The recent hearing of a lawsuit brought against a bookstore owner for selling erotic gay magazines two years ago has put the issue of pornography and homosexuality on the table.
Lai Jeng-jer (賴正哲), proprietor of Gin Gin's, a Taipei store specializing in gay and lesbian literature, was charged in 2003 with violating Article 235 of the Criminal Code, which states, "A person who distributes, sells, publicly displays, or by other means shows to another person in an indecent writing, drawing, or other [work] shall be punished."
Keelung Customs officers confiscated more than 200 magazines imported by the bookstore in 2003. Later the same year, the Keelung District prosecutors went to the bookstore and took away more than 500 magazines, including some that are legally published in Hong Kong as well as His, a local publication.
The matter proceeded to a second hearing on March 15. The judge and Lai, accompanied by his lawyer, had a fierce debate on the issue of indecency over the photos in 101 magazines that contain what the Publication Appraisal Foundation defined as indecent pictures and content, Lai told the Taipei Times during a telephone interview yesterday.
"The judge and the foundation said that the erect penises shown in the magazines are unnatural, and words like sperm are indecent, which I found ridiculous," Lai said.
"According to health education textbooks, an erect penis is a natural response any normal man has. It is wrong to demonize human body parts with terms such as indecency," he said.
Unable to reach any conclusion, the Keelung District decided to continue the hearing and reach a verdict in April.
Gay-rights advocates and gender issues experts have questioned the judgment of both the Keelung District judge and the Publication Appraisal Foundation for defining the photos as indecent and an offense against morality.
They call the case an example of the demonization and dehumanization of gay and lesbian groups.
It also reveals issues of homophobia and the myth of the male body under patriarchal ideology, they said.
"Prosecutors determined that the photos of nude male bodies in the gay magazines are indecent and abnormal, which is an judgment made under heterosexual values," said Wang Ping (王蘋), secretary general of the Gender/Sexuality Rights Association Taiwan (
"In a patriarchal and heterosexual society, a male body, especially the penis, is a symbol of power. Exposing the male body to the public uncovers the myth about men and in some ways weakens their powers," she said.
Josephine Ho (何春蕤), an advisor to the Gender Sexuality Rights Association and dean of National Central University's English Department, said that the reviews of the magazines by the Publication Appraisal Foundation and also the Measure Governing the Rating Systems of Publications and Pre-recorded Video Programs are both based on heterosexual ideology.
"The reviews suggested that normal people would feel ashamed or annoyed seeing those photos. However, gay people may have different reactions to male nudity than heterosexual people," Ho said.
According to Ho, the interpretation of pornography varies and depends on the development of gender culture in the society. It is only subjective and groundless speculation to claim those photos have a negative influence on normal people.
Ho said that the legal battle Lai faces, as well as the lawsuit brought against her by conservative groups over the link to a "Beast Love" Web site on her academic research web page, show the limited room for open-minded and rational discussion and display of sexual issues in society.
The suit against Ho was filed in 2003 by a group of activists, lawyers, teachers and parents objecting to Ho's having posted a link to a site detailing intercourse between humans and animals, on the Web page of National Central University's Center for the Study of Sexuality, where Ho has served as director for four years.
Prosecutors at the Taipei District Court later declared Ho not guilty of offenses against morality last year.
"I urge the public to reconsider the terms `pornography' and `obscenity' in our criminal code, as they are outdated, and also to get to know sexual images and culture from a modern-day perspective," Ho said.
Wu Ming-hsuan (吳銘軒), spokesperson for the Coalition Against Pseudo-Rating Regulations, agreed.
"The need for sexual information will never stop, and the definition of pornography remains a debatable issue. However, the government and conservative groups should stop playing the role of regulator and banning pornography," said Wu.
"It is important for a democratic society to respect the freedom to read, and accept the existence of exotic and different voices or ideologies," he added.
Lai said the recent release of the original cut of noted director Tsai Ming-liang's (
"If the government and the public recognized the film's artistry, they should be able to accept the photo display or written words of human body parts or sexual behaviors, such as penis, oral sex, or sperm, which are natural and nothing to be ashamed of," said Lai.
The High Prosecutors’ Office yesterday withdrew an appeal against the acquittal of a former bank manager 22 years after his death, marking Taiwan’s first instance of prosecutors rendering posthumous justice to a wrongfully convicted defendant. Chu Ching-en (諸慶恩) — formerly a manager at the Taipei branch of BNP Paribas — was in 1999 accused by Weng Mao-chung (翁茂鍾), then-president of Chia Her Industrial Co, of forging a request for a fixed deposit of US$10 million by I-Hwa Industrial Co, a subsidiary of Chia Her, which was used as collateral. Chu was ruled not guilty in the first trial, but was found guilty
‘DENIAL DEFENSE’: The US would increase its military presence with uncrewed ships, and submarines, while boosting defense in the Indo-Pacific, a Pete Hegseth memo said The US is reorienting its military strategy to focus primarily on deterring a potential Chinese invasion of Taiwan, a memo signed by US Secretary of Defense Pete Hegseth showed. The memo also called on Taiwan to increase its defense spending. The document, known as the “Interim National Defense Strategic Guidance,” was distributed this month and detailed the national defense plans of US President Donald Trump’s administration, an article in the Washington Post said on Saturday. It outlines how the US can prepare for a potential war with China and defend itself from threats in the “near abroad,” including Greenland and the Panama
DEADLOCK: As the commission is unable to forum a quorum to review license renewal applications, the channel operators are not at fault and can air past their license date The National Communications Commission (NCC) yesterday said that the Public Television Service (PTS) and 36 other television and radio broadcasters could continue airing, despite the commission’s inability to meet a quorum to review their license renewal applications. The licenses of PTS and the other channels are set to expire between this month and June. The National Communications Commission Organization Act (國家通訊傳播委員會組織法) stipulates that the commission must meet the mandated quorum of four to hold a valid meeting. The seven-member commission currently has only three commissioners. “We have informed the channel operators of the progress we have made in reviewing their license renewal applications, and
A wild live dugong was found in Taiwan for the first time in 88 years, after it was accidentally caught by a fisher’s net on Tuesday in Yilan County’s Fenniaolin (粉鳥林). This is the first sighting of the species in Taiwan since 1937, having already been considered “extinct” in the country and considered as “vulnerable” by the International Union for Conservation of Nature. A fisher surnamed Chen (陳) went to Fenniaolin to collect the fish in his netting, but instead caught a 3m long, 500kg dugong. The fisher released the animal back into the wild, not realizing it was an endangered species at
RSS