Anti-Infiltration Act

The Anti-Infiltration Act (Chinese: 反滲透法) is a law regulating the influence of entities deemed foreign hostile forces on the political processes of the Republic of China (commonly known as Taiwan), including elections and referendums. The act was passed by the Legislative Yuan on 31 December 2019 and promulgated by the Tsai Ing-wen presidential administration on 15 January 2020. The law has been used to prosecute individuals connected to united front organizations in Taiwan.

President Tsai Ing-wen said in July 2016, and again in January 2017, that laws against espionage were necessary. Bills to counter espionage were proposed by the Ministry of Justice three times by February 2017, but all were rejected by a minister without portfolio. Democratic Progressive Party legislators Chen Ming-wen, Chuang Jui-hsiung [zh], and Lo Chih-cheng [zh] stated that such bills should have included anti-infiltration measures. During the 2019 Democratic Progressive Party presidential primary, William Lai called for an anti-infiltration law to be passed. Later that year, the New Power Party was reported to be forming an anti-infiltration bill for consideration during the legislative session starting in September.

On 25 November 2019, the Democratic Progressive Party caucus formally proposed an anti-infiltration bill for legislative consideration. The anti-infiltration bill was moved to a second reading four days later. Kuomintang legislators boycotted the vote, and proposed the "bill against the annexation of the Republic of China [zh]" to replace the DPP's anti-infiltration bill.

Cross-caucus negotiations on the anti-infiltration bill took place in late December 2019, although only two of twelve articles were discussed, and the only agreement reached regarded the title of the act. The bill passed its third legislative reading on 31 December 2019, and became the Anti-Infiltration Act. The act passed 67–0 due to a Kuomintang boycott of the final reading, as the Democratic Progressive Party held a majority in the Ninth Legislative Yuan. Prior to its promulgation, Kuomintang and People First Party legislators petitioned the Council of Grand Justices for a ruling on the law. The Anti-infiltration Act took effect on 15 January 2020.

Legislator Kuo Kuo-wen proposed an amendment to Article 6 of the act in May 2020, linking the Anti-infiltration Act to provisions of the Criminal Code of the Republic of China covering cybersecurity, murder, intimidation and harm to others. An amendment drafted by Chiu Chih-wei in April 2022 proposed permitting the dissolution of political parties found by the Constitutional Court to have colluded with an enemy state to affect the outcome of an election in Taiwan.

The Anti-Infiltration Act contains twelve articles. It bars people from accepting money or acting on instructions from foreign hostile forces to lobby for political causes, make political donations, or disrupt assemblies, social order, elections, and referendums. Foreign hostile forces are defined by the act as countries or political entities at war or engaging in a military standoff with Taiwan. The act also includes provisions on disinformation. Violations of the act are punishable by a maximum fine not to exceed NT$10 million or five years imprisonment. Acts of infiltration were defined by considering applicable provisions of other laws, among them the Presidential and Vice Presidential Election and Recall Act, the Civil Servants Election and Recall Act [zh], the Referendum Act, the Assembly and Parade Act [zh] and the Social Order Maintenance Act.

In addition to the Democratic Progressive Party caucus and majority in the Ninth Legislative Yuan, support for the Anti-Infiltration Act came from former defense minister Michael Tsai.

The New Power Party offered measured support, stating that the law could be further strengthened.