EDITORIAL: Clock ticking on repression laws

The National Security Bureau in a report on Tuesday announced that it has begun drafting amendments to the Anti-Infiltration Act (反滲透法) and other laws that would introduce or increase penalties for acts of transnational repression.

Currently, cases involving transnational repression — acts of tailing, harassment, intimidation or violent attacks at the behest of a foreign hostile force — are prosecuted under the Criminal Code, the Organized Crime Prevention Act (組織犯罪防制條例) or the Personal Data Protection Act (個人資料保護法).

Experts have urged the government to do more to deter and punish such acts, most notably those carried out by China, which have become increasingly frequent and brazen. The legal framework is inadequate, as the penalties are not much of a deterrent.

The Ministry of Foreign Affairs last month condemned China’s use of digital surveillance, stalking and violent threats against Taiwanese, characterizing them as part of Beijing’s “hybrid warfare” tactics to undermine Taiwan’s sovereignty and international presence.

The statement came after comedian Huang Yi-hao (黃逸豪) was struck by a vehicle near his home in New Taipei City, allegedly at the behest of a Chinese national who had offered NT$450,000 to have him seriously injured. The attack came after Huang made comments mocking Chinese President Xi Jinping (習近平) during a performance. In May, the Comedy Club in Taipei, where Huang had performed, was also targeted in an attack involving paint and human feces.

It was not an isolated incident. The Mainland Affairs Council on Thursday said that at least 131 Taiwanese had been targeted in 140 cases of Chinese transnational repression. President William Lai’s (賴清德) family has been targeted by Beijing’s surveillance efforts, with a woman arrested over accusations that she spied on Lai’s son and the son’s family in the US.

There is a fundamental difference between an ordinary criminal offense and one committed at the direction of a foreign hostile force. Beyond the immediate harm, such acts serve a broader political purpose of intimidating people into silence, discouraging them from expressing their views and weakening public participation. The chilling effect threatens individual freedoms, as well as the nation’s sovereignty and democratic institutions.

The timing of the proposed amendments in the bureau’s report is significant given that Taiwan’s nine-in-one local elections are scheduled for Nov. 28. Democratic Progressive Party Legislator Puma Shen (沈伯洋), the party’s candidate for Taipei mayor, is himself a victim of sustained pressure from Beijing. For the past two years, China has pursued criminal investigations against Shen, issued global arrest threats and exposed his personal information in an apparent effort to intimidate him and undermine his political activities. The pressure has extended to people associated with supporting Shen’s campaign.

After attending an event marking the opening of Shen’s campaign headquarters, television host Kevin Tsai (蔡康永) issued a public apology on Chinese social media, stating that he has “never supported” Taiwanese independence.

Beyond targeting figures whose views challenge its political agenda, Beijing aims to intimidate others to silence public support. Such interference is detrimental to the democratic process.

If attending a campaign event, publicly endorsing a candidate or expressing political views could jeopardize people’s livelihoods and safety, including the safety of their family, people would think twice before participating in public affairs. Under those circumstances, Beijing would not need to interfere directly to undermine an election — it could achieve its goals simply by increasing the costs associated with public participation.

The government must establish a comprehensive legal framework and effective mechanisms to prevent, deter and punish transnational repression. Increasing the severity of penalties is one of many steps that must be taken.

Authorities must also improve early-warning capabilities, identify individuals and groups directing operations from overseas, protect potential victims and ensure that people can safely report threats and seek assistance. At the same time, amendments must clearly define prohibited conduct and preserve due process, ensuring that legitimate political expression and contact with people in China are not criminalized.

These things take time — but the clock is ticking. With Taiwan’s next presidential election two years away, the need for the changes is growing. This year, Beijing has made efforts to interfere in a local mayoral race, orchestrated violence against a comedian and spied on the president’s family overseas. There is no telling how far it might be willing to go in a presidential race, and Taiwan cannot afford to sit around and find out.