Court Observation Recruitment | Criminal Oral Argument | Following the Wave of Reporting on RISU Sexual Intimacy Image Groups... (Appellate Instance)

Sentenced to 50 days of detention for defamation simply for speaking out against non-consensual sexual intimacy images?

Anyone following the #MeToo movement and the issue of sexual intimacy images likely remembers that when the incident involving the distribution of such images in the RISU Facebook group broke out last year, it triggered a series of reporting campaigns. Half a year later, thanks to public mobilization, these groups finally stopped spreading non-consensual sexual intimacy images.

However, amidst this wave of public discussion and mobilization, someone unfortunately became entangled in legal proceedings, was convicted in the first instance, and is now striving to defend their innocence in the second instance.

Background of the Incident

In May 2023, the "Taiwan Endowment for Women" first launched a reporting campaign against RISU. Subsequently, activist Wang Ying-ta (汪英達) responded to the reporting campaign and began reporting the group. However, as the number of reports accumulated, Wang Ying-ta suspected that the administrators of the RISU group overlapped with those of the "Bao Liao Gong She" (爆料公社) groups, and even believed that some administrators were involved in both simultaneously, being referred to as "Bao-series administrators."

On June 3, 2023, Wang Ying-ta posted on Facebook: "After checking and reporting the Risu groups currently searchable on Facebook one by one, I found that one of the administrators for quite a few of these groups is the fan account named 'Bao-series Administrator.' Upon checking, I discovered that this turns out to be Bao Liao Gong She! Could it be that the internet company Bao Liao Gong She is directly operating or helping manage the shady business of leaking private videos like Risu? Absolutely shameful!"

Consequently, Bao Liao Gong She Co., Ltd. filed a criminal complaint for defamation and civil claims for damages against Wang Ying-ta. Subsequently, the prosecutors' office held a single investigative hearing and indicted him within a month. Ultimately, Wang Ying-ta was convicted of aggravated defamation in the first instance and sentenced to 50 days of detention (拘役). Over the past year, due to the procedural requirements of criminal litigation, Wang Ying-ta has been forced to appear in court, disrupting his work schedule and family life because of the litigation. Perhaps, to the first-instance court, Wang Ying-ta was convicted of aggravated defamation simply because he acted rashly and failed to fulfill a certain degree of verification obligation.

However, for civil society, this constitutes a "strategic lawsuit against public participation" (SLAPP)—that is, judicial harassment against critics. By filing lawsuits, it makes citizens apprehensive and silenced, causing them to step back from participating in public affairs discussions and creating a chilling effect.

To ensure a sound discursive environment for civil society, JRF calls upon the judicial system to view the public interest value of an actor's expression more fairly, allowing the right to reputation to make reasonable concessions to a certain degree, and to strive alongside volunteer lawyers for an acquittal in the second instance.

Court Observation Schedule

Currently, the civil and criminal cases filed by Bao Liao Gong She Co., Ltd. against Wang Ying-ta are proceeding simultaneously, both currently in the appellate stage. Among them, the criminal case will hold another hearing on October 15. The Judicial Reform Foundation and the Taiwan Endowment for Women will dispatch personnel to initiate a court observation action. Interested friends are welcome to attend and participate! After the hearing, the defense counsel for this case will also hold a discussion and exchange with everyone.

Q. What is a Strategic Lawsuit Against Public Participation (SLAPP)?

A "Strategic Lawsuit Against Public Participation" (SLAPP) refers to the practice of opposing or challenging efforts to influence legal proceedings through public opinion, social pressure, or popular sentiment. In other words, litigation is often used as a customary tactic by governments, the wealthy, and corporations to intimidate journalists, NGOs, and ordinary citizens. Its purpose lies not in the remedial outcome of the judiciary, but in the judicial harassment of critics. Legally, lawsuits should be based on law and evidence, free from the influence of social and public emotions.

Q. What Related Materials Are Available?

•  Joint Statement by Civil Organizations on the First-Instance Judgment of the Risu Defamation Lawsuit: "Following the Wave of Reporting on RISU Sexual Intimacy Image Groups..."
•  Li Ling-wei, Chang Yu-cheng / How to Expose Online Without Committing a Crime? Which Matters More: The Right to Reputation or Freedom of Speech?
• Mirror Media / Netizens Catch RISU Group Administrators Also Serving as "Bao-series" Admins! Bao Liao Gong She Suddenly Suspended, and He Explains
• Pocket Guide to Amendments on Sexual Intimacy Images

Contact Person

Advocacy Specialist Hsieh Chia-chen (謝佳臻)
Email: jane@jrf.org.tw
Phone: 04-23292372#11