Amendments to the law on sexual exploitation of children create legislative basis

Taipei, July 13 (CNA) — Taiwan’s Legislative Yuan on Friday approved amendments to the law preventing sexual exploitation of children and adolescents, increasing prison sentences to up to seven years for those who pay to view sexually explicit images involving minors.

The recently passed amendments to the law stipulate that anyone who pays to view sexually explicit images of children or young people can be punished with a prison sentence of between one and seven years and a fine of up to NT$1 million (US$30,769).

Currently, the law only provides for a prison sentence of up to one year or a fine of between NT$30,000 and NT$300,000.

The changes mean that convicts can no longer avoid a prison sentence by simply paying a fine.

In addition, the current law provides for prison sentences of between one and seven years for anyone who films or produces sexual images or videos of children or adolescents, or drawings, audio recordings or other sexually explicit items of children or adolescents. Violators face a fine of up to NT$1 million.

The newly amended law now also applies to people who are in possession of images of a sexual nature of children and young people without legitimate reason. These people face a prison sentence of up to three years and a fine of between NT$60,000 and NT$600,000.

The recently passed legal reform stipulates that persons who download or copy sexual images of children and adolescents without legitimate reason can be fined between NT$100,000 and NT$1 million and sentenced to up to seven years in prison.

The harsher sentences were imposed after TV host Mickey Huang (黃子佼) recently avoided prosecution for possessing sexually explicit videos involving minors by paying a fine. He was granted two years’ probation in April.

The postponement of the indictment against Huang sparked an outcry and calls to close loopholes in the current law to better protect children and young people from sexual exploitation.

The Taipei District Prosecutors’ Office filed charges against Huang in May after the Taiwanese Attorney General’s Office found deficiencies in its initial investigation and returned the case for further investigation.

To reassure the public, the Legislative Yuan’s Committee on Social Affairs, Healthcare and Environment reviewed amendments to the law proposed by the Ministry of Health and Welfare (MOHW) on April 29 and May 1, before government and opposition lawmakers began negotiations on the amendments in mid-June.

The changes were passed on Friday evening.

In addition to tougher penalties for violators, the amendments also require the MOHW to use technical assistance provided by the Ministry of Digital Affairs (MODA) to investigate possible online violations in order to better protect minors. At the same time, digital business operators cannot refuse or evade MOHW investigations.

The changes take into account the speed at which images spread online and require the Ministry of Health to either set up a working group or commission the private sector to set up an organisation to quickly address sexual images of minors and ask website operators to remove them or impose restrictions.

According to the amendments, the MOHW working group or the organization appointed by the MOHW will receive complaints from victims and provide them with counseling services.

In order to prevent the spread of sexual images of children and young people and to speed up the investigation of crimes in today’s Internet age, the amendments to the law also require the police to set up a digital image data centre.

If website operators suspect a possible violation related to child pornography based on information from the MOHW and other relevant authorities, they should restrict viewing by the public or remove those images within 24 hours, the amendments say.

If the MOHW Task Force and the Ministry-appointed organisation become aware of a suspected crime related to child and youth pornography, they should inform the operators of the relevant websites, the police and the MOHW as soon as possible.

Under the changes, high schools and schools for younger children will be required to offer at least two hours of classes each semester to educate students on how to avoid becoming victims of sexual exploitation.

In addition, schools and preschools at all levels should offer training to raise awareness of the protection of children and young people from sexual exploitation, the amendments say.

The changes also require judicial and police staff to increase their knowledge of protecting minors from sexual exploitation.