Should Taiwanese Be Concerned? Ming Ju-cheng Warns of China's New Internet Law 'Omnipresent Control': Repeat Offenders May Be 'Disappeared'

On the 3rd, China's Cyberspace Administration released a draft of the 'Internet Information Services Management Measures,' increasing the number of provisions from 27 to 94. Article 29 of the draft states that if foreign organizations or individuals produce, publish, or disseminate content outside China deemed to endanger China's national security or public interests, China may take 'necessary measures' under the law. Ming Ju-cheng, honorary professor at National Taiwan University's Department of Political Science, analyzed the draft on the program 'Xia Ban Han Ni Liao,' stating that 'there is almost nowhere beyond China's reach.' He warned that under this draft, Taiwanese traveling to Hong Kong or Macau may have their phones inspected and could face legal consequences due to past online content, urging caution among Taiwanese citizens.

The new draft significantly expands the definition of 'internet information services,' bringing search engines, applications, instant messaging tools, and AI-generated content under regulatory oversight. It also penalizes individuals who 'illegally bypass' (commonly known as 'wall-breaking') internet restrictions without authorization. Ming noted that this revision is effectively a complete rewrite, with the number of articles increasing 3.5 times, as China seeks to 'keep pace with the times' in response to technological advancements that have created regulatory loopholes.

Is Wall-Breaking the Only Risk? China's New Law Expands Regulatory Scope

Ming pointed out that the expanded definition of 'internet information services' means there is 'almost nowhere China cannot regulate.' Unauthorized use of tools like Virtual Private Networks (VPNs) to access foreign websites will be penalized, reducing the number of Chinese netizens accessing the global internet. However, state-sanctioned 'cyber troops' will remain unaffected. Ming warned that Chinese citizens using VPNs will leave a record of illegal activity, and repeated offenses could lead to police summonses—'being invited for tea'—or even detention and forced disappearance.

Under this draft, Chinese citizens' online activities—including posting, sharing, liking, and commenting—will be monitored. Article 29 explicitly includes foreign organizations and individuals, encompassing Taiwanese media outlets and journalists. Ming cited the recent case of Japanese-Taiwanese journalist Kota Yahaba, who was attacked in Taiwan by a Chinese national, noting that China's Taiwan Affairs Office might label the attacker as acting out of 'righteous indignation.' He sarcastically added that the Kuomintang might claim the attacker 'mistook the identity,' calling such scenarios 'absurd beyond belief.'

Ming explained that to avoid legal trouble, individuals must either practice self-censorship—though 'everything leaves a trace'—or surrender to the Communist Party by accepting unification. However, even then, the Party might 'close the door and beat the dog,' retroactively punishing past speech. Thus, there is 'nowhere to run.'

Ming concluded that those unwilling to self-censor or accept unification must resolutely defend the Republic of China's democracy, freedom, rule of law, and human rights, and form alliances with other nations. He urged Taiwan to enact an 'Anti-Extraterritorial Suppression Law' to protect its democratic system and legal order.