Court Observation Recruitment | Risu Civil Appeal Case | Following the Wave of Reporting Risu Intimate Image Groups... (First Preparation Proceedings)

Sued for defamation and civil damages simply for speaking out against non-consensual intimate images?

Those who care about the #MeToo movement and the issue of intimate images probably still remember when the incident involving the dissemination of non-consensual intimate images in Facebook's "RISU" groups broke out last year, triggering a wave of reporting campaigns. Half a year later, thanks to public mobilization, these groups finally ceased the dissemination of intimate images.

However, during this wave of public discussion and mobilization, someone unfortunately became embroiled in litigation. Although convicted in the first instance and facing a civil loss, he successfully secured a verdict of not guilty upon appeal in the second instance. Nevertheless, he continues to be harassed by civil claims for damages, meaning we are still a mile away from the true realization of "freedom of speech."

Case Background

In May 2023, the Taiwan Digital Power Women Alliance (g0v/WiTEC) first initiated a reporting campaign against RISU. Subsequently, activist Wang Ying-ta responded to the reporting action and began reporting the groups. However, as the number of reports accumulated, Wang suspected that the administrators of the RISU groups overlapped with those of the Baoxie (Bao-liao Commune) groups, and even believed that some administrators were involved in both simultaneously, collectively known as the "Bao-Series Administrators."

On June 3, 2023, Wang Ying-ta posted on Facebook: "I went through and reported the Risu groups currently searchable on Facebook one by one, and found that one of the administrators for several of these groups is the fan account named 'Bao-Series Administrator.' Upon checking, it turns out to be Bao-liao Commune! Could the internet company Bao-liao Commune actually be directly operating or assisting in the shady business of circulating leaked private videos like Risu? Absolutely shameful!"

Consequently, Bao-liao Commune Co., Ltd. filed a criminal complaint for defamation and a civil suit for damages against Wang Ying-ta. The Prosecutors Office subsequently held a single investigative hearing and indicted him within a month. Ultimately, Wang was convicted of aggravated defamation in the first instance and sentenced to 50 days of detention (commutable to a fine). Over the past year, due to criminal procedural requirements, Wang was forced to appear in court, which disrupted his work schedule and family life. Perhaps, to the first-instance court, Wang was convicted of aggravated defamation merely because of recklessness and a failure to fulfill a certain degree of verification obligation.

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

To foster a healthy speech environment for civil society, our Foundation calls upon the judicial system to view the public-interest value of an actor's expression more fairly, allowing the right to reputation to yield reasonably to a certain extent, and we stand alongside pro bono lawyers to fight for an acquittal in the second instance.

Court Observation Time

Currently, only the civil proceedings remain in the case brought by Bao-liao Commune Co., Ltd. against Wang Ying-ta, as an acquittal has already been secured in the criminal second-instance court. The next hearing is scheduled for February 19 at 2:15 PM. The Judicial Reform Foundation and the Taiwan Digital Power Women Alliance will continue to dispatch personnel to conduct a court observation action. We warmly invite partners who care about Ying-ta or wish to learn more about related issues to attend and offer their support and encouragement to Ying-ta! After the hearing, the defense attorneys for this case will also hold a discussion and exchange with everyone.

Q: What are Strategic Lawsuits Against Public Participation (SLAPPs)?

"Strategic Lawsuits Against Public Participation" (SLAPPs) refers to the practice of opposing or challenging efforts to influence legal proceedings through public opinion, social pressure, or public views. 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 judicial remedy, but in the judicial harassment of critics. Legally speaking, litigation 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 Intimate Image Groups..." — Joint Statement by Civil Groups on the First-Instance Verdict of the Risu Defamation Lawsuit
• Li Ling-wei & Chang Yu-cheng / How to Expose Things Online Without Committing a Crime? Which Matters More: The Right to Reputation or Freedom of Speech?
• Mirror Media / Netizens Catch RISU Group Administrator Also Serving in "Bao-Series"! Bao-liao Commune Suddenly Suspends Operation, Explanation Offered
• Pocket Guide to Amendments on Intimate Images

Contact Person

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