What you should know about cyber harassment

What you should know about cyber harassment:

All students need to be aware your statements or the words you use on cyber medias such as Line, Facebook or other Chatroom APP since all the words you have used or made can be regulated by the laws in Taiwan. Should your statement or speech on cyber have caused damage to other’s reputation, you may have violated the Article 310 of Criminal Code of the Republic of Taiwan and can be fined not more than five thousand yuan or even be sentenced short-term imprisonment .

 

Please be advised that harassing others by sending/posting obscene and malicious texts or graphics online is prohibited. Mutual respect is essential in the virtual world, even you are posting anonymously. Discrimination against specific gender, identity, characteristics, or orientation is prohibited as well.

 

Were you managing a blog, any form of social media, or a discussion forum, you are liable for the consequences that may be a concern of unwanted remarks and an insult. You are held accountable for what you post and send online.

Any incident regarding sexual assault, sexual harassment, or sexual bullying reported in media will be proceeded by the Committee based on Regulations on the Prevention of Sexual Assault, Sexual Harassment, and Sexual Bullying on Campus.

 

Sexual harassment is against the law in Taiwan. It is defined in the contents of the following laws.

1.     Criminal Code of the Republic of China

Article 309    A person who publicly insults another shall be sentenced to short-term imprisonment or a fine of not more than three hundred yuan.

A person who by violence commits an offense specified in the preceding paragraph shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than five hundred yuan.

 

Article 310    A person who points out or disseminates a fact which will injure the reputation of another for purpose that it be communicated to the pubic commits the offense of slander and shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than five hundred yuan.

A person who by circulating a writing or drawing commits an offense specified in the preceding paragraph shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than one thousand yuan.

A person who can prove the truth of the defamatory fact shall not be punished for the offense of defamation unless the fact concerns private life and is of no public concern.

 

2.     Sexual Harassment Prevention Act

Article 2    Excluding sexual assault crimes, the so-called sexual harassment in the Act refers to the sexual statements or sexual behavior violating another person's wishes and also to the following situations:

A. If a person's obedience to or rejection of another's sexual advances become a condition of obtaining, losing or reducing their rights and interests in work, education, training, services, plans or activities.

B. If texts, pictures, voices, images or other objects are used to inundate or intimidate; or if languages and behaviors of discrimination, and insults or other methods are adopted. – For such reasons, the other's person's dignity of character is impaired. Or if another person feels scared, feels disliked with hostility or feels offended ; or if another persons' work, education, training, services, plans, activities or other normal habits are improperly influenced.

 

3.     Gender Equity Education Act

Article 2    The following terms that appear in this Act are hereby defined:

1. Gender equity education: to generate respect for gender diversity, eliminate gender discrimination and promote substantive gender equality through education.

2. School: public and private schools of all levels.

3. Sexual assault: any sexual offense defined by the Sexual Assault Prevention Act.

4. Sexual harassment: cases described by the following and do not constitute as sexual assaults:

i) Unwelcome remarks or conducts that carry explicitly or implicitly a sexual or gender discriminating connotation and thereby adversely affect the other party’s human dignity, or the opportunity or performance of her or his learning or work.

ii) A conduct of sexual or gendered nature that is served as the condition for oneself or others to gain or lose rights or interests in learning or work.

5. Sexual bullying: ridicule, attacks, or threats directed at another person’s gender characteristics, gender temperaments, sexual orientation, or gender identity by using verbal, physical or other forms of violence will be under the category of sexual bullying not sexual harassment.

6. Gender Identity: an individual’s awareness and acceptance of his or her own gender.

7. Sexual assault, sexual harassment, or sexual bullying on campus: sexual assault, sexual harassment, or sexual bullying that involves a school’s principal, faculty or staff member, or a student as one party and a student as the other party.