On 13 March, the Global Network Initiative (GNI) wrote to the Vice Premier of the Government of Taiwan, Cheng Li-Chiun, to express concerns about the proposed amendments to the Tobacco Hazards Prevention Act.
GNI, a multistakeholder organization focused on freedom of expression and privacy in the technology sector, acknowledges the many steps Taiwan has taken to help demonstrate how technology and human rights can be mutually reinforcing. Last month, together with many of our members, GNI had the opportunity to visit Taiwan for RightsCon 2025 where GNI partnered with the Ministry of Digital Affairs to put together a workshop exploring the complex intersection of online harms, content regulation, and intermediary liability in Taiwan. During this session, serious concerns were raised by various stakeholders about the Ministry of Health and Welfare’s implementation of the Tobacco Hazards Prevention Act.
While GNI does not oppose the underlying objective of the Act, there are serious concerns around the approach to the implementation of its online provisions – namely the need to distinguish between commercial advertising and user-generated content, the importance of providing a “safe harbor” for intermediaries, and the technical infeasibility of proactive monitoring – which are long-standing and have been frequently noted by a range of local and international stakeholders. The proposed amendments raise significant concerns regarding freedom of expression and human rights. In particular, the mandated 24-hour content removal window and the requirement for proactive monitoring of user-generated content impose substantial obligations on internet service providers (ISPs) and other online platforms.
GNI calls on the Government of Taiwan to rescind the proposed amendments and instead encourages a more thoughtful and thorough consultation process to develop amendments that align with international best practices and human rights principles and will allow collaboration and predictability in the Act’s implementation going forward.