Recent changes to deterrence and enforcement measures in Taiwan aimed at preventing damage to critical undersea infrastructure.
Following several incidents of damage to subsea cables within its waters, the Taiwanese government has introduced legislative amendments designed to strengthen the protection of critical infrastructure and enhance deterrence.
The “Seven Subsea Cable Laws” amendments (covering the Telecommunications Management Act, Electricity Act, Natural Gas Enterprise Act, Water Supply Act, Meteorological Act, Commercial Port Act, and Ship Act) introduce the following key measures:
Increased criminal penalties
Intentional damage to subsea cables, energy infrastructure, or water pipelines is punishable by up to seven years’ imprisonment and fines of up to TWD 10million.
Introduction of negligence liability
Penalties of up to six months’ imprisonment, short-term detention, or a fine of up to TWD 2million now apply to negligent damage to subsea cables, preventing offenders from avoiding liability by claiming the act was accidental.
Confiscation of instrumentalities
Vessels and equipment used in committing damage may be confiscated, regardless of ownership.
Mandatory vessel monitoring
Ships are required to keep their AIS activated in designated maritime areas. Non-compliance may result in detention or fines.
Stricter control of irregular port stays
Authorities are empowered to order ships that loiter without justification or anchor within subsea cable zones to depart, or to confiscate them where appropriate.
An Article 71-1 of the Electricity Act came into force on 5 January 2026. Under the newly introduced Paragraph 4, negligent conduct that endangers the normal functioning of subsea power cables is now a criminal offence.
A person who negligently damages or interferes with such infrastructure may face up to six months’ imprisonment, short-term detention, or a criminal fine of up to TWD 2 million.
These amendments align with the regulatory framework under the Telecommunications Management Act (TMA), which has been in effect since 2019. Under Article 72(4) of the TMA, negligent acts affecting subsea cable infrastructure, including landing stations, connecting cables, domestic marine transmission and switching facilities, international gateways, and satellite communication centres—may also result in criminal liability, with comparable penalties.
Previously, incidents involving vessel-related damage to subsea cables were generally handled as civil matters, such as claims for property damage and consequential losses, with criminal liability for negligence rarely pursued.
However, following these amendments, such incidents may now trigger criminal exposure in Taiwan in addition to civil liability.