Chapter 6 Penalties
Article 61
The violation of any of the following court rulings rendered in accordance with Paragraph 1 of Article 14, Paragraph 3 of Article 16 or Paragraph 1 of Article 63-1 (which requires the mutatis mutandis application of Subparagraphs 1, 2, 4, 10, and 13 to 15 of Paragraphs 1 of Article 14 and Paragraph 3 of Article 16) is a violation of protection order and shall be penalized by a term of imprisonment of no more than three years, short-term imprisonment and/or a fine of not more than NT$100,000:
1. Prohibition against domestic violence.
2. Prohibition against harassment, contact, stalking, communication, correspondence or other unnecessary contact.
3. Relocation from a place of domicile or residence.
4. Keeping a distance from a place of domicile or residence, workplace, school or other specific location.
5. Completion of any offender treatment program.
6. Prohibition against reproducing, distributing, broadcasting, delivering, publicly displaying, or otherwise allowing others to view sexual images of the victim without the consent of the said victim.
7. Delivering or deleting the personal images of victims held.
8. Deleting or applying to the providers of Internet platforms, Internet application services, or Internet access services to remove uploaded sexual image(s) of victim.
Article 61-1
A competent regulatory authority shall impose a fine between sixty thousand New Taiwan dollars (NT$ 60,000) and six hundred thousand New Taiwan dollars (NT$ 600,000) on a broadcaster, or a television company, that is in violation of Paragraphs 1 or 4 of Article 50-1, or Paragraph 1 of Article 63-1 of this Act (which requires the mutatis mutandis application of Paragraphs 1 or 4 of Article 50-1 of this Act), and also shall order the said broadcaster or the said television company to correct the said misconduct(s) within a period designated by the said competent regulatory authority; provided that, if the said broadcaster or the said television company fails to correct the said misconduct(s) within the above-mentioned designated period, the said competent regulatory authority may impose fines on the said broadcaster or the said television company consecutively per violation.
A competent regulatory authority shall impose a fine between sixty thousand New Taiwan dollars (NT$ 60,000) and six hundred thousand New Taiwan dollars (NT$ 600,000) on the person(s) in charge of an entity or an organization of any publicity materials, publications, Internet sources, or any other types of media, other than those mentioned in the preceding Paragraph, that is in violation of Paragraphs 1 or 4 of Article 50-1, or Paragraph 1 of Article 63-1 of this Act (which requires the mutatis mutandis application of Paragraphs 1 or 4 of Article 50-1 of this Act), and may confiscate any items mentioned in Article 50-1 of this Act, or order the said entity or the said organization to remove, take down, or adopt any other necessary measure for, certain content within a period designated by the said competent regulatory authority; provided that, if the said entity or the said organization fails to comply with the above-mentioned order of the said competent regulatory authority within the above-mentioned designated period, the said competent regulatory authority may impose fines on the person(s) in charge of the said entity or the said organization consecutively per violation until the said entity or the said organization fully complies with the abovementioned order of the said competent regulatory authority. However, in the case where a victim is dead, a competent authority may opt not to impose a fine if the said competent authority, after taking into account and balancing the public interests of the society, finds the reporting or disclosure in dispute necessary.
If there is no person in charge of publicity material, a publication, an Internet source, or any other type of media, or if the person in charge (of the said publicity material, the said publication, the said Internet source, or the said other type of media) is not in a position to supervise the conduct of the responsible perpetrator, and the fine prescribed in Paragraph 2 of this Article shall be imposed on the perpetrator.
Article 61-2
For any provider of Internet platform, Internet application service or Internet access service who engages in any of the following misconducts without justification shall be subject to a fine of not less than sixty thousand New Taiwan dollars (NT$60,000) and not more than six hundred thousand New Taiwan dollars (NT$600,000) imposed by the competent regulatory authority carrying out regulatory activities relating to affairs in connection with the relevant industry and shall also be subject to an order issued by the said competent regulatory authority ordering the said person to rectify the said misconduct(s) within a period designated by the said competent regulatory authority; provided that, if the said person fails to rectify the said misconduct(s) within the aforesaid period designated by the said competent regulatory authority, the said competent regulatory authority may impose fines on the said person consecutively per violation, and may also order the said person to impose restrictions on access to the information (materials or content) in question:
1. Violation of Paragraph 1 of Article 50-2 by a failure to proactively restrict the browsing of, or remove, the web page(s) information (materials or content) in question; or
2. Violation of Paragraph 1 of Article 63-1 of this Act (which requires the mutatis mutandis application of Paragraph 1 of Article 50-2 of this Act) by a failure to spontaneously restrict the browsing of, or remove, any crime-related webpage materials; or
3. Violation of Paragraph 2 of Article 50-2 by a failure to retain the materials for one hundred eighty (180) days or by a failure to provide the information (materials or content) in question to judicial authorities or police agencies for investigations.
4. Violation of Paragraph 1 of Article 63-1 of this Act (which requires the mutatis mutandis application of Paragraph 2 of Article 50-2 of this Act) by a failure to keep any materials or any personal data or Internet usage records of a suspect for one hundred eighty (180) days, or by a failure to provide any of the above-mentioned materials to judicial or police agencies for investigations.
Article 62
Any breach of Paragraph 1 of Article 50 shall be subject to a fine of no less than NT$6,000 and no more than NT$30,000 by the municipal or county (city) competent authority. However, medical personnel who violate the regulations in order to avoid immediate physical danger to victims will not be punished.
Any violation of Article 52 or Paragraph 1 of Article 63-1 of this Act (which requires the mutatis mutandis application of Article 52 of this Act) shall be subject to a fine of no less than NT$6,000 and no more than NT$30,000 by the municipal or county (city) competent authority.
Article 63
Any breach of Subparagraph 3, Article 51 that is not remedied despite a request shall be subject to a fine of not less than NT$3,000 and not more than NT$15,000 by the municipal or county (city) competent authority.
Article 63-1
If the victim is over the age of 16 and has been subjected to an illegal physical or mental infringement by a current or former partner in an intimate relationship who does not live with the victim, Articles 9 to 13, Subparagraphs 1, 2, 4 and 9 to 16 of Paragraph 1, Paragraphs 3 and 4 of Article 14, Articles 15 to 20, Subparagraphs 1 and 3 to 5 of Paragraph 1 and Paragraph 2 of Article 21, Articles 27 to 42, 48, 50-1, 50-2, 52, 54, 55 and Paragraph 1 of Article 58 apply mutatis mutandis.
An intimate relationship referred to under the previous paragraph means a relationship of social interaction based on feelings or sexual intimacy.