Taoyuan Prosecutors Indict Man Over Fake Polls And Smear Campaign

In recent years, driven by the dual influences of high political mobilization and the digitization of information in Taiwanese society, various public opinion polls and political talk shows have frequently become the focus of public attention. Consequently, the boundaries of online speech and legal responsibilities are also coming under increasing scrutiny. The Taoyuan District Prosecutors Office recently concluded the investigation of a case involving fabricated polling scenarios and their dissemination on social media, sparking widespread social discussion on the boundaries between freedom of speech and the right to reputation. Following the investigation, prosecutors determined that the relevant actions and statements exceeded the scope of fair comment. Consequently, the prosecutors indicted the man involved on charges of aggravated defamation under the Criminal Code of the Republic of China, and specifically requested the court to sentence him to eight months in prison, demonstrating the solemn attitude of judicial authorities toward online rumor-mongering and acts that infringe upon the reputation of others.

This case originated when the chairman of the Taipei City Xinmin Cross-Strait Research Association discussed and analyzed the background and related issues of a specific political figure during a public political talk show. The content of such political talk shows is routinely broadcast through major television stations and online platforms, attracting large audiences and subsequently triggering online discussions and public debates. However, a man surnamed Tseng, after watching the program, became dissatisfied. Instead of using proper channels to express different opinions or engaging in substantive and rational policy debates regarding the arguments presented on the show, he chose to publish fabricated remarks on social media websites, attempting to influence public perception through the fabrication of plots.

According to the investigation results from the Taoyuan District Prosecutors Office, Tseng posted on a social media website, fabricating a scenario in which he received a public opinion polling phone call, and interlaced the post with false accusations and derogatory remarks targeting a specific individual. In a modern democratic society, the impartiality and credibility of polling institutions are important indicators reflecting public opinion, and telephone polling is one of the most common scientific survey methods. Tseng exploited the public's trust in polling mechanisms by deliberately inventing false interview content or telephone scenarios, combining them with the discussions from the political talk show, and publicly posting them on a social platform, allowing an unspecified majority of internet users to browse and reshare them, thereby causing substantial damage to the social evaluation of the parties involved.

After accepting the case and conducting an in-depth collection of evidence, prosecutors believed that the dissemination speed of online social media is extremely fast and its scope of influence is extensive. If individuals with ulterior motives are allowed to achieve the goal of attacking specific individuals or groups through fabricated plots, it would inflict severe negative impacts on social order and the space for public discourse. Therefore, upon concluding the investigation, prosecutors determined that Tseng's actions constituted the offense of aggravated defamation under the Criminal Code. Considering his attitude after committing the offense, the criminal methods used, and the degree of damage inflicted on the victim's reputation, the prosecutors not only filed an indictment in accordance with the law, but also unusually requested a heavy sentence of eight months' imprisonment from the competent court, thereby conveying the judiciary's firm stance on deterring malicious online rumors and upholding basic social integrity mechanisms.

The development of this case once again highlights the legal and social governance challenges Taiwan faces in the internet era. With the popularization of social media, everyone can easily make their voices heard through the internet, but freedom of speech is not equivalent to unrestricted rumor-mongering and personal attacks. If parties are dissatisfied with the remarks of public figures or private organizations, they should express dissenting views through rational public discourse, fact-checking, or legal channels, rather than misleading the general public by fabricating facts. This decision of indictment and sentencing by the Taoyuan District Prosecutors Office undoubtedly draws a clear legal red line for the current online speech ecosystem, reminding the general public that while enjoying the convenience of speaking online, they must bear corresponding legal and moral responsibilities.

(Source: Central News Agency)