High Court Upheld Program Ratings as Reasonable Restrictions on Freedom of Speech

The High Court in a recent decision affirms that manner in which news is communicated to the public may be regulated when such restrictions are reasonable. The purpose of such restrictions according to the court is to protect individual reputation, privacy and public interest. In the matter of news reporting, although the freedom of press permits a journalist to do a report based on the fact, the images being broadcasted should conform to the regulations concerning program ratings. In accordance with Taiwan's regulations on program ratings, the images of news broadcast should conform to the rating of "general audience," which purports to be viewed by all ages. In the same decision, the court indicates that news broadcast is not pre-vetted by the authorities in Taiwan; as a consequence, the media should exercise caution and be responsible not to abuse their right to freedom of press and freedom of speech. It is clear that the court differentiates the reporting of news and the broadcast of actual images, which are not one and the same.