry aims to send a clear warning to extraterritorial forces attempting to conduct illegal surveillance, harassment, or threats within Taiwan, while also providing prosecution and investigation agencies with clearer legal bases for inquiries. This legislative work requires a careful assessment of the principle of legality in criminal law and must balance human rights protection with international rule-of-law standards to ensure a rigorous and comprehensive amendment process.

Beyond strengthening the criminal legal framework, the administrative branch has also taken a significant step in victim protection and reporting mechanisms. Deputy Director-General of the Mainland Affairs Council Liang Wen-jie stated in a relevant meeting that, to assist citizens who may face cross-border repression or extraterritorial harassment threats in a timely manner, the council plans to establish a dedicated reporting hotline. This hotline will serve as a secure, confidential, and efficient channel for seeking help, enabling citizens who are fearful or facing unidentified threats to receive immediate government assistance, legal consultation, and necessary personal safety protections. This measure aims to reduce victims’ sense of helplessness and effectively integrate cross-ministerial resources to address potential crises.

From a broader societal perspective, countering cross-border repression is not merely a public order issue but is directly tied to the core values of Taiwan as a free and democratic society. When citizens’ freedom of speech, right to assemble and associate, and personal safety are illegally interfered with by extraterritorial forces, the nation’s capacity for democratic defense is tested. The Ministry of Justice’s legislative drafting and the Mainland Affairs Council’s plan to set up a reporting hotline indicate that government agencies are attempting to build a more comprehensive and robust safety net by pursuing both "criminal deterrence" and "administrative protection," thereby safeguarding social order and the fundamental rights of citizens.

The advancement of this policy direction also symbolizes Taiwan’s ongoing adjustment of its rule-of-law defenses in the face of an increasingly severe external environment. The progress of relevant legislative amendments, the drafting of specific provisions, and the actual operational effectiveness of the reporting hotline will continue to be closely monitored by various sectors of society and the Legislative Yuan. How to strike the optimal balance between national security and human rights protection will test the wisdom of law enforcement and administrative agencies and will have a profound impact on the future development of the rule of law in Taiwan.

(Source: Central News Agency)