Taiwan Defamation Laws: Civil & Criminal

Defamation in Taiwan is both a civil wrong and a criminal offence. The criminal provisions are Articles 309 (public insult) and 310 (defamation) of the Criminal Code, which the Constitutional Court upheld as constitutional in J.Y. Interpretation No. 509 (2000) and reaffirmed in 2024.

What counts as defamation in Taiwan

Under Article 310 of the Criminal Code, defamation is committed by a person who, with intent to disseminate to the public, points out or disseminates a fact that injures another's reputation. Spoken defamation falls under Article 310(1), while defamation carried out in writing or by pictures falls under the more serious Article 310(2). Taiwan also criminalises public insult in Article 309, which covers publicly demeaning someone through abusive expression that does not assert a specific fact. The distinction is that defamation under Article 310 involves a factual assertion that lowers reputation, whereas insult under Article 309 involves contemptuous expression. Courts assess context, including the tone, setting, and purpose of the statement, when deciding whether expression crosses the threshold into a punishable insult or defamation.

Civil liability for defamation

A defamation victim in Taiwan can also seek civil compensation under the Civil Code, independently of any criminal case. The Civil Code provides that a person who unlawfully infringes another's reputation is liable to compensate for the injury, including non-pecuniary loss such as mental suffering, and a court may order appropriate measures to restore the injured party's reputation, such as publishing a clarification or apology in a suitable form. There is no fixed statutory cap on defamation damages; awards are determined by the court based on factors such as the gravity of the statement, the degree of dissemination, and the parties' circumstances. In practice, civil reputation claims and criminal complaints are often pursued together, and a victim may attach a civil claim for damages to a criminal defamation prosecution.

Criminal defamation and penalties

Taiwan retains criminal defamation, and prosecutions remain common, frequently brought as private criminal complaints by the aggrieved person rather than by the state. Penalties under the Criminal Code are set out below.

The constitutionality of these provisions has been challenged repeatedly. In J.Y. Interpretation No. 509, decided 7 July 2000, the Constitutional Court upheld Article 310 as consistent with the constitutional protection of free speech, reasoning that protecting reputation is a legitimate interest. In 2024, the Constitutional Court upheld the public-insult provision (Article 309) as constitutional in Judgments 113-Hsien-Pan-3 and 113-Hsien-Pan-4. Those judgments did not issue a fresh constitutionality ruling on the Article 310 defamation provision, whose constitutionality continues to rest on Interpretation No. 509; rather, they reinforced that courts must weigh free-speech values carefully and apply the reasonable-verification standard before convicting.

The defences

The central statutory defence is the truth defence in Article 310(3), which provides that a person is not punished for defamation if able to prove the truth of the stated fact. However, this defence does not apply where the matter concerns only private affairs unrelated to the public interest. Building on Interpretation No. 509, Taiwanese courts apply a reasonable-verification approach. A defendant who cannot conclusively prove truth may still escape liability if, having undertaken reasonable fact-checking, the defendant objectively had reasonable grounds to believe the statement was true. The 2024 Constitutional Court judgments confirmed this standard, particularly for speech on matters of public interest. Fair comment on matters of public concern, and statements made in good faith in the proper exercise of a duty or in self-defence of a legitimate interest, are also recognised as exemptions in Article 311.

Online defamation

There is no separate cyber-defamation statute in Taiwan. Defamation and insult committed on the internet are prosecuted under the same Criminal Code provisions, Articles 309 and 310, as offline conduct. Posting defamatory facts or insulting content on social media, forums, messaging apps, or websites can therefore give rise to the same criminal liability, and online publication in writing typically falls under the more serious Article 310(2) for defamation by writing. The reasonable-verification standard recognised by the Constitutional Court applies equally to online speech, so a person who responsibly checks a claim on a matter of public interest before posting is in a stronger position. Civil liability under the Civil Code likewise reaches online statements, and platforms operating in Taiwan may face requests to remove unlawful content.

Remedies, damages and how to bring a claim

Taiwan offers both criminal and civil routes, and they are commonly combined. On the criminal side, defamation and insult are generally offences prosecuted on complaint, so the victim files a private criminal complaint, frequently directly with the court, and the prosecution proceeds from there. On the civil side, the victim may sue in the District Court for monetary compensation for reputational and emotional harm and for reputation-restoring measures such as a published clarification. A civil claim for damages can also be joined to a criminal prosecution as an incidental civil action. Watch out: complaint-based criminal defamation must generally be filed within a limited period after the victim learns of the offence and the offender, so prompt action matters, and civil claims are subject to their own limitation period under the Civil Code.