Police Misconduct & Breach of Investigation Confidentiality

Love and Iron Blood Series

The police "citizen media" that forces people to star in it—you and I could become the next victims.

In an era where anyone can be a director, internet celebrities and YouTubers all use videos to market themselves. But have you ever thought that one day, you might unknowingly become the main character of a popular short video?

"Love and Iron Blood" is a series of short films launched by the Kaohsiung City Police Department. The content is mostly edited from footage captured by body-worn cameras ("bodycams") worn by police officers. Their view counts have repeatedly broken the million mark, shaping a brave and fearless positive image for frontline police officers, and precinct divisions everywhere have rushed to follow suit. However, we cannot help but question whether such use is truly without problems.

First, the police have previously stated in interviews ^[1] that the main purposes of police using body-worn cameras should be to "gather evidence," "allow police officers to protect themselves," and "review whether there are any negligence in the law enforcement process." Moreover, according to the relevant Guidelines for the Preservation and Management of Audio and Video Materials issued by the Ministry of Interior ^[2], such footage cannot actually be arbitrarily disclosed, let alone edited, post-produced, and uploaded online for the general public to watch, let alone coupled with teasing text to mock the parties in the video.

Second, the "reward system" associated with the release of related videos and posts is also one of the reasons causing police officers to disregard relevant management guidelines and the principle of non-disclosure of investigations. As long as the reward system does not disappear, and police commanders' mindset of using videos to enhance the image of police agencies does not change, it will be difficult to eradicate the leakage of investigative videos in violation of non-disclosure.

Furthermore, videos captured by body-worn cameras are usually edited, and what the public receives may only be fragmented information rather than the full picture of the event, easily leading to stigmatization and prejudgment. Moreover, crimes have many backgrounds and causes, and the law also has special protective provisions for special offenders such as juveniles and persons with physical and mental disabilities, none of which can be seen in the videos.

We demand that the police immediately cease such actions that violate the non-disclosure of investigations, and stop treating people as promotional goods to enhance their image. Even if people commit crimes, there is no need for them to be subjected to such media public trials. We also appeal here that if any citizens suffer damage caused by the police, prosecutors, or investigators violating the non-disclosure of investigations, they can file a complaint with the JRF.

• Appendix I: "Guidelines for the Preservation and Management of Body-Worn Cameras and Audio-Visual Materials Used by Police Agencies in the Performance of Duties"
• Appendix II: "Guidelines for the Preservation and Management of Dashcams and Audio-Visual Materials Used in Police Vehicles"

Mama Mouth Case — Lü Ping-hung

In the "Mama Mouth case" that occurred in 2013, Lü Ping-hung was falsely accused by a defendant as an accomplice during the investigation. On March 6, 2013, the prosecutors heavily raided the Mama Mouth Café he operated, which was extensively reported by the media. Although it was later ascertained that the crime was committed by the defendant alone and Lü Ping-hung received a final disposition of non-prosecution, Lü's physical health broke down due to frequent running back and forth through judicial procedures and psychological pressure.

After the incident, because police and prosecutors leaked investigative secrets, falsely accusing Lü Ping-hung of being a murderer and even calling his café the "Dragon Gate Inn," the café's Facebook fan page was flooded with 20,000 netizen comments. The café's operations ran into trouble, and to this day he is still labeled a "murderer." A photo of him handcuffed is still circulating on the internet, causing a serious insult to his personality. Years later, walking on the street, passersby still point at him and question him to his face: "Isn't that Lü Ping-hung from Mama Mouth? Wasn't he locked up for murder, why is he released?" This has caused Lü to still not dare walk side by side with his family on the street to this day. Finding the public pointing unbearable, his family still asks Lü to wear a hat and sunglasses in disguise when going out to avoid being recognized, greatly disrupting his life.

Bungled Spy Case — Kuo Mei-lan

On February 10, 2014, Kuo Mei-lan, a former reporter at the Cross-Strait News Center of the Central News Agency, was preparing to go to Fo Guang University in Jiaoxi, Yilan, to collect her master's degree certificate from the Department of Communication. However, that morning, Investigation Bureau and local police personnel appeared at the entrance of her residence demanding a search. When Kuo asked to make a phone call to ask her advisor for leave, she was repeatedly instructed by the Investigation Bureau to abide by the non-disclosure of investigations and not mention the fact that she was under investigation to her professor. After the search, the Investigation Bureau detained Kuo to her case.

However, what is puzzling is that while Investigation Bureau personnel repeatedly emphasized to Kuo Mei-lan that investigative intelligence could not be leaked, this search began to be extensively reported by major news media outlets starting at noon that very day. The reports even pointed out that prosecutors had grasped solid criminal evidence and that Kuo had committed a crime punishable by imprisonment of five years or more, making prison time unavoidable. Even while Kuo, as the party involved, was undergoing isolated interrogation, unable to contact the outside world, and still unclear about the exact crime she was allegedly involved in, the reports labeled Kuo a "communist spy," "violating the National Security Act," "luring investigators with money," "coopting investigators," and "gathering intelligence for the Chinese Communists." The next day, media outlets even ran front-page reports on her involvement and published Kuo's frontal photo. If the prosecution and investigation agencies had not leaked the information, it would have been impossible for the media to know.

Although this case was later proven to be a blunder under the prosecutor's investigation and resulted in a final disposition of non-prosecution by the prosecutor on December 9, 2014, under the influence of extensive media coverage, Kuo Mei-lan subsequently faced repeated obstacles in job hunting due to her identity in the "bungled spy case." No newspaper agency was willing to hire her after the incident, and she was even forced to change her name to "Kuo Hsiao-lan" to find work. Forced to endure immense psychological pressure and unable to find a full-time job because she frequently had to appear in court after the incident, her finances fell into crisis, and she relied on financial relief from her mother to get by. The crude investigation process and intentionally leaked investigative secrets in this case caused severe damage to Kuo Mei-lan's reputation, right to work, and mental health.