Chu Chang-sheng, Lu Ying-chieh, and four other defendants in defamation cases filed a petition with the Constitutional Court on the applicability of Criminal Code Article 310 and Judicial Yuan Interpretation No. 509 (2000) to the final and binding rulings, and whether the cited provisions are in violation of freedom of speech, proportionality, and the principles of legal clarity and principle of equality. The National Human Rights Commission, represented by Commissioner Ko Yong-cheng as an expert agency, was invited to attend the Constitutional Court to present oral statements and provide expert opinions in regard to the constitutionality of Criminal Code Article 310.
The NHRC has on multiple occasions called for the decriminalization of defamation in accordance with the spirit of Article 19 of the United Nation’s International Covenant on Civil and Political Rights, provided that the government implements the appropriate supporting measures.
According to Kao, it is necessary to supplement Judicial Yuan Interpretation No. 509 (2000) to unify the practical standards for determining criminal liability in defamation cases. The NHRC also urges the Legislative Yuan to formulate laws that prohibit hate speech and war propaganda and to review the Public Officials Election And Recall Act to determine the appropriateness of certain provisions that may potentially infringe on freedom of speech.