The Constitutional Court held an oral argument session on Monday to debate the decriminalization of public insult. Under Article 309 of the Criminal Code, those who publicly insult others face up to one year in prison, or a fine not exceeding NT$15,000 (US$300).
Screenwriter Neil Peng (馮光遠) and author Chang Ta-chuen (張大春) who have both been found guilty of public insult, alongside other claimants, legal representatives, and experts were invited to make statements in court. Peng, Chang and others argue that the criminal code's public insult provision violates constitutional freedoms, including freedom of speech and personal liberty, as well as the International covenant on Civil and Political Rights, and have separately filed petitions for a constitutional review.
The court will examine whether Article 309 of the Criminal Code infringes upon Article 11 of the Constitution that guarantees freedom of speech. Additionally, the court will examine whether publicly insulting others in different mediums, say online or in person, alters the nature of the crime and affects the speech’s constitutional protection.
If the law is deemed constitutional, the court may consider whether the scope of such speech should be limited, specifically the speech expressing hate or provocation.