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												  Fake News Laws in East and Southeast AsiaCopyright © 2020 Asia Centre and Council of Asian Liberals and Democrats (CALD). All rights reserved. Permission Statement: No part of this report in printed or electronic form may be reproduced, transmitted or utilised in any form or by any means, electronic, mechanical, photocopying or otherwise, without written permission of the Asia Centre and CALD. Copyright belongs to Asia Centre and CALD unless otherwise stated. Civil society organisations and educational institutions may use this report without requesting permission on the strict condition that such use is not for commercial purposes. When using or quoting this report, every reasonable attempt must be made to identify owners of the copyright. Errors or omissions will be corrected in subsequent editions. Requests for permission should include the following information: • The title of the document for which permission to copy material is desired. • A description of the material for which permission to copy is desired. • The purpose for which the copied material will be used and the manner in which it will be used. • Your name, title, company or organization name, telephone number, e-mail address and mailing address. Please send all requests for permission to: Asia Centre 128/183 Phayathai Plaza Building (17th Floor), Phayathai Road, Thung-Phayathai, Rachatewi, Bangkok 10400 Thailand [email protected] Council Of Asian Liberal and Democrats (CALD) Unit 410, 4th Floor, La Fuerza Plaza 2, 2241, Chino Roces Avenue, Makati, 1200 Metro Manila, Philippines [email protected] FAKE NEWS LAWS IN EAST AND SOUTHEAST ASIA Foreword 2 Preface 3 Executive Summary 4 INTRODUCTION 6 DISINFORMATION 14 EXISTING LEGISLATIONS 22 FAKE NEWS LEGISLATION 26 COVID-19 TEMPORARY LEGISLATION 30 IMPACT ON FREEDOM OF EXPRESSION 34 RECOMMENDATIONS 49 CONCLUSION 54 Bibliography 56 Abstract 59 About 60 FOREWORD Whoever said “a lie travels halfway The Disinformation Baseline Study around the world while the truth is produced by the Council of Asian putting on its shoes” is right.
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												  The Origins and Development of Taiwan's Policies Toward TheThe Origins and Development of Taiwan’s Policies toward the Overseas Citizens’ Participation in Homeland Governance and Decision-Making Dean P. Chen, Ph.D. Assistant Professor of Political Science Ramapo College of New Jersey Presentations for the Center on Democracy, Development, and the Rule of Law Stanford University February 28, 2014 How International Relations (IR) Theories Matter? • Second-image reversed (Peter Gourevitch, 1978) – International systemic changes affect domestic politics – Domestic political actors and institutions filter the effects of international conditions, resulting in changes of interests, coalitions, norms, ideas, identities and policies • Constructivist theory of argumentative persuasion (Thomas Risse, 2000) – Interests and identities can be changed through the social interactive processes of argumentation, deliberation, and persuasion Main Argument • The Republic of China (ROC)/Taiwan’s policies toward overseas constituents have always been closely aligned with the government’s diplomatic objectives – From KMT’s pan-Chinese nationalism to Taiwan’s desire for a greater international space and political autonomy • Transformations of international politics inevitably shape the domestic political situations in ROC/Taiwan, which, then, impact policies toward the overseas community • Despite facing a rising People’s Republic of China (PRC), Taiwan’s democratization and rising Taiwanese consciousness have fostered a new set of identities, interests, and arguments that compete with Beijing’s “one China” principle
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												  Transitional Justice in Taiwan: Changes and ChallengesWashington International Law Journal Volume 28 Number 3 7-1-2019 Transitional Justice in Taiwan: Changes and Challenges Nien-Chung Chang-Liao Yu-Jie Chen Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons Recommended Citation Nien-Chung Chang-Liao & Yu-Jie Chen, Transitional Justice in Taiwan: Changes and Challenges, 28 Wash. L. Rev. 619 (2019). Available at: https://digitalcommons.law.uw.edu/wilj/vol28/iss3/5 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Compilation © 2019 Washington International Law Journal Association TRANSITIONAL JUSTICE IN TAIWAN: CHANGES AND CHALLENGES Nien-Chung Chang-Liao* and Yu-Jie Chen** Abstract: Taiwan’s experience with transitional justice over the past three decades suggests that dealing with historical injustice is a dynamic and fluid process that is fundamentally shaped and constrained by the balance of power and socio-political reality in a particular transitional society. This Article provides a contextualized legal-political analysis of the evolution of Taiwan’s transitional justice regime, with special attention to its limits and challenges. Since Taiwan’s democratization began, the transitional justice project developed by the former authoritarian Chinese Nationalist Party (Kuomintang, KMT) has been rather disproportionately focused on restorative over retributive mechanisms, with the main emphasis placed on reparations and apology and little consideration of truth recovery and individual accountability.
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												  Chinese Control Yuan: an Independent Supervisory Organ of the StateWashington University Law Review Volume 1963 Issue 4 1963 Chinese Control Yuan: An Independent Supervisory Organ of the State Herbert H. P. Ma Grand Justice, Judicial Yuan, Republic of China Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Comparative and Foreign Law Commons Recommended Citation Herbert H. P. Ma, Chinese Control Yuan: An Independent Supervisory Organ of the State, 1963 WASH. U. L. Q. 401 (1963). Available at: https://openscholarship.wustl.edu/law_lawreview/vol1963/iss4/1 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. WASHINGTON UNIVERSITY LAW QUARTERLY Volume 1963 December, 1963 Number 4 THE CHINESE CONTROL YUAN: AN INDEPENDENT SUPERVISORY ORGAN OF THE STATE HERBERT HAN-PAO MA* In recent years, quite a number of articles on the Scandinavian censorial institution of the Ombudsman have appeared in English- language publications.' In 1961, the University of Pennsylvania Law Review published three articles about this institution,2 in one of which an American professor made serious suggestions for a similar office for the United States.3 The purpose of this article is to introduce Western readers to the Control Yuan of the Republic of China. Al- though similar in purpose to the Ombudsman, the Control Yuan is a unique supervisory organ with roots in modern Chinese constitutional theory and in the traditional Chinese censorial administrative system.
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												  Terminating Nuclear Power P.OFebruary 2020 | Vol. 50 | Issue 2 THE AMERICAN CHAMBER OF COMMERCE IN TAIPEI IN OF COMMERCE THE AMERICAN CHAMBER Terminating Nuclear Power 終止核電 TAIWAN BUSINESS TOPICS TAIWAN February 2020 | Vol. 50 | Issue 2 Vol. 2020 | February 中 華 郵 政 北 台 字 第 INDUSTRY FOCUS REAL ESTATE 5000 BACKGROUNDER 號 執 照 登 記 為 雜 誌 交 寄 PET INDUSTRY ISSUE SPONSOR Published by the American Chamber Of NT$150 NT$150Commerce In Taipei Read TOPICS Online at topics.amcham.com.tw 2_2019_Cover.indd 1 2020/1/29 下午10:26 CONTENTS NEWS AND VIEWS 6 President’s View The election is over. It’s time for a FEBRUARY 2020 VOLUME 50, NUMBER 2 fresh start. 一○九年二月號 By William Foreman 7 Editorial Publisher Taiwan Deserves Congratulations William Foreman 為台灣民主喝采 Editor-in-Chief Don Shapiro 8 Taiwan Briefs Deputy Editor Jeremy Olivier By Jeremy Olivier Art Director/ / 12 Issues Production Coordinator Katia Chen Reviewing the Recent Legislative Manager, Publications Sales & Marketing Term Caroline Lee 第九屆立法院會期回顧 Translation Kevin Chen, Yichun Chen By Eric P. Moon/Soundline Con- sulting American Chamber of Commerce in Taipei COVER SECTION 129 MinSheng East Road, Section 3, 7F, Suite 706, Taipei 10596, Taiwan Terminating Nuclear Power P.O. Box 17-277, Taipei, 10419 Taiwan Tel: 2718-8226 Fax: 2718-8182 終止核電 e-mail: [email protected] website: http://www.amcham.com.tw 撰文/法提姆 By TIMOTHY FERRY 050 15 Nuclear Decommissioning 2718-8226 2718-8182 Stuck in Limbo Taiwan Business Topics is a publication of the American Chamber of Commerce in Taipei, ROC. 核電廠除役進退兩難 Contents are independent of and do not necessarily reflect the views of the Officers, Board of Governors, Supervisors or members.
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												  Taiwan's Constitutional ReformASIA PROGRAM SPECIAL REPORT NO. 125 NOVEMBER 2004 INSIDE Taiwan’s Constitutional Reform: JIUNN-RONG YEH Hope or Nope: The Domestic Inspiration and External Second Call for a New Constitution in Taiwan Constraints page 4 JACQUES DELISLE ABSTRACT: This Special Report discusses both domestic inspirations for and external con- straints on Taiwan’s constitutional reform. Minister Jiunn-rong Yeh of the Research, Reforming/Replacing the Development and Evaluation Commission, the Executive Yuan,Taiwan, argues that a new con- ROC Constitution: stitution could enhance Taiwan’s democratic and effective governance, and help to develop a Implications for Taiwan’s Taiwanese national identity. Professor Jacques deLisle of the University of Pennsylvania Law State (-Like) Status and U.S. Policy School contends that a new constitution would worsen cross-Strait relations and challenge U.S. policy toward China and Taiwan. Professor Alan M.Wachman of the Fletcher School of Law and page 12 Diplomacy maintains that mutual accommodation between China and Taiwan is possible through dialogue.While the three essays all recognize the inevitability of some sort of constitu- ALAN M. WACHMAN tional reform, they vary on its final direction as well as possible implications for Washington- Constitutional Diplomacy: Taipei-Beijing relations. Taipei’s Pen, Beijing’s Sword page 19 Introduction United States? Does the United States have a Gang Lin role to play in influencing Taiwan’s constitu- tional reform, or the methods by which such ince Taiwan’s political democratization reform is carried out? The following three starting in 1986, the Constitution of essays explore these and related issues. S the Republic of China (ROC) has The first essay,by Minister Jiunn-rong Yeh experienced six rounds of revision.
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												  Authoritarian Regime Types, Political and Socio-Economic OutcomesAuthoritarian Regime Types, Political and Socio-Economic Outcomes, and Democratic Survival Huang-Ting Yan A thesis submitted for the degree of Doctor of Philosophy Department of Government University of Essex Year of Award: 2020 1 Summary This dissertation addresses the question of which factors shape outcomes in autocratic regimes, and, in turn, what influences the survival of democratic regimes in light of their authoritarian legacies. I argue that regimes which are able to curtail the dictator’s powers, compared to uncontested autocracies, are associated with better institutional and socio-economic outcomes during the authoritarian rule as well as a higher survival rate upon transition to democracy. The first two papers of this dissertation provide evidence that regimes where the leader’s power is constrained either by an organised opposition or by a strong regime party are more likely to have an independent judiciary and experience higher levels of health expenditure. A third paper provides evidence that the mechanisms which protect contested autocracies also lay the foundation for an institutional framework in which the subsequent democratic regimes are more likely to survive. This dissertation offers a mixed-methods approach to confirm the three arguments. In conclusion, only with checks and balances in place, those in power can stay humble, take care of people, and promote good governance, compared to the ruler with unlimited power. 2 1. INTRODUCTION This dissertation addresses the question of which factors shape outcomes in autocratic regimes, which, in turn, influence the survival of democratic regimes in light of their authoritarian legacies. To explain the difference in the lifespan of young democracies, scholars have compiled a list of causal factors and their mechanisms that affect these democracies.
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												  Taiwan's 2014 Nine-In-One ElectionTAIWAN’S 2014 NINE-IN-ONE ELECTION: GAUGING POLITICS, THE PARTIES, AND FUTURE LEADERS By John F. Copper* TABLE OF CONTENTS I. INTRODUCTION .................................. 2 II. PAN-GREEN’S HANDICAPS ...................... 6 III. PAN-BLUE’S TRAVAILS ........................... 17 IV. PRE-ELECTION POLITICS ........................ 28 A. State of the Economy ............................ 28 B. Sunflower Student Movement ................... 31 C. Gas Explosion in Kaohsiung and Bad Cooking Oil Incidents ..................................... 36 V. THE CANDIDATES AND THE CAMPAIGN ..... 39 A. Taipei Mayor Race: Sean Lien v. KO Wen-je .... 44 B. Taichung Mayor Race: Jason Hu v. LIN Chia- Lung . ............................................ 48 C. Predictions of Other Elections ................... 50 D. How Different Factors May Have Influenced Voting ........................................... 50 VI. THE ELECTION RESULTS ........................ 51 A. Taipei City Mayoral Election Results ............ 53 B. Taichung Mayoral Election Results .............. 55 C. New Taipei Mayoral, Taoyuan Mayoral and Other Election Results ................................. 56 D. Main Reasons Cited Locally for the DPP Win and KMT Defeat ................................ 59 E. Reaction and Interpretation of the Election by the Media and Officialdom in Other Countries . 61 VII. CONCLUSIONS ......... ........................... 64 A. Consequences of This Election in Terms of Its Impact on Taiwan’s Future ...................... 70 * John F. Copper is the Stanley J. Buckman Professor of International Studies (emeritus) at Rhodes College in Memphis, Tennessee. He is the author of a number of books on Taiwan, including Taiwan’s Democracy on Trial in 2010, Taiwan: Nation-State or Province? Sixth edition in 2013 and The KMT Returns to Power: Elections in Taiwan 2008 to 2012 (Lanham: Lexington Books, 2013). He has written on Taiwan’s elections since 1980. (1) 2 CONTEMPORARY ASIAN STUDIES SERIES B.
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												  Comparison of Mobile TV in Singaporeand Taiwan: a Social-Technical System ApproachMay 2009 Comparison of Mobile TV in Singaporeand Taiwan: A Social-technical System Approach Trisha, Tsui-Chuan Lin Assistant Professor, Wee Kim Wee School of Communication Nanyang Technological University, Singapore Liu, Yu-Li Professor, Department of Radio and Television National Chengchi University, Taiwan Mobile TV trends y ABI Research: in 2010, 250 million mobile TV users Worldwide (Oh & Jablon, 2008). y Informa Telecoms & Media (2007): - mobile TV and video will generate US$8 billion by 2012 - Asia-Pacific region will lead the development of mobile TV - high penetration in cell phones - Asians’ commuting lifestyles - advanced broadcasting mobile TV technology - Asia Market trials: China, India, China Taipei, Indonesia, Malaysia, Australia, and Singapore Singapore & Taiwan… emerging mobile TV y 2007 ITU’s DOI: Singapore 5th vs. Taiwan 7th y Mobile phone penetration: - Singapore: 131.3% mobile phone penetration & 2.5 million 3G subscribers (iDA Singapore, January 2009) - Taiwan’s is 110.3% with 11.29 million 3G subscribers (FIND, 2009) y 2005 both launched 3G video services y Free-trade countries with ‘pro-market’ Little Asia Tigers y Different government-market relationships: Singapore (government involvement) vs. Taiwan (minimal government intervention) What is mobile TV? y Mobile TV: transmission of TV programs or videos for various wireless devices (Kumar, 2007, p.5). y Two kinds of mobile TV (Kumar, 2007) - mobile broadcasting TV - unicasting mobile videos Mobile TV Technology y 3G: bandwidth limitation caused unsatisfied viewing
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												  Forging Cross-Straits Forum 2.0CHINA WATCH Forging Cross-Straits Forum 2.0 Duan Zhezhe, FDDI Research Assistant, National Chengchi University Before Lee Shu-chuan, the former Secretary-General of Kuomintang The Cross-Straits Forum (KMT), left office, he had submitted to Hung Hsiu-chu, Chairperson of was set to serve as a the Party, a report on reform of party affairs – a summary of his visits platform for cross-strait to 21 cities and counties of Taiwan since the loss of election in January, communication. The claiming that in order to change KMT’s pro-CPC image the Cross-Straits social changes in Taiwan should be concerned when Forum should be canceled and replaced by some specific consultation building communication on cross-strait issues. This argument has caused great controversy both platforms between the inside and outside the party. We should keep a close eye on such changes two sides. We should so as to adjust related policies in time and appropriately respond to the upgrade the current forum shift of social climate in Taiwan. Basically we think that the Cross-Straits and transform it into a Forum (short for Cross-Straits Economic, Trade and Culture Forum) has problem-solving oriented accomplished its periodic task and should be upgraded into version 2.0 one with new direction. with adjusted contents and direction. I. Historical Course of Cross-Straits Forum (Version 1.0) The Cross-Straits Forum at its initial stage, serving as a platform for contacts between the two sides, achieved quite a few fruitful results. In 2005 when Lien Chan, president of KMT then, had a historical meeting with Hu Jintao, president of CPC, the two leaders reached an agreement which was called Shared Visions for Cross-Straits Peaceful Development (or Five Shared Visions in short), among which one vision was to establish a KMT-CPC platform.
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												  Does Press Freedom Come with Responsibility? Media for and Against Populism in TaiwanTaiwan Journal of Democracy, Volume 17, No. 1: 119-140 Does Press Freedom Come with Responsibility? Media for and against Populism in Taiwan Lihyun Lin and Chun-yi Lee Abstract On November 18, 2020, the National Communications Commission (NCC) revoked the application of cable news station Chung Tien TV (CTiTV) to renew its broadcasting license.1 This decision triggered supporters of this television channel, mostly pan-Blue voters, to protest and rally. One man self-immolated to express his support for CTiTV.2 This act aimed to copy a prodemocracy figure, Cheng Nan-jung, an editor of China News Analysis Freedom Era Weekly, who, on April 7, 1989, burned himself to death to defend press freedom. After losing its license, CTiTV subsequently accused the Taiwanese government of infringing press freedom through the NCC’s decision-making body.3 Taiwan’s people have fought for democracy since the 1980s; indeed, press freedom has been one of the cornerstones for which they have been fighting. Between 1996 and 2020, Taiwan experienced three shifts in governmental power. The question arises: Has the Taiwanese government censored cable television channels, forgetting how press freedom was earned over this long and hard process? This essay aims to clarify the situation first by reviewing the theoretical discussion of press regulation and public interest. By addressing the public interest, the study enters the debate about elitism and populism. Following this conceptual discussion, the study focuses on the case of CTiTV, particularly Lihyun Lin is a Professor in the Graduate School of Journalism at National Taiwan University. <[email protected]> Chun-yi Lee is an Associate Professor in the School of Politics and International Relations at the University of Nottingham.
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												  The Public Sector Ombudsman in Greater China: Four “Chinese” Models of Administrative SupervisionTHE PUBLIC SECTOR OMBUDSMAN IN GREATER CHINA: FOUR “CHINESE” MODELS OF ADMINISTRATIVE SUPERVISION STEPHEN THOMSON* ABSTRACT Among the challenges facing Greater China, the ombudsman is rarely, if ever, considered one of them. Yet this relatively innocuous institution can, under the right conditions, contribute much that is beneficial to standards in public administration. This is the first Ar- ticle to contrast the models of public sector ombudsman in Mainland China, Hong Kong, Macau, and Taiwan, drawing comparisons on such features as institutional function, constitutional and legal sta- tus, relationship with the executive branch, process, substantive powers, effectiveness and transparency. Even in a region as politi- cally, constitutionally and economically associated as Greater China, four diverse models of ombudsman coexist. They display sharp differences from systemic function to institutional culture, and as the region is now on a path of convergence, these are differ- ences which may soon have to be reconciled. That reconciliation would, as this Article shows, require a major reconceptualization and reconfiguration of administrative supervision in at least three of the jurisdictions under review. * Associate Professor, City University of Hong Kong; Legal Adviser to the Ombudsman of Hong Kong (this Article is not written in the latter capacity). I would like to thank Jyh-An Lee and Yu Qi for helpful comments on a draft of this Article, and Xu Qian for research assistance. I am also grateful to colleagues at the Constitutional and Administrative Law Centre at Peking University and the Asian Law Centre and Centre for Comparative Constitutional Law at the University of Melbourne for constructive feedback on this research.