疫情之下的言論自由──自康德法權觀點出發的若干省思

Freedom of Expression in a Time of Pandemic－－In the Perspective of Kant’s Idea of Right

2019 年12 月底開始流行的嚴重特殊傳染性肺炎(COVID-19)為生活帶來遽變，生存的焦慮致使疫情謠言和不實訊息蔓延橫行，政府透過司法裁決強力防制的同時，亦面對保障言論自由的訴求。本文嘗試從康德的法權觀點出發，說明疫病防治不侷限於醫學研究領域，而是一旦以公衛角度視之，就必然會牽動法律制定與國家整體發展政策的討論，因此，即使在此急難狀態下，也必須依循法治原則竭力保障言論自由，這不僅是因為「言論自由是人民權利之唯一的守護神」，亦是因為唯有經過充分討論及溝通的規範和政策，才能真正發揮其效力，引領所有人重新回到正常生活。

The outbreak of COVID-19, which began in late December 2019, changed our lives dramatically. Epidemic rumors and unrealistic information emerged when survival anxiety spread. The system of judgement and punishment may reduce the dissemination of rumors and false information, but at the cost of restriction of our freedom of expression. With Kant’s notion of right, this article attempts to elaborate that the protection of freedom of expression under the Rule of Law is absolute essential to the control of epidemic, while this extreme difficult task is not only supported by medical research. In perspective of public health, the control of dieses is also closely related to legislation and lasting development policy of a state. As Kant said: “The freedom of the pen is the only safeguard of people’s rights.” But besides that, the philosopher pointed out only the laws and policies which because of intensive discussion and cautious deliberation were recognized by members of a political community, could really ensure their normative validity and help us back to normal lives.