Reconciling Freedom of Expression and Right to Reputation: A Reconstruction of the Taiwan Constitutional Court''s Interpretation No.509
Date Issued
2014
Date
2014
Author(s)
Yu, Bai-yu
Abstract
As our country’s democracy transits, Interpretation No.509 obviously has a significant position in the history of the development of freedom of speech in Taiwan. This Interpretation was elaborated by transforming the
meaning of the criminal law of defamation provisions, by reconciling the conflict between freedom of speech and personal reputation,and by lessening the defamation provisions in order to achieve the purpose of protection of freedom of speech. However, this Interpretation has been derived into many issues that chapter one will introduce.
One of the disputes of this Interpretation was this sentence:“as long as the accused has reasonable grounds to believe that the statement was true when disseminated and has proffered evidence to suppose the belief, the accused must be found not guilty of criminal defamation.”Did the meaning of this sentence equal to the doctrine of“actual malice”in America’s laws of defamation? I think this Interpretation has adopted the
doctrine of reasonable investigation. In chapter two I will analyze this.
In chapter three, I will compare the different structures between civil law and criminal law to discuss whether the Interpretation No.509 can be applied to tort of defamation in order to protect freedom of speech.
Interpretation No.509 did not clarify the sort for those cases that reconcile between freedom of speech and reputation , but I argue that courts should have manipulated cases by classification, presented in chapter four.
Summarizing the preceding chapters, I believe that the current practice for operating cases of reconciling freedom of speech and reputation are not quite reasonable, so I will divide civil law and criminal law cases into
each of four different types and put forward approach in chapter five.
Subjects
釋字第 509 號
言論自由
名譽權
誹謗罪
真正惡意原則
合理查證原則
SDGs
Type
thesis
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