Over 70% of 'Fake News' Cases in Taiwan Go Unpunished as Courts Favor Free Speech

Over the past five years, Taiwanese courts have dismissed more than 70% of 'fake news' cases referred by police under the Social Order Maintenance Act (SOMA), emphasizing the nation's commitment to freedom of expression.

Judicial Trends

Between 2021 and 2025, the majority of cases involving the dissemination of false information were not penalized. Judges have consistently prioritized free speech, suggesting that political misinformation should be addressed through public clarification rather than legal sanctions.

Notable Cases

• Vice President Speech Misinformation: In November 2025, false claims circulated online alleging that Taiwan donated €8 billion in exchange for Vice President Hsiao Bi-khim's speech at the European Parliament. The New Taipei District Court ruled that the claim was implausible and did not incite public panic, leading to no penalties for the individuals involved.
• Typhoon Closure Rumor: A man falsely announced school and office closures during a typhoon. The court determined that the public relies on official announcements, and the misinformation did not cause harm or panic, resulting in no punishment.

Legal Framework

Article 63 of the Social Order Maintenance Act stipulates penalties for spreading rumors that affect public order. However, courts have interpreted this provision with caution, often favoring free speech over punitive measures.

Government's Stance

In December 2025, the Executive Yuan proposed amendments to strengthen controls on hate speech, terrorism advocacy, and calls to eliminate Taiwan's sovereignty. The draft suggests penalties including up to 3 days of detention and fines up to NT$30,000. Additionally, online platforms could be directed to restrict or remove such content.

Criticism and Legislative Response

Legal experts and scholars have criticized the proposed amendments, arguing that existing laws already address threats and that the new measures could infringe on democratic freedoms. Opposition lawmakers have blocked the bill in committee, citing concerns over constitutionality and potential political misuse.

Conclusion

The ongoing debate in Taiwan reflects the delicate balance between combating misinformation and upholding free speech. While the government seeks to address the challenges posed by 'fake news,' the judiciary's emphasis on freedom of expression underscores the nation's democratic values.