Chairperson’s Preface Freedom of speech is the bedrock of democracy and the dividing line between progressive or backward civil society. Freedom of speech represents not only spoken words, publications, and written words, but more importantly, the liberation of the thoughts and ideas they represent. After World War II, with the formation and operation of the United Nations, safeguarding freedom and human rights became the direction of the international community. Taiwan, however, turned away from international trends, falling under martial law for 38 long years, from 1949 until 1987. During these dark times for human rights, lasting nearly half a century, we are grateful for having trailblazers that defended the weak but resilient budding flames of democracy in Taiwan with their lives. Particularly in the 1950s, as local elites outside the ruling Kuomintang (KMT, or Chinese Nationalist Party) fought in local elections, Mr. Lei Chen, Professor Yin Hai-kuang, and my mentor, Professor Fu Cheng, were fighting to light the path to democracy in Taiwan with the bimonthly periodical Free China. Free China was forced to shut down in September 1960. For Taiwan, the 1960s was a period of suppressed ideas and speech, but those who carried the torch of Free China and the Tangwai (“outside the party”) movement never stopped fighting for freedom and democracy. In the 1970s, as Taiwan lost its seat in the UN and the US broke off diplomatic relations with Taiwan, activists continued striving to free Taiwan from the fate of becoming the “orphan of Asia”, producing brilliant yet short-lived periodicals like Taiwan Political Theory and Formosa Magazine. The Kaohsiung incident, also known as the Formosa incident or Meilidao incident, was a human rights incident that drew international attention. It also became the watershed of the Taiwan democratization movements, culminating in the wave of unstoppable street protests and calls for democracy in the 1980s. Although the authoritarian regime was forced to lift the martial law in 1987, laws like the Temporary Provisions Effective During the Period of Communist Rebellion, Betrayers Punishment Act, and Article 100 of the Criminal Code were still an insidious force lurking beneath the surface, ready to do harm. Mr. Cheng Nan-jung gave his life fighting for absolute freedom of speech in Taiwan and protesting against the draconian laws of authoritarianism. His sacrifice accelerated Taiwan’s path to freedom and democracy, brightening the future of Taiwan. With the abolishment of the Betrayers Punishment Act in 1991 and amendment of Article 100 of the Criminal Code in 1992, the people of Taiwan finally won complete freedom of speech. Looking back, the road to this point was paved with blood and tears. With the deepening of democracy in Tai- wan came the strengthening of human rights. 2000 marked Taiwan’s first peaceful transition of power between political parties. The push to form the National Human Rights Commission and the ratification of the International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights were finally put on the political agenda. After 20 years, we were finally able to overcome all obstacles and establish the National Human Rights Commission, an important step for human rights in Taiwan to fall in line with international standards. Freedom, democracy, and human rights are hard won, and freedom of speech is the top human rights indicator as well as the bedrock of democracy. From “a stream blocked by countless mountains” to “a river roaring in front of the village”, it took over 70 years for us to get this far. We need to remember how hard won this freedom is, and all the difficulties along the way. Nowadays, the Internet era poses new challenges to freedom of speech. It is true that freedom, equality, and dignity are the cornerstone of human rights protection. Therefore, the protection of freedom of speech does not include defamation, humiliation, fraud, intimidation, exposure of other’s privacy, and other actions that infringe on the human rights of others. Article 19 of the UN’s International Covenant on Civil and Political Rights clearly specifies the rights and obligations of freedom of speech. Article 20 also legally forbids actions that abuse freedom of speech, such as the incitement of war, hatred, and discrimination. Particularly, with the rapid development of online communities and self-media, democratic countries that protect free speech become more vulnerable to disinformation that undermines democracy and intensifies social division and antagonism. Finding a way to identify, handle, and reflect on these information in order to make proper responses and adjustments will be the upcoming challenge that the new generation must face to defend human rights. The compilation of this book aims to examine Taiwan’s fight for freedom of speech based on the context of international covenants, comparing the two in order to better understand the history of freedom, democracy, and human rights in Taiwan; and prompt readers to value and cherish the efforts of those who fought for democracy over the decades, to keep them in mind, and to remain thoughtful, discerning, and resolute in action. National Human Rights Commission Chairperson Chen Chu November 2021