Sidelights｜"I'll definitely sue you?" The internet is not a lawless land

As times change and evolve, the ways people connect with one another have shifted from face-to-face interactions and written letters to today's internet era where people can interact and communicate without even leaving their homes. Especially with the rise of various social media platforms, people are free to express their views and make their lives public using just a photograph or a post.
However, as the internet world deepens into everyone's daily life, it inevitably brings immense risks, such as online verbal abuse and public shaming, thereby spawning numerous legal controversies. These questions hidden in your hearts opened the seminar; being a keyboard warrior in the digital world can easily trap oneself in the predicament of "suing and being sued."

The internet makes it easier, simpler, and more convenient to gather everyone's opinions and allows everyone to express their views more readily. This may form a certain public opinion, using the majority to oppress the minority. ——Attorney Wei Kuang-hsuan

The internet is a double-edged sword. While bringing convenience to people, it also blurs the boundaries between individuals. While enjoying internet freedom, we unconsciously turn into invisible blades hurting others. Attacking others online based on their appearance? Does cursing in unnamed or fully anonymous internet chat rooms constitute defamation or public insult? If someone tells another person to go die in an online comment and that person actually commits suicide, is there a crime? The public has a vague and hazy understanding of legal boundaries. Prior to the seminar, the JRF collected the public's questions regarding common internet legal disputes and untangled them through an attorney's sharing.
The digital world is like a microcosm of human society; wherever there are people, conflicts arise, and the law exists to maintain social order. As the speaker conveyed the core concept during the seminar: "The internet is merely a way to carry out an action, and the action itself carries legal responsibility; the internet is not a lawless land."

Common Internet-Related Laws

In this world, not everything needs to be resolved by the law. The law is meant to protect human rights, resolve disputes, and define everyone's rights and obligations. It exists to solve problems in society that cannot be clarified, rather than to settle personal grudges. ——Attorney Wei Kuang-hsuan

Common online verbal attacks may touch upon the concept of obstruction of reputation under Article 309 of the Criminal Code, which is further divided into two elements under defamation: "public insult" and "defamation/libel." Different verbal attack behaviors result in different disciplinary effects. To put it simply, obstruction of reputation is the depreciation of another person's social evaluation. However, the public needs to pay special attention to the fact that while being scolded naturally brings displeasure, as mentioned in the previous section, the law is not about whether one feels happy or unhappy; what the law protects is personal reputation, not personal emotional issues.

Speech is inherently diverse, and simple insults do not necessarily violate the crime of public insult. Just as there are a thousand Hamlets in a thousand people's eyes, it is necessary to examine the content and phrasing to see whether it causes damage by lowering evaluation or if it is merely one's own evaluation of freedom of speech. Some might think that not mentioning names or using a nickname is a way to exploit loopholes in the law. However, as the speaker repeatedly discussed in the seminar, anonymity does not matter; what matters is that even without naming names, if the action allows others to know who is being talked about, thereby lowering their evaluation and damaging their reputation, it may still violate the law.

Whether it is online public shaming or human flesh search (doxxing), as long as it infringes upon others' rights and is not for the public interest, but merely uses the power of the crowd to judge others, it constitutes harm. The most frequently violated issue is searching for others' personal data and spreading their privacy on public platforms, which may violate the Personal Data Protection Act. The Personal Data Protection Act deals with three things: first, data collection; second, data management; third, data usage. Illegality violates the Personal Data Protection Act. Ordinary people are likely to violate the collection and usage parts, while the management part mainly penalizes government agencies, business firms, and banks. The ease of data collection largely influences whether a crime is constituted.

Internet public shaming and doxxing are often regarded by netizens as a means of justice. However, without legal basis and authorization, one cannot judge others. Self-help is not permitted in Taiwan; the only entities possessing judicial power authorized by law have such authority.

Under the Banner of Freedom of Speech, the Boundaries Between Individuals.

All people are born free, and freedom of speech is a basic human right protected by the Constitution. While enjoying the convenience of the internet world, internet users also need to pause and consider whether their interactive behaviors with others in virtual spaces will harm others. Regardless of the method used to express one's thoughts on society or individuals, or to discuss controversial events with others, internet users must maintain their rationality and find a balance between their own emotions and the right to freedom of speech, so as not to trap themselves in the cage of "suing and being sued" and become bound by their own doing.