萬國法律事務所

Taiwan's Judicial Yuan Interpretation No. 689 is the result of a dispute wherein the constitutionality of Article 89(2) of the Social Order Maintenance Law was questioned.  A news reporter had been pursuing a famous model and her fiance in order to take photographs that would serve as news material regarding their marriage.  This disturbed the couple and they eventually complained to the police.  After an investigation, the Taipei City Police Department imposed a fine on the reporter in the amount of NT$1,500 in accordance with Arcle 89(2) of the Social Order Maintenance Law.  The reporter filed an objection to the Taipei District Court, but the objection was denied.  The reporter then petitioned to the Constitutional Court for a constitutional interpretation, claiming that Article 89(2) of the Social Order Maintenance Law infringed his constitutional right to work and the freedom of the press. 

In response to the petition, the Judicial Yuan made the following rulings:

1. Article 89(2) of the Social Order Maintenance which allows fines to be imposed on unjustified pursuit that continues after dissuasion is not unconstitutional;

2. Article 89(2) of the Social Order Maintenance Law provides a means of protecting certain constitutional rights, including freedom of movement, tight to be free from any physical or mental harm, personal data autonomy and reasonable expectation of freedom from offenses committed at public places; and

3. If a news reporter pursues a person for the purpose of providing news-worthy information to the public or promoting discussions regarding public affairs, such act shall be protected under the protection of freedom of press, and Article 89(2) of the Social Order Maintenance Law shall not apply to such legitimate action.