Freedom of Speech in Political Campaign—A Proposal for Regulating Negative Campaign Speech in Taiwan
Date Issued
2011
Date
2011
Author(s)
Chang, Yu-Wei
Abstract
This Article found that the candidates have been getting used to using deceptive negative statements in their speech in order to mislead electoral process and win the election. Therefore, this article is focus on freedom of speech in campaign, which is considered to threat the equity in electoral process. There are five types in campaign speech distinguished with content-based regulation and content-neutral regulation including defamation, hate speech, deceptive speech, polls, and unlawful speech.
Searching all of J. Y. Interpretation, the Honorable Justices didn’t have filed J. Y. Interpretation about campaign speech issues. However, this article analyzed some of J. Y. Interpretation which is interrelated with freedom of speech and American experience, and concluded that regulation in false campaign speech is not unconstitutional.
After studying amounts of cases, this article found some problems and made some suggestions to make better. This article made a proposal to improve these weaknesses. First, legislators have to reconsider the minimum of sentence and speedy trial. Second, legislators should add “defamation in campaign” in circumstances of Article 120 of Civil Servants Election and Recall Act. Third, Article 104 should include the contents of the discipline of exposing others’ privacy. Fourth, legislators should add a new article “hate speech in campaign” in Civil Servants Election and Recall Act. Fifth, legislators should add new article“ spreading false saying about a candidate’s profile” in the former Act. Last, make new regulations about election survey. On the other hand, civic groups should have being making effort to supervise the worse candidates. The mass media shouldn’t mislead audience but report genuinely.
Subjects
Campaign speech
Freedom of Speech
Negative campaign
defamation in electoral process
hate speech in electoral process
election survey
Civil Servants Election and Recall Act
SDGs
Type
thesis
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