Comment on the Crime of Fake News according to Paragraph 46a Act Governing Food Safety and Sanitation
The problems about fake news or fake issues is recently serious in Taiwan. In the respect of food safety, the spread of fake news could be the source of fear to the society. It lacks knowing about the food safety by the public, while media or the internet are normally the sources for the knowing to them. Once there was a doubtful report about the food safety, it could lead the public into panic. Therefore, it should protect the food safety to a considerable degree greatly that the paragraph 46a Act Governing Food Safety and Sanitation was amended which aimed to against the crime of fake news. Nevertheless, the unclear definition about the food safety, the different structure from the norms in the past, the punishment which only focuses on the legal person, and a possible confusion with the paragraph 28 Act Governing Food Safety and Sanitation during its application are the problems for this norm. Comparing with the related norms in Network Enforcement Act in Germany (Netzwerkdurchsetzungsgesetz) could lead a proper result according to the opinion in this article.