Weighing The Pros and Cons of Taiwan’s New Stalking and Harassment Prevention Act
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This article is part of the 32nd issue of LEAP — Voices of Youth e-letter. Subscribe now.
“No matter what I do, I’ll be arrested!” “If I cannot ask anyone out, how can I get married? Idiots!” “See you in court, fellow infatuated otakus!”
After the passage of the Stalking and Harassment Prevention Acton November 19, 2021, social media erupted with complaints along with misogynistic comments. Some people argued that the upcoming Act placed excessive restrictions on courting behaviors in daily life.
While the Act provides a legal basis for prosecuting stalking and harassment cases, over 8000 of which are reported each year, the passing of the draft was controversial, triggering public criticism even from women’s groups. When it comes to dealing with the endless cases of harassment, what still needs to be added to the Act, which is on its way to becoming law? What other efforts can Taiwan make, and in what directions?
Do Stalking and Harassment Always Have Something to Do with “Sex and Gender?”
“Once the law is limited to cases related to sex and gender, many cases become hard to define. In a past case, a department store employee was harassed, but the harassment was not related to sex or gender,” lamented Kai-Chiang Chang, the Secretary General of the Women in Digital Initiative.
“Sex and gender” are the required factors specified by the Act. Specifically, even if people are harassed, then only if the harassment is identified as gender-based harassment can the police pursue a violation of the Act. However, in the past, excluding stalking, harassment, and violence by abusive lovers, many cases were not based on gender or relationships at all — they were incidents of sheer intimidation and harassment.
“I once dealt with a case in which the person kept receiving silent phone calls (from the suitor). In the end, they turned out to be from the suitor’s partner. It is hard to define whether this case was related to sex and gender,” stated Chang.
＊Note: The Women in Digital Initiative was established in 2020. Its goal is to prevent digital sexual violence. It also concerns gender issues and harassment behaviors in digital media.
Other countries have established similar laws. In the United States, the Model Anti-stalking Code for States was implemented approximately 30 years ago to prohibit threatening behavior in any form, whether the harassment occurs online or in real life. In the United Kingdom, the Protection from Harassment Act defines two or more incidents of harassment as a criminal offense. In Germany, persistently probing into another person’s life and threatening their family is a criminal offense.
Chang stated that only Japan and Taiwan have specified sex and gender as the basis for limiting harassment. “This is an extremely rare approach,” said Chang. The new law seems to have equated “stalking and harassment” with “sexual harassment,” and it limits the scope of control to “inappropriate or excessive courtship behaviors.” Regarding this point, the government has responded that the police have limited human resources.
Whether the Act Can Be Helpful for Deterring Digital Stalking Remains Unknown
In this era of the ubiquitous internet and digital tools, then in addition to stalking and harassment in real life, such behaviors in the digital world should also be regulated. As Chang noted, “Digital stalking and harassment are really common.”
The Modern Women’s Foundation, which has long focused on gender violence in Taiwan, conducted a survey in 2019. The results revealed that in Taiwan, one in four people has been a victim of digital stalking or harassment, with nearly 80% being women. Clearly, with the progress and spread of digital products, the law should keep up with the times. “In the past, anonymously defaming people on the internet incurred only a light punishment, so it was difficult to ask the police to dig up any data,” said Chang. However, as Chang stated, the Act now regulates harassment on devices, such as telephones, electronic communications, and the internet, so it is a huge step in the right direction. Still, the long-term effects remain to be seen.
People are harassed not just on online platforms either. Digital gadgets can also be used as tools for tracing one’s movements. In one famous case in the United States, a guy used the AirTag to stalk a model. In addition, Chang stated that the cell phone application “Zenly,” which was designed for couples, family members, and friends to track each other’s whereabouts, could be used for stalking and harassment. Even though the present Stalking and Harassment Prevention Act includes online harassment, enforcing it will be difficult.
Supporting Measures For The Act Should Be Implemented In Basic Education
Though the Act will be officially implemented in June 2022, how well prepared are the public and government organizations?
Chang maintained that although the Act affords greater protection, the National Police Agency of the Ministry of the Interior should engage with the public to increase understanding into how to seek help from the police. In the meantime, more relevant educational measures should be implemented on campuses and in every level of education to ensure that the regulations and educational objectives are well matched.
Many people are concerned that the definition of “inappropriate courtship behaviors” will be overly expanded to prohibit any form of flirtation, which would expose all suitors in courtships to prosecution. The government will face the dilemma of trying to protect victims without disrupting normal dating behaviors. If the government fails to communicate well with the public and conduct effective education, this law may be hobbled from the outset.
The Stalking and Harassment Prevention Act will come into effect soon. However, in addition to regulating abusive behaviors in intimate relationships through the expansion of the scope of regulations, the government should also listen to the voices of civil groups, and eliminate sex and gender as the defining features of such behaviors. Also, as the digital era continues, the public should also be equally protected when they use communication software and media so that both virtual and physical harassment are met with a rapid response.
Also in This Issue:
Protecting Against Stalking and Harassment: The Upcoming Stalking and Harassment Prevention Act
Taiwan finally had its Stalking Prevention Act passed, which many hope to protect the victims and deter the stalkers all at once.
Author : Evelyn Yang
Freelance writer / Graduate student in Journalism
