Taming the Tongue: Political Resource Inequalities and Court Decisions in Defamation Litigation in Taiwan

Abstract

This study examines the impact of resource inequalities, also referred to as party capabilities, on defamation litigation between 2000 and 2011 in an attempt to determine whether or not Taiwan`s three-tier court system, consisting of district courts, high courts, and the Supreme Court, is politically biased in its judgments. The empirical findings reveal that superior resources, in terms of party affiliation, election results, socio-political connections, and judicial procedure, give defendants a limited advantage in trials involving defamation in campaigns. This study concludes that concern for social stability, legitimacy, and political development in nascent democratic systems could lead to weaker parties being favored by the judiciary, allowing them to come out ahead and achieve an advantage over stronger parties in litigation outcomes.