Democratic Progressive Party (DPP) legislator and Taipei mayoral candidate Shen Po-yang filed a civil lawsuit against Fu Kun-chi, leader of the Kuomintang (KMT) caucus in the Legislative Yuan, seeking NT$1 million in damages and a public apology. The lawsuit stemmed from Fu's public statements last year accusing Shen of 'receiving foreign funds' and 'conducting subversive activities.' On Wednesday (9th), the Taipei District Court ruled in favor of Fu, dismissing Shen's claims and exempting Fu from compensation or issuing a public notice. The ruling can still be appealed.

The case originated from a press conference held by Fu Kun-chi on March 4 last year at the KMT's Hualien County Party headquarters. During the event, Fu stated, 'President Lai, look in the mirror. Your Shen Po-yang is receiving foreign funds and carrying out subversive activities here. Today, Shen Po-yang should clearly explain what he has done with over NT$48 million—originally said NT$4.8 billion—from foreign sources.'

Shen argued that Fu made these unsubstantiated allegations without proper verification, damaging his reputation and violating his right to dignity, thus prompting the lawsuit.

During the trial, Fu's legal team contended that the statements were not fabricated but based on a synthesis of evidence, including meeting recordings from the Black Bear Academy, Shen's past interviews, and publicly available media reports. Fu also clarified that the 'NT$4.8 billion' figure was a verbal error and should have been 'NT$48 million.'

The Taipei District Court ruled that, according to case records, Shen had previously acknowledged in a recording that the American Institute in Taiwan (AIT) had provided funding. Since the Black Bear Academy had not yet established a formal legal entity at the time, the funds were temporarily deposited into Shen's personal account before being withdrawn. Additionally, media reports indicated that the Taiwan Democracy Lab had applied for grants from the Open Society Foundations.

Therefore, the court found that Fu's statements—such as 'receiving foreign funds' and 'what did you do with over NT$48 million?'—were not entirely baseless.

Regarding the term 'subversive activities,' the court determined that, in context, Fu was questioning the use of foreign funding. The phrase was deemed a rhetorical expression of criticism rather than a concrete accusation of criminal conduct. The court emphasized that the average person would not interpret this as implying Shen had committed a crime.

The court concluded that the statements concerned matters of public interest and fell within the scope of legitimate public commentary. Fu had reasonable grounds to believe the statements were true, and although the tone was sharp, it remained within acceptable limits of free speech. Thus, the court dismissed Shen's claims.

In a statement today, Shen said that Fu's false accusations against him have never ceased. He noted that the trial revealed Fu had made the claims without proper verification. After receiving the full ruling, he will consult with his legal team on whether to appeal.

Fu, through the KMT caucus, stated that this was not just a personal victory but a significant win for freedom of speech and legislative oversight. He emphasized that legislators must be able to raise questions and offer criticism in the public interest without fear of judicial suppression. The KMT caucus will continue to monitor critical issues involving national security, public interest, and the people's right to know.

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  • Source: PR Times
  • Category: News