Not in public, please

According to Article 234 under the Offence Against Morality statute, a person who, for purposes of exhibition, publicly commits an obscene act shall be sentenced to imprisonment for less than one year. In this article, the phrase “obscene act” is mentioned, but no explanation is given, which means it all depends on the police’s judgement or definition to determine what an “obscene act” is.

What is obscene is determined based on one’s own point of view, which often varies based upon age, gender, social status and religion. This is the case all around the world. For example, this February, the New York Police Department issued a memo to its officers saying that a 1992 court decision confirms that women can bare their breasts in the city without penalty. “Members of the service are directed not to issue summonses, or take other enforcement action, against male or female individuals who are simply appearing in public unclothed above their waist,” the memo said.

Even though there is no clear regulation against being topless in public in Taiwan, a person can still be arrested for doing it if the police determine the act is an offence against morality. Without a clear definition or regulation as to what constitutes a violation, it will undoubtedly lead to debate between the police and people who are arrested for such offences.

In 2007, four female foreign labourers were caught drinking with customers in a karaoke room, only wearing panties. The police arrested the four and referred them to prosecutors on charges of offences against morality. However, the prosecutors considered the fact that the door to the karaoke room was closed when the police entered, suggesting that the room was not a public space, and therefore the prosecutors did not press charges against the four women.

In fact, there is another article that the authorities could have used to charge the four ladies. According to the Criminal Code’s Article 231, a person who intends to pay for sexual intercourse or make an obscene act with a third person, or who accepts or arranges such acts shall be sentenced to imprisonment of not more than five years.

It is extremely important to have a clear definition as to what “obscene” acts may not be performed in public. Some may argue that a law may not be possible to regulate what people can or cannot do in public spaces based on the concept of human rights, which everyone is entitled to. However, people also have the right to not be exposed to behaviour that will cause them distress. Laws should be the fair lines, equally protecting and enforcing everyone’s rights, regardless of a person’s race, social status, religion, gender or profession.

Another reason why a definition of obscene acts should be made clear in the Criminal Code is so that the police can have a definite standard by which to enforce the law. Police must be able to refer to specific articles with clear definitions of offences so that justice can be properly served and a fair investigation be conducted.