Environmental Democracy

Criminal lawsuit filed by fishermen in Yunlin (SLAPP lawsuit)

This case involves a criminal lawsuit filed by an offshore wind power company against fishermen in Yunlin. In 2020, Yunlin fishermen protested after their fishing nets were damaged by a wind farm workboat. Following mediation by the relevant authorities, the developer, Yuneng Company, agreed to compensate them. However, after paying the compensation, the developer countersued the fishermen, alleging fraud and coercion, leading to their indictment. The defense argued that this was a “counter-public participation strategy lawsuit” employed by the company to increase the legal burden on the protesters, and that the fishermen were merely seeking legitimate compensation to protect their livelihoods and had not committed any crimes. Due to the prolonged and frequent court hearings severely impacting the fishermen’s livelihoods, some defendants opted for a settlement to end the proceedings early. Three fishermen who insisted on proving their innocence were acquitted in the first instance. The case is currently under appeal by the prosecution and is in the second instance hearing.

Yunlin fishermen

Yunlin fishermen

Attorneys Chen Jiansan, Su Jingyu, Huang Xinwen, and Yang Jiyu

On August 4, 2025, the three fishermen who persisted to the end were all acquitted by the Yunlin District Court in Taiwan.
The Yunlin District Prosecutors Office appealed, and the case is currently being heard at the Tainan Branch of the Taiwan High Court.

In June 2020, fishermen from Yunlin were fishing when their nets were successively wrecked by workboats and buoys at an offshore wind farm. They only then learned that wind turbines were to be installed in their fishing grounds. After petitioning and protesting, Yuneng Corporation, under the coordination of officials from the Ministry of Economic Affairs, promised to compensate the fishermen for their losses. However, after paying compensation, Yuneng Corporation turned around and sued the fishermen for fraud and coercion.
This type of lawsuit filed by Yuneng Corporation is internationally known as a “Strategic Lawsuits Against Public Participation” (SLAPP lawsuit). It is an effective tool used by corporations to force human rights defenders and other critics to engage in time-consuming and laborious legal battles for their freedom of speech and organizational survival, thereby silencing their voices.

A legal team, including lawyers from the Environmental Rights Association, represented the fishermen, arguing for their innocence.
In addition to providing legal assistance to the fishermen during the coordination phase, the Environmental Rights Association also assigned dedicated lawyers and assisted in matching them with local lawyers during the criminal proceedings to help the fishermen prove their innocence and secure their best interests.

Misled by Yuneng, prosecutors conducted a search on the morning of February 1, 2021, and filed charges on September 29, 2021. Some fishermen were resentful, others wept bitterly. Their fishing grounds were to be fitted with wind turbines, developed without their prior notice. Their fishing nets were torn, and although they received compensation through official mediation, they still faced legal repercussions. After being handcuffed and arrested, they endured the scornful looks from their neighbors. Once the case entered the court proceedings, each trip to court was a psychological and physical drain on the fishermen and their families. Some needed surgery, others had to care for their families, yet they had to spend a significant amount of time traveling to court. Frequent court appearances prevented them from fishing, leading to a sharp decline in income. Moreover, this case alone involved nearly 20 court hearings in the local court, placing an extremely heavy burden on the parties involved.

The judge, understanding that the defendant should be innocent but could not endure the torment of the trial, instructed both parties to reach a settlement. The settlement record stated: “The plaintiff considered that some of the defendants might have genuinely suffered harm, or could potentially secure an acquittal. However, to avoid the time and effort spent by the litigation on both parties, both parties agreed to end the case by having the defendant plead guilty and the plaintiff not pursue criminal or civil liability, aiming to achieve the best interests of both parties and foster greater harmony. The main reason the defendant was willing to plead guilty was to end the litigation through a settlement.” Some fishermen chose to settle to end the ordeal of the trial, while others chose to persevere and prove their innocence.

Provide legal assistance to parties involved in anti-public participation strategy litigation (SLAPP) and, depending on their capacity, either settle the case as soon as possible or continue to fight for their innocence.

You can search for the judgment document if you wish to read it.

Criminal Judgment No. 583 of 2011, Yunlin District Court, Taiwan