News / Asia

    Beijing Defends Law Criminalizing Online Speech

    A man scratches his face as he uses a computer at an internet cafe in Hefei in China's Anhui province, March 16, 2012.
    A man scratches his face as he uses a computer at an internet cafe in Hefei in China's Anhui province, March 16, 2012.
    VOA News
    Chinese authorities are defending controversial new online content policies that critics say further restrict speech on China's already heavily censored Internet.
     
    On Monday, the country’s judicial authorities, the Supreme People’s Court and Supreme People’s Procuratorate, issued a legal interpretation of the crime of defamation to include information shared on the Internet.
     
    The measure states that people who post offensive micro blog posts that are forwarded by 500 people or viewed by at least 5,000 users could be charged with defamation, and face prison. The list of banned activities includes spreading online rumors, stirring up troubles, disrupting public order and harming China’s national interest.
     
    Although the top court said the new interpretation of the defamation law is the result of more than a year of research and consultation with government departments and lawyers, internet users and Chinese legal analysts are questioning its legal basis.
     
    Commentaries in state-backed media have defended the new measures. In the People’s Daily on Friday, a commentary said opponents of the law must understand that “freedom of speech is not freedom from rumor.” It argued that without rules governing online speech, it “will ultimately corrupt public order.”

    Earlier this week, businessman and high-profile blogger Pan Shiyi made an appearance on state broadcaster CCTV to express support to the interpretation. Pan, who has more than 16 million followers on his microblog, said users should be 'more disciplined' on the Internet.
     
    A legal debate
     
    The guidelines were published after a month when authorities intensified controls on the Internet. More than one hundred people have been arrested for spreading rumors online through micro blogs and chats.
     
    Lawyer Pu Zhiqiang says the new measures  give police legal powers to censor online speech and prosecute those who create or even pass along content deemed defamatory.

    “In China the Internet gives many the chance to express their ideas and thus advance the freedom of expression, but now the police will have an easy excuse to shut down conversation online” he says.
     
    Li Datong, a former journalist whose work has been censored by authorities, said the court’s document is unconstitutional.
     
    “It hasn’t been submitted for revision or undergone a legal debate” says Li. He thinks authorities are trying to fill in the legal gaps of censorship. “Just because some police actions sparked fierce controversy, it now creates a legal basis for the police to act in the way they want,” he said.
     
    Chinese internet users are required to use their real names when registering online blogs or social media accounts. Critics say the law is unfair because people have no control over how many others view or repost content that may be objectionable. There is also the issue of “proving” cyber defamation merely from counting the number of people who have viewed an objectionable post.
     
    “The libel is a crime defined by the serious outcome of the defamation. But on the internet it is not easy to determine whether reading a post or forwarding it really does a great damage,” said lawyer Pu Zhiqiang.
     
    All agree that the new rules enhance censors’ power over online discussions.
     
    Jeremy Goldkorn, director of Danwei, a firm specializing in analyzing China’s internet, said the rules enforce controls on speech without having to define what content is banned.
     
    “It’s a clever way of framing the control because you’re not saying you can’t write anything online, you’re saying if you write something online and it gets spread widely you’ll be held responsible,” said Goldkorn. 

    Rumor hunting
     
    The judicial interpretation has sparked reactions among the more than 500 million people who have a registered account on Sina Weibo, the main micro blog platform.
     
    One user writes "what they say is reasoning, what we say is rumors," and another echoes "this is an international mockery."
     
    Many do not believe the guidelines will scare Chinese internet users, who have found a haven for independent and freewheeling discussion on the country’s internet.
     
    “I think it will have a short term chilling effect, it’s obviously a coordinated campaign designed to take back control of the dominant narrative on social media and make it much more difficult for outsiders’ voices to express criticism,” said Goldkorn, adding online discussions will continue.
     
    Others, such as former journalist Li Datong, suggest the regulations could create social disruptions by further driving government criticism underground.
     
    “They don’t know that the Internet is simply the valve of a bigger pressure underneath," said Li. "They think that if you don’t talk about something it doesn’t exist. But it’s like a pressure cooker. If you don’t let a bit of air out the cooker explodes. So explodes the Chinese society if you don’t let people express their problems and grievances,” he said.
     
    The Chinese government disagrees. This week, a spokesman for the foreign ministry said that China’s Internet is not outside the law and the government’s actions have been “highly supported” by Chinese internet users

    You May Like

    Video Democrats Clinton, Kaine Offer 'Very Different Vision' Than Trump

    In a jab at Trump, Clinton says her team wants to 'build bridges, not walls'; Obama Hails Kaine's record; Trump calls Kaine a 'job-killer'

    Turkey Wants Pakistan to Close Down institutions, Businesses Linked to Gulen

    Thousands of Pakistani students are enrolled in Gulen's commercial network of around two dozen institutions operating in Pakistan for over two decades

    AU Passport A Work in Progress

    Who will get the passport and what the benefits are still need to be worked out

    This forum has been closed.
    Comment Sorting
    Comments
         
    by: Anonymous
    September 13, 2013 1:51 AM
    You lose face to abroad...

    Featured Videos

    Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
    In State of Emergency, Turkey’s Erdogan Focuses on Spiritual Movementi
    X
    July 22, 2016 11:49 AM
    The state of emergency that Turkish President Recep Tayyip Erdogan has declared is giving him even more power to expand a purge that has seen an estimated 60,000 people either arrested or suspended from their jobs. VOA Europe correspondent Luis Ramirez reports from Istanbul.
    Video

    Video In State of Emergency, Turkey’s Erdogan Focuses on Spiritual Movement

    The state of emergency that Turkish President Recep Tayyip Erdogan has declared is giving him even more power to expand a purge that has seen an estimated 60,000 people either arrested or suspended from their jobs. VOA Europe correspondent Luis Ramirez reports from Istanbul.
    Video

    Video Scientists in Poland Race to Save Honeybees

    Honeybees are in danger worldwide. Causes of what's known as colony collapse disorder range from pesticides and loss of habitat to infections. But scientists in Poland say they are on track to finding a cure for one of the diseases. VOA’s George Putic reports.
    Video

    Video Wall Already Runs Along Parts of US-Mexico Border

    The Republican Party’s presidential nominee, Donald Trump, gained the support of many voters by saying he would build a wall to keep undocumented immigrants and drugs from coming across the border from Mexico. Critics have called his idea impractical and offensive to Mexico, while supporters say such a bold approach is needed to control the border. VOA’s Greg Flakus has more from the border town of Nogales, Arizona.
    Video

    Video New HIV Tests Emphasize Rapid Results

    As the global fight against AIDS intensifies, activists have placed increasing importance on getting people to know their HIV status. Some companies are developing new HIV testing methods designed to be quick, easy and accurate. Thuso Khumalo looks at the latest methods, presented at the International AIDS conference in Durban, South Africa.
    Video

    Video African Youth with HIV Urge More Support

    HIV, the virus that causes AIDS, is the top killer of teens in sub-Saharan Africa. But many youths say their experience with the virus is unique and needs to be addressed differently than the adult epidemic. VOA South African Correspondent Anita Powell reports.
    Video

    Video Poor Residents in Cleveland Not Feeling High Hopes of Republican Convention

    With the Republican Party's National Convention underway in Cleveland, Ohio, delegates and visitors are gathered in the host city's downtown - waiting to hear from the party's presidential candidate, Donald Trump. But a few kilometers from the convention's venue, Cleveland's poorest residents are not convinced Trump or his policies will make a difference in their lives. VOA's Ramon Taylor spoke with some of these residents as well as some of the Republican delegates and filed this report.
    Video

    Video Pop-Up Art Comes to Your Living Room, Backyard and Elsewhere

    Around the world, independent artists and musicians wrestle with a common problem: where to exhibit or perform? Traditional spaces such as museums and galleries are reserved for bigger names, and renting a space is not feasible for many. Enter ArtsUp, which connects artists with venue owners. Whether it’s a living room, restaurant, office or even a boat, pop-up events are bringing music and art to unexpected places. Tina Trinh has more.
    Video

    Video With Yosemite as Backdrop, Obama Praises National Parks

    Last month, President Barack Obama and his family visited some of the most beautiful national parks in the U.S. Using the majestic backdrop of a towering waterfall in California's Yosemite National Park, Obama praised the national park system which celebrates its 100th anniversary this year. He talked about the importance of America’s “national treasures” and the need to protect them from climate change and other threats. VOA’s Julie Taboh reports.
    Video

    Video Counter-Islamic State Coalition Plots Next Steps

    As momentum shifts against Islamic State in Iraq, discussions are taking place about the next steps for driving the terrorist group from its final strongholds. Secretary of State John Kerry is hosting a counter-IS meeting at the State Department, a day after defense ministers from more than 30 countries reviewed and agreed upon a course of action. VOA Pentagon correspondent Carla Babb reports.
    Video

    Video Russia's Participation at Brazil Olympic Games Still In Question

    The International Olympic Committee has delayed a decision on whether to ban all Russian teams from competing in next month's Olympic Games in Brazil over allegations of an elaborate doping scheme. The World Anti-Doping Agency recently released an independent report alleging widespread doping by Russian athletes at the 2014 Winter Olympics in Sochi. So far, only Russian track and field athletes have been barred from the Summer Games in Brazil. VOA's Zlatica Hoke has more.
    Video

    Video Scotland’s Booming Whisky Industry Fears Brexit Hangover

    After Britain’s vote to leave the European Union, Scotland’s government wants to break away from the United Kingdom – fearing the nation’s exports are at risk. Among the biggest of these is whisky. Henry Ridgwell reports on a time of turmoil for those involved in the ancient art of distilling Scotland’s most famous product.
    Video

    Video Millennials Could Determine Who Wins Race to White House

    With only four months to go until Americans elect a new president, one group of voters is getting a lot more attention these days: those ages 18 to 35, a generation known as millennials. It’s a demographic that some analysts say could have the power to decide the 2016 election. But a lot depends on whether they actually turn out to vote. VOA’s Alexa Lamanna reports.

    Special Report

    Adrift The Invisible African Diaspora