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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 03:05
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Chapter Law Content

Title: Child and Youth Sexual Exploitation Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter II Rescue and Protection
Article 5
The competent central authority for the administration of legal affairs and law enforcement and the central competent authority for the administration of police administrative affairs shall appoint respective dedicated subsidiary agencies to direct and superintend the local district prosecutors offices and the local police departments in the investigation of crimes defined in this Act. The local district prosecutors offices and the local police departments shall appoint dedicated personnel who have received professional training to handle cases to which the Act applies.
In order to investigate the crimes against the sexual exploitation referred to in subparagraph 3, Paragraph 1, Article 2 herein, the police departments shall designate or establish the dedicated units to crate the sexual image/video digital forensics database for victims.
The regulations governing the contents, storage, management and use of the database referred to in the preceding paragraph shall be enacted by the central competent authority for the administration of police administrative affairs.
The central competent authority for the administration of police administrative affairs, the competent central authority for the administration of legal affairs and law enforcement and Judicial Yuan shall duly provide education and training on child and youth sexual exploitation prevention to enrich the competence and expertise of judicial police, judicial police officers, prosecutor’s investigators, prosecutors, or judges who investigate or try child and youth sexual exploitation cases.
Article 6
In order to protect children and youths from sexual exploitation, the competent authorities at the special municipality or city (county) level shall offer a runaway child or a runaway youth (a child or a youth who left his or her family) emergency shelter, counseling, care, contact, and other necessary services.
Article 7
Medical personnel, social workers, educational personnel, caregivers, migration management personnel, employees of immigration service agencies, household registration personnel, village officers, police personnel, judicial personnel, employees of tourism businesses, employees of electronic game arcade businesses, employees of computer entertainment businesses, employment service personnel, personnel of condominium management services, and other personnel responsible for the welfare affairs of children or youths who learn of a victim during the performance of their statutory duties or work shall immediately, no later than twenty-four (24) hours following their learning of the said victim, report the said victim to the competent authority at the special municipality or city (county) level.
The personnel mentioned in the preceding Paragraph who learn of a criminal suspect (as defined in Chapter IV) during the performance of their statutory duties or work shall immediately, no later than twenty-four (24) hours following their learning of the said suspect, report the said suspect to the authorities or personnel prescribed in Article 5.
Any individual who learns of a victim or a criminal suspect defined in Chapter IV may report the said victim or the said suspect to the competent authority at the special municipality or city (county) level, or the authorities or personnel prescribed in Article 5.
The personally identifiable information of a reporter mentioned in the three preceding Paragraphs shall be kept confidential.
When the competent authority at the special municipality or city (county) level receiving a report described in Paragraph 1 of this Article learns that an offender is a child or a youth, the said competent authority should refer the said offender, in accordance with relevant laws and regulations, to the respective responsible authorities, which will offer education, psychological therapy or counseling, legal counseling, or other services to the said offender.
Article 8
The internet service providers, who learn of any matters suspected to be any of the offenses prescribed in Chapter IV via any competent authority or other authorities, shall proactively restrict the browsing of, or remove, the webpage(s) information (materials or content) related to any of the offenses prescribed in Chapter IV within 24 hours.
The offending webpage(s) information (materials or content) mentioned in the preceding Paragraph, as well as the personal data and internet usage records of a suspect, shall be retained (by the responsible internet platform provider(s), the responsible internet application service provider(s), or the responsible internet access service provider(s) mentioned in the preceding Paragraph) for one hundred eighty (180) days and shall be provided to judicial authorities and police agencies for investigations.
The competent authority at the special municipality or city (county) level may assist a victim in submitting a request to the responsible prosecutor during the investigation, or to the competent court during the trial, to reproduce (any of) the confiscated sexual image(s) or video(s) of the said victim. The internet service providers referred to in Paragraph 1 shall, upon notification by the competent authority at the special municipality or city (county) level, compare, remove, or take down the sexual image(s) or video(s) of a victim insofar as technically feasible.
The sexual image/video processing center, upon learning of webpage information suspected of involving the crimes against sexual images or videos of a child or youth, shall notify the internet service providers, police departments and central competent authority.
The notification referred to in the preceding paragraph shall include the following details:
1. The website name and URL where the suspected criminal activity occurred, as well as the URL for the sexual image.
2. The online platform account or internet protocol (IP) address of the offender.
3. The notifying country, agency, contact person's name, telephone number, and email address.
Upon receipt of the notice as prescribed in Paragraph 4, the central competent authority shall immediately order the internet service providers to restrict browsing or remove webpage information related to crimes in accordance with Paragraph 1.
The order referred to in the preceding paragraph shall include the following details:
1. Circumstances referred to in the subparagraphs of Paragraph 5.
2. The website name, URL or internet protocol (IP) address of the internator operator, or other features sufficient to identify the alleged internet service provider.
3. The subject matter, facts, reasons and legal basis of the disposition.
4. Contents of the incidental provisions, if any.
5. The name of the authority rendering the disposition, with the signature and personal seal of its head officer, and also counter-signed by the agent or appointee, if any, of the authority; provided that, an administrative disposition made en masse by means of automatic machine may bear only the seal in lieu of the signature.
6. Reference number and date of the document.
7. The statement to the effect that it is an administrative disposition and the means of remedy available in case of dissatisfaction with the administrative disposition, the time period within which remedy may be sought and the authority with which application for remedy must be filed.
Article 8-1
The administrative dispositions issued by the competent authority against internet service providers in accordance with the preceding article and Article 47 herein may be transmitted in electronic format over the internet to the electronic mail or electronic form publicly disclosed, designated, or registered for domain name by the internet service provider for notification, and such transmission shall be deemed as served.
The electronic document mentioned in the preceding paragraph, upon being transmitted by the competent authority to the electronic mail or electronic form publicly disclosed, designated, or registered for domain name, by the internet service provider, shall take effect as having been duly served, notified, or made known in accordance with the law after one working day upon such transmission. However, the following circumstances are not subject to this time limit:
1. When the electronic document has been transmitted but has not entered the electronic mail or electronic form publicly disclosed, designated, or registered for domain name, by the internet service provider.
2. When the electronic document has entered the electronic mail or electronic form publicly disclosed, designated, or registered for domain name, by the internet service provider after one working day but the internet service provider provide an explanation that they cannot read it.
3. When the internet service provider can prove that the electronic document entered the electronic mail or electronic form publicly disclosed, designated, or registered for domain name by it at an earlier or later time.
In the event of a dispute regarding the circumstances described in the subparagraph 1 of the proviso in the preceding paragraph, it shall be proven by the competent authority. If the competent authority cannot provide proof, the electronic document shall be redelivered, notified, or made known in an appropriate manner.
In the circumstances described in Subparagraph 2 of the proviso in Paragraph 2, the competent authority shall redeliver, notify, or make it known in an appropriate manner.
In the circumstances described in Subparagraph 3 of the proviso in Paragraph 2, the effectiveness of delivery, notification, or making it known shall occur based on the earlier or later time point as proven by the internet operator, in accordance with the law.
In any of the following circumstances, the competent authority may restrict the access:
1. Where it is unable to ascertain the contact information of the internet service provider and, therefore, cannot effect the service referred to in Paragraph 1.
2. Where it believes that the crime involved by the webpage information should be considered material and there should be an immediate need for disposition to prevent crime, expansion of hazards or avoid imminent danger.
3. Where the internet service provider is suspected of involving in any of the offenses prescribed in Chapter IV for changing its domain name or any other methods after being restricted from the access.
In order to help the competent authority execute the restricted access under the preceding paragraph and Article 47 herein, the competent authority for the administration of digital development affairs, competent authority for the administration of education-related affairs, competent authority for the regulation of telecommunications and broadcasting services, competent authority for the administration of police administrative affairs and internet access service provider shall provide assistance pursuant to laws.
Article 9
In the event of an interrogation (or questioning) of a victim during an inquiry, an investigation, or a trial, police and judicial personnel shall notify the competent authority at the special municipality or city (county) level of the need to assign a social worker to be present to accompany the said victim and shall allow such accompanying social worker to state his or her opinion.
If a victim has been legally questioned during the aforesaid investigation or trial, and the said victim’s statement is clear enough without requiring any further questioning, the said victim shall not be summoned again.
Article 10
When a victim is being interrogated (or questioned) or examined during an investigation or a trial, a guardian, a lineal relative by blood or a collateral relative by blood within the third degree of kinship, the spouse, a parent, a family member, a physician, a psychologist, a counselor, or a social worker of the said victim may be present to accompany the said victim and state his or her opinion. The same rule shall apply to an inquiry (conducted) by judicial police officers or judicial police.
The preceding Paragraph does not apply when a person eligible to be present to accompany a victim is a suspect or a defendant of a crime prescribed in this Act.
Article 11
In addition to the protection provided pursuant to this Act, Articles 4 to 14, Paragraph 2 of Article 15, Article 20, and Article 21 of the Witness Protection Act may, when the responsible prosecutor or the presiding judge considers it necessary, apply to a witness, a victim, a reporter, an informant, or a complainant of a case involving sexual exploitation.
Article 12
When questioning a child or a youth during an investigation or a trial, the responsible prosecutor or the presiding judge shall attend to the personal safety of the said child or the said youth and institute an environment and measures to secure the safety of the said child or the said youth. The responsible prosecutor or the presiding judge shall adopt proper isolation procedures if necessary. Moreover, the responsible prosecutor or the presiding judge may, upon application or sua sponte, conduct the questioning of a child or a youth outside the court.
The preceding Paragraph shall apply to an inquiry (conducted) by judicial police officers or judicial police.
Article 13
A statement made by a child or a youth during an investigation (conducted) by a prosecutor investigator, a judicial police officer, or a judicial police, which has been especially proven credible, and which is essential to prove the facts of a criminal offense, may be admitted as evidence, despite any of the following conditions occurs to the said child or the said youth during a trial:
1.the said child or the said youth is unable to make a statement due to physical or psychological trauma;
2.when appearing before the court, the said child or the said youth, due to physical or psychological stress, is unable to make a complete statement or refuses to make a statement during questioning or examination; or
3.the said child or the said youth cannot be summoned or fails to appear after being summoned because the said child or the said youth is not in the Taiwan area or the whereabouts of the said child or the said youth is unknown.
Article 14
No publicity material, publication, broadcasting services, television services, internet sources, or any other types of media may report or cover the name, date of birth, residential address, school, or any other personally identifiable information of a victim.
Unless the law provides otherwise, one shall keep confidential any personally identifiable information of a victim known to him or in his possession by reason of his office or employment.
Documents made known to the public by administrative agencies or judicial agencies may not reveal any personally identifiable information about a victim. However, this restriction shall not apply if the law provides otherwise.
Any person other than those mentioned in the three preceding Paragraphs may not, through the media or any other means, reveal to the public or disclose the name of or any other personally identifiable information of a victim.
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