National Security Act Amendment Prohibiting Public Incitement to War Against Taiwan Fails to Reach Consensus, Review Postponed

Taiwan's Legislative Yuan Interior Committee debated an amendment to the National Security Act aimed at prohibiting public incitement to war against Taiwan. However, due to concerns from opposition legislators regarding freedom of speech, no consensus was reached, and the review was postponed.
その他NQ 0/100出典:PR Times

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  • 📰 Published: April 30, 2026 at 16:08
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Central News Agency

(Central News Agency reporter Wang Cheng-chung, Taipei, 30th) The Legislative Yuan's Interior Committee today reviewed a partial amendment draft of the National Security Act, which concerns prohibiting anyone from publicly inciting war against Taiwan. Opposition legislators questioned whether the amendment might suppress freedom of speech. Deputy Minister of the Interior Wu Tang-an stated that expressing opinions in non-public groups would not be penalized. As no consensus could be reached between the ruling and opposition parties, the committee chair, DPP convener Lee Po-yi, announced that the review would be rescheduled.

The Executive Yuan passed a partial amendment draft of the National Security Act on December 18 last year. Article 4 stipulates that no one shall, by text, drawing, sound, speech, image, electromagnetic record, or other means, publicly incite, advocate, or support foreign countries, mainland China, Hong Kong, Macau, or hostile external forces to launch a war or take non-peaceful means to eliminate the sovereignty of the Republic of China. If identified by the Ministry of the Interior in consultation with the Ministry of Justice, the Mainland Affairs Council, and relevant agencies, violators will be fined not less than NT$100,000 and not more than NT$1,000,000.

Today, the Legislative Yuan's Interior Committee proceeded with a clause-by-clause review of the National Security Act. Deputy Minister Wu Tang-an of the Ministry of the Interior and Deputy Minister Liang Wen-chieh of the Mainland Affairs Council, among others, attended the meeting.

Regarding the key articles of the Executive Yuan's version, including adding illegal forms of participating in organizations and increasing formal and adaptive criminal requirements that are sufficient to endanger national security or social stability for developing and participating in organizations, as well as adding administrative penalties for inciting war speech, no consensus could be reached among legislators from both parties and administrative agencies.

Non-partisan legislator Kao Chin Su-mei stated that this entrusts the administrative department with determining people's political speech. While conviction is decided by the courts, the administrative department can directly impose administrative penalties before a court judgment, which is an excessive expansion of power. Even if the people ultimately win the case, they will already be physically and mentally exhausted. She believes that administrative power should not override judicial power and that such articles should not appear.

DPP legislator Huang Chieh said that the Executive Yuan's draft text is very clear, and South Korea's National Security Act also has similar provisions. Germany, Finland, South Korea, and other countries have established relevant legal provisions in line with international conventions and the international consensus to prohibit incitement to war through law. This is a defensive democracy amendment to protect democratic freedom and national security, but KMT legislators believe it suppresses freedom of speech.

Wu Tang-an pointed out that the Executive Yuan's draft is very clear, targeting individuals who publicly incite or advocate for hostile external forces to launch a war against the Republic of China or take non-peaceful means to eliminate the sovereignty of the Republic of China. This part is very clear; as long as public speech falls into this category, it will be bound by this article.

Wu Tang-an stated that personal opinions or expressions about policies, if made in one-on-one or small group settings, are not considered public and thus not subject to this regulation. The amendment targets public groups and platforms and restricts the transmission of such messages. Furthermore, penalties are not to be decided solely by the Ministry of the Interior but require consultation with the Ministry of Justice, the Mainland Affairs Council, and the Ministry of Digital Affairs.

After two hours of discussion, legislators from both parties and administrative departments could not reach a consensus. The committee chair, rotation convener Lee Po-yi of the DPP, announced that due to differing opinions, the disputed articles would be reserved, and un-discussed articles would be reviewed at a later date. (Editor: Wan Shu-chang) 1150430

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