Court Observation Recruitment | Criminal Oral Argument | Following the Wave of Reporting RISU Sexually Intimate Image Groups... (Second-Instance Oral Argument Hearing)

Sentenced to 50 days in prison for defamation simply by speaking out against sexually intimate images?

Those who care about the #MeToo movement and the issue of sexually intimate images probably still remember that when the incident of the RISU Facebook groups spreading sexually intimate images broke out last year, it triggered a series of reporting campaigns. Half a year later, through public mobilization, these groups finally stopped spreading sexually intimate images.

However, amidst this wave of public discussion and mobilization, some individuals unfortunately became entangled in lawsuits, were convicted in the first instance, and are now fighting to defend their innocence in the second instance.

Case Background

In May 2023, the Taiwan Digital Power Women Alliance first initiated a reporting campaign against RISU. Subsequently, activist Wang Ying-ta (汪英達) responded to the reporting action and began reporting the groups. However, as the number of reports accumulated, Wang Ying-ta suspected that the administrators of the RISU groups overlapped with those of the Baoliao Commune (爆料公社), and even believed that some administrators were involved in both groups, commonly known as "Baoliao-affiliated administrators" (爆系管理員).

On June 3, 2023, Wang Ying-ta posted on Facebook: "I just searched and reported the Risu groups on Facebook one by one, and found that the manager of several groups is actually a fan account called 'Baoliao-affiliated administrator'. Upon checking, I found out it's actually Baoliao Commune! Could this internet company Baoliao Commune actually be running or directly assisting in managing the shady business of leaked intimate videos like Risu? Absolutely shameful!"

Consequently, Baoliao Commune Co., Ltd. filed defamation charges and civil claims for damages against Wang Ying-ta. The Prosecutors Office subsequently held a single investigative hearing and indicted him within a month. In the end, 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 rules of criminal litigation, Wang Ying-ta was forced to attend court in person, which severely disrupted his work plans and family life. Perhaps, to the first-instance court, Wang Ying-ta was convicted of aggravated defamation simply because he acted recklessly and failed to fulfill a certain degree of verification obligation.

However, to civil society, this constitutes a "Strategic Lawsuit Against Public Participation" (SLAPP)—that is, judicial harassment against critics, using litigation to make citizens hesitant, silence them, and deter them from participating in public affairs discussions, thereby creating a chilling effect.

To foster a favorable speech environment for civil society, our foundation calls on the judicial system to view the public interest value of a speaker's expression more fairly, allowing the right to reputation to make reasonable concessions to a certain extent, and we will work alongside volunteer lawyers to fight for an acquittal in the second instance.

Court Observation Time

Currently, both the civil and criminal cases filed by Baoliao Commune Co., Ltd. against Wang Ying-ta are proceeding simultaneously and are both in the appeal stage. Among them, the criminal proceeding will hold a court session at 10:00 AM on December 3, which is also the final oral argument hearing of the second-instance proceedings. The court will examine whether Mr. Wang Ying-ta conducted verification actions prior to making his statements. The JRF and the Taiwan Digital Power Women Alliance will dispatch personnel to launch a court observation campaign, hoping to invite partners who care about this issue to attend and participate in the final stage of the second instance to give support and encouragement to Ying-ta! After the hearing, the defense lawyers of this case will also lead 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 practices that oppose or challenge the use of public opinion, social pressure, or public sentiment to influence legal litigation cases. In other words, lawsuits are often used as a customary tactic by governments, the wealthy, and corporations to intimidate journalists, non-governmental organizations, and ordinary citizens. Their purpose lies not in judicial relief, but in the judicial harassment of critics. Legally speaking, lawsuits should be based on law and evidence, and should not be swayed by social and public emotions.

Q. What Related Materials Are Available?

• "Following the Wave of Reporting RISU Sexually Intimate Image Groups..." — Joint Statement by Civil Groups Regarding the First-Instance Verdict of the Risu Defamation Lawsuit
• 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 "Baoliao-affiliated" Admins! Baoliao Commune Suddenly Deactivates, and He Explains
• Pocket Guide to Legislative Amendments on Sexually Intimate Images

Contact Person

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