萬國法律事務所

On October 18, 2022, The Taipei Women's Rescue Foundation, The Judicial Reform Foundation, The Garden of Hope Foundation, and other advocates held a press conference, along with members of the Legislative Yuan, pointing out that the Executive Yuan’s several drafts amendments regarding putting an end to digital sexual violence are insufficient and urging the modification of the drafts.  
 
The Executive Yuan proposed amendments to the Criminal Code of the Republic of China, the Child and Youth Sexual Exploitation Prevention Act (兒童及少年性剝削防制條例), the Crime Victim Protection Act (犯罪被害人保護法), and the Sexual Assault Crime Prevention Act (性侵害犯罪防治法) in March this year to stop the leakage of sexually intimate videos. The civil societies believe that there are three major flaws in the relevant amendments, including insufficient regulation of the type of crime, the failure to remove the videos immediately, and the inability to control overseas videos.
 
According to the statistics of The Taipei Women's Rescue Foundation, 60% of sexually intimate videos are filmed with the victims’ consent (including flawed consent). Advocates argue that “threatening to spread sexually intimate videos taken voluntarily” should be criminalized under the new amendments.
 
In order to provide timely protection for victims, civil societies argue that a 24-hour time limit for removal of videos should be specified in the drafts. As to the control of overseas videos, they suggest to incorporate “protection order” mechanism, whereby the court may timely demand offenders to submit, delete, destroy or remove uploaded sexually intimate videos.