一九八○年代初期臺灣黨外政論雜誌查禁之探究

一九八○年代，臺灣有關出版刊物、言論自由的相關法律，分別為：「憲法」、「戒嚴法」、「出版法」與「臺灣地區戒嚴時期出版物管理辦法」；而出版物之主管單位，分別為：行政院新聞局、警備總部和各省（市）及縣（市）政府。黨外雜誌之所以會在臺灣發揮特殊作用的原因有很多，例如創辦雜誌需要的創辦費用較少；雜誌較具彈性，較能適應審查制度的不穩定性，因為雜誌的生存，並不全然依賴按時出版。更者，雜誌的物理特徵（保護性的封面，較能持久的紙張），也使它們較易在地下讀者圈中流通。此外，一九八○年代末期前臺灣的政治環境，使雜誌成了唯一能傳播反對派觀點的大眾傳播媒介。由於政府禁止登記新報，加上報紙受到許多限制，使反對派很難利用報紙作為媒介。而登記新雜誌雖然也難，但並非不可能，而且雜誌通常沒有篇幅的限制，在相當大的程度上，避免了政府的間接控制。臺灣的新聞媒體，以往均在嚴密的法律及國民黨的監督控制下受到嚴格的限制。權威當局應用這些法律的限制，來制裁不當的出版品；國民黨也指示媒體必須遵照黨的政策行事。1988年之前，有關法律及政府政策雖嚴格限制新報紙的成立，但週刊或月刊式的政論刊物，卻在反對黨間盛行。這些刊物為反對人士提供了批評時政及宣傳主張的管道，及提供某些的收入來源。這些刊物紛紛打破禁忌，嚴厲攻擊國民黨領袖人物的私生活。然而反對派人士運用政論雜誌的言論自由，卻經常踰越官方所能容忍的限度，當局則以停刊、查扣、沒收的方式作為回應。一九八○年代初期，有關當局查禁黨外雜誌的理由很多，當時許多黨外雜誌每期均被查禁，而查禁的通知書卻鮮少列出理由或事實，令人不知為何被禁。查禁、查扣、停刊的事件處處可見，始終沒有一定的取締標準。「壓制言論自由」，對於臺灣在國際上的形象，造成莫大的傷害。

關鍵字

黨外政論雜誌；戒嚴法；言論自由；出版品查禁；警備總部

並列摘要

In the 1980s, the laws related to the publication of magazines and freedom of speech were the Constitution, the Martial Law, the Publication Law, and The Regulations on Publishing during the Period in which the Martial Law is enforced in Taiwan, and the institutions responsible for the regulation of publications were Government Information Office, Head Office of Garrison Command, and Provincial and City Governments. There were many reasons for the non-Nationalist magazines to emerge. For one thing, they were less expensive to publish. For another, they were more flexible, more adaptable to varying screening measures. Furthermore, the physical features of the magazines, e.g., the protective covers and durable paper, enabled them to circulate among the underground readers. Besides, the political situations of the 1980s made it possible for the magazines to be the only mass medium in publicizing the opposing political views. As the National Government then prohibited the issuance of new newspapers, and as newspapers were often restrained in phrasing opposing ideas, the magazines became the only means for those who wished to express something different from the Nationalist Party. Although to run a magazine of the kind was not without difficulties, it was not impossible. Besides, it had more freedom on speech without being directly interfered by the government. The mass media in Taiwan had long been strictly monitored by the Nationalist (kuomintang) Party as well as rigorous laws. The authority used the laws to sanction improper publications. The media must follow the Party's rules in deciding their contents and other activities. By 1988, the publication of newspapers was largely restricted, but the issuance of weekly and monthly magazines began to popularize among the opposing parties. They became the major means for the opposing parties to express their opinions as well as for making a living. They daringly broke the rules and seriously attacked the privacies of political celebrities. The freedom of speech demonstrated by those magazines often transgressed the limits set by the National Government, and as a result were often banned or confiscated. In the early 1980s, the National Government had many reasons for banning or confiscating the magazines, but they were seldom known by the public. Besides, there were no standards for the banning. This was considered as a form of ”suppressing the freedom of speech,” and had thus damaged the image of the nation.