萬國法律事務所

While certain political activities are already defined as illegal in the Criminal Code, the Assembly and Parade Act (集會遊行法), the Presidential and Vice Presidential Election and Recall Act (總統副總統選舉罷免法), and the Civil Servants Election and Recall Act (公職人員選舉罷免法), the Anti-infiltration Act stipulates the sanctions imposed on individuals who violate those laws under instruction, engagement, or sponsorship from infiltration sources.

A person who violates the Anti-infiltration Act is subject to imprisonment of up to five years, or in addition thereto, a criminal fine of up to NT$ 10,000,000.

Moreover, people who are influenced by infiltration sources and conduct illegal lobbying can be fined an amount ranging from NT$ 500,000 to NT$ 5 million; and if such lobbying is directed at national security issues, such as national defense, diplomacy, and or cross-strait affairs, the punishment is a maximum of three years in prison or a fine of up to NT$ 5 million.

Chinese infiltration of Taiwan through the media is not yet regulated by the Anti-infiltration Act. Officials point out that such regulation is more complicated if the “anti-red media” is incorporated into the Anti-infiltration Act. As such, the Radio and Television Act, the Cable Radio and Television Act, and the Satellite Broadcasting Act can be applied to regulate certain related issues.

During the process of deliberating on and passing the Anti-infiltration Act, the administrative departments also held long-term discussions with the public. However, those departments must respect the new composition of the Legislative Yuan, and consult further opinions from experts, scholars, and media authorities to ensure good social communication regarding the issues.