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Public Insult vs. Defamation

In Taiwan, defamation and public insult are two distinct legal concepts.

Defamation, also known as libel or slander, is a civil and criminal offense that involves making false and damaging statements about another person or entity. Under Taiwan’s Civil Code and Criminal Code, a person who spreads false information about another person or entity with the intent to harm their reputation or interests may be held liable for defamation. Defamation can be either a civil offense, where the injured party seeks compensation for damages, or a criminal offense, where the defendant may face fines or imprisonment.

Public insult, on the other hand, is a criminal offense under Taiwan’s Criminal Code. Public insult involves publicly insulting or defaming someone, without the intent to harm their reputation, but with the intention to humiliate or embarrass them. Public insult is generally considered a less serious offense than defamation, as it does not involve making false statements about someone. However, it is still considered a criminal offense and carries a penalty of a fine or imprisonment for up to one year.

To summarize, the key difference between defamation and public insult in Taiwan is that defamation involves making false and damaging statements about someone, while public insult involves publicly insulting or defaming someone with the intention to humiliate or embarrass them, but without making false statements.

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