Taiwan: Corporate Lawsuit Threatens Academic Freedom · Global Voices
Dr. <PERSON>, a professor at the Department of Environmental Engineering in National Chun Hsing University [zh], is the latest victim of a defamation lawsuit brought on by a big corporation, the Formosa Plastic Group.
Increasingly, big corporations in Taiwan are using defamation lawsuits to silence activists and scholars. In fact, many legal experts suggest that the current criminal defamation law is in violation [zh] of international covenants.
Dr. <PERSON> worked with a research team to evaluate the environmental impact of 66 factories in Taichung and Yunlin. His team found that heavy metals and dioxins were being released in to the air, close to the Formosa Plastic Group (FPG)'s Six Naphtha Cracking plant. Dr. <PERSON> presented his findings at several expert conferences held by the Environmental Protection Agency (EPA.)
In response, two affiliates of FPG, Formosa Chemicals & Fiber Corporation and Mailiao Power Corporation, filed criminal charges at the Taipei District Prosecutor's office in early April, 2012, seeking NT$40 million (about USD1.33 million) in damages for defamation [zh, pdf].
Dr. <PERSON> explains the environmental impact of the petrochemical industry at an anti-Kuokuang petrochemical project protest. Photo by <PERSON>, used with permission.
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<PERSON>'s findings are critical for several civil groups who have been advocating to stop the Kuokuang petrochemical project. In fact, these groups already won the battle, as later FPG failed to persuade any local government in Taiwan to approve their petrochemical project and decided that the project be moved out of Taiwan and relocated to Malaysia in May 2012.
With this in mind, <PERSON>, a lawyer who is assisting Dr. <PERSON>'s defense team pointed out [zh] that the lawsuit is a ‘strategic lawsuit against public participation‘, in other words it is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.
Many scholars and civic groups are demanding the FPG to drop the case. A joint letter by several civil groups states [zh]:
民間團體要感謝包括莊秉潔教授等多位學者，以各自不同領域的專業，不斷揭發六輕汙染環境、影響民眾健康的科學研究。
We, a coalition of civil groups, would like to thank these researchers, including Dr. <PERSON>. With their diverse expertise, their researches have revealed how FPG’s Six Naphtha Cracking plant has polluted the environment and affected citizens’ health.
汙染者應負舉證責任，六輕應公開所有汙染物排放資訊…若無法證明其創辦人王永慶先生所說六輕「空氣清新、景色宜人」，應儘速撤告，勿漠視此事將使你們的企業形象雪上加霜，惡化社會對你們的觀感和評價。
The polluter should prove their innocence by providing data to the public. FPG’s Six Naphtha Cracking plant should give the public information of its pollutants emitted into the environment…If FPG cannot provide the evidence that “the air is clean and the scenery is beautiful” around the plants as depicted by its founder <PERSON>, FPG should drop this lawsuit. Ignoring our suggestions will worsen your corporate image and the society's impression and evaluation of your company.
Dr. <PERSON> from National Tsing-Hua University also wrote an article [zh] to support Dr. <PERSON>:
FPG's Six Naphtha Plant is considered a serious pollution source. 720