From Regulation to Litigation: Empirical Insights into “Public Order and Good Morals” in Taiwan’s Broadcasting Law (1998–2024)
“Public order and good morals” remain an important principle in the regulation of broadcasting content in Taiwan. However, the concept of “public order and good morals” is dynamic and subject to the evolution of social thoughts and generations. Drawing on the empirical legal research approach, this study examines the consistency of administrative law decisions in violation of “public order and good morals” from 1998 to 2024. The findings reveal that the breach of the broadcast act shifted from terrestrial to satellite broadcasting due to legal and regulatory changes following technological advancements. The results also show that broadcasters are more likely to challenge the decision made by the National Communications Commission (NCC), which is responsible for regulating telecommunications and broadcasting services in Taiwan. Based on the analysis of the law decision, the successful rate of broadcasters overturning the NCC decisions has surged from 8.1% (1998-2020) to 40.9% (2021-2024). The increasing rate of overturned decisions raises concerns about the rigor of the NCC’s regulation on sexuality, violence, and unverified facts, which are highly subjective and vary across perspectives. This study suggests that enhancing legal clarity and administrative precision is important to safeguarding broadcasting freedom and fostering the development of the media industry.