With the rise and rapid development of the internet, the boundaries of freedom of speech frequently become a focal point of controversy, especially on social media, where heated debates and malicious attacks are not uncommon. Recently, a so-called "public insult compensation price list" has been circulating online, listing potential compensation amounts for various insulting statements. This has sparked widespread public discussion. With the extensive use of social media, many internet users have become accustomed to attacking others through malicious comments or spreading false rumors. However, could such actions constitute a violation of the law? What legal liabilities might one face for spreading false rumors or engaging in public insults online?

This article focuses on the legal requirements and practical standards for the crime of public insult. It further compares public insult with defamation, helping readers better understand the legal boundaries of online behavior and avoid legal disputes caused by impulsive actions.

What is Public Insult?

The crime of public insult, as outlined in the Criminal Code, is designed to protect individual reputation by prohibiting publicly conducted behavior that damages dignity or personal character. According to Article 309, Paragraph 1 of the Criminal Code: “Anyone who publicly insults another person shall be subject to detention or a fine not exceeding NT$9,000.” If the behavior involves the use of violence, such as spitting on someone, dumping waste, or spray-painting someone’s residence, penalties can be enhanced under Paragraph 2 of the same article, with imprisonment of up to one year, detention, or a fine not exceeding NT$15,000.

Three Key Elements for Establishing Public Insult

According to the Criminal Code and related legal precedents, three elements must be met for the crime of public insult to be established:

1. The Behavior Must Be "Publicly" Conducted:

To establish public insult, the behavior must occur in a setting where it can be seen or heard by an unspecified or large number of people, such as a park, café, or even an online social platform. Courts do not require that multiple people actually witnessed or heard the act at the time it occurred; the setting itself must allow for the possibility. For example, shouting insults at someone on the street, even if no one else hears, fulfills the requirement of "public" conduct. Similarly, publicly posted comments or messages on social media, even if viewed by only a few, may meet this criterion. Conversely, insults made in a private residence, where the general public cannot freely enter, do not meet the standard of public behavior.

2. The Behavior Must Have an "Insulting" Nature:

Insulting behavior refers to actions or words that a situation where the victim feels offended or disrespected. This includes using vulgar slurs, such as "idiot" or "jerk," or gestures like flipping someone off or spitting. Unlike defamation, which requires pointing out specific facts, public insult is characterized by abstract, fact-free disparagement or ridicule. For instance, accusing someone of being corrupt or having an illicit affair may fall under defamation, whereas calling someone a generic insult would constitute public insult.

3. The Victim Must Be a Legal "Person":

Victims of public insult must qualify as legal "persons," which includes not only living individuals but also legal entities such as companies, associations, and other non-legal organizations (e.g., temples or churches). For example, maliciously labeling a company as unethical online could constitute a public insult to a legal entity. It’s important to note that since the law only protects the reputations of persons, insults directed at animals or objects, such as calling a dog worthless, cannot constitute public insult.

Public Insult vs. Defamation: Key Differences

In addition to public insult under Article 309 of the Criminal Code, defamation is addressed under Article 310. Article 310, Paragraph 1 states: “Anyone who intends to spread information among the public by pointing out or transmitting statements that damage another person’s reputation shall be guilty of defamation.” Paragraph 3 further states: “If the defamatory statement can be proven true, no punishment shall be imposed. However, if it pertains to private matters unrelated to public interest, this exception does not apply.”

While both public insult and defamation fall under the chapter on "crimes against reputation" in the Criminal Code, they have distinct legal definitions and requirements for establishment. Below is a summary table comparing the two offenses:

From the table, we can deduce that the crime of public insult focuses more on the harm to personal dignity, while defamation emphasizes the damage to one's reputation. In practical judgments, the appropriate charge should be determined based on the nature, content, and scope of the perpetrator's actions.

Legal Boundaries of Online Behavior: Respect and Compliance Go Hand in Hand

The rapid rise of the internet has provided more opportunities for people to express their opinions but has also introduced corresponding legal risks. While the law protects freedom of speech, individuals should exercise caution in their words, avoiding insulting or defamatory statements made in the heat of the moment to steer clear of legal disputes.

If one's reputation is damaged by malicious remarks, it is essential to stand up and defend one's rights through legal means, seeking the assistance of a professional lawyer to protect personal reputation effectively. In this era of fast information flow, understanding the legal boundaries of online behavior is crucial to avoiding conflicts and fostering a harmonious environment for public discourse.
 

>Consult Now