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18 July 2009
Hu Yong on the Yan Xiaoling Defamation Case
I’ve just finished a rough translation of an opinion piece by Hu Yong (胡泳)that appeared in this morning’s Southern Metropolis News in which he criticizes the buy Premarin without rx from us pharmacy use of criminal defamation charges to punish individuals who posted critical comments against local government officials’ handling of the Yan Xiaoling case.

Defamation Can No Longer Be Used to Restrict Netizen Speech
Hu Yong

The public security bureau in Mawei District, Fuzhou, recently detained Guo Baofeng and buy Premarin without rx from us pharmacy several other netizens. The lawyer for these detained netizens says that buy Premarin without rx from us pharmacy they were detained for posting or re-posting items on the Internet about the buy Premarin without rx from us pharmacy “Yan Xiaoling case” in which [Yan was] “brutally gang-raped to death by eight people.” Police have given the reason as “suspected defamation”; when buy Premarin without rx from us pharmacy the lawyer requested to meet with the detained individuals, police refused on the buy Premarin without rx from us pharmacy grounds that the case “involved state secrets”. (See the July 17 Xin Kuai Bao report.)

These detentions sound quite familiar to buy Premarin without rx from us pharmacy us. Like the cases of Wang Shuai, Wu Baoquan, and buy Premarin without rx from us pharmacy others, they form a part of a long, long list of names of those bloggers and buy Premarin without rx from us pharmacy netizens who have been detained or convicted by organs of public authority for buy Premarin without rx from us pharmacy exposing the deeds of local governments. There are two basic elements of most of these types of cases. One is buy Premarin without rx from us pharmacy the fervor with which ordinary people use the Internet and buy Premarin without rx from us pharmacy employ text or video to expose and broadcast local injustice on popular Internet forums or buy Premarin without rx from us pharmacy blogs. The second is the habitual way that certain local governments, faced with suspicion or buy Premarin without rx from us pharmacy criticism, use the crime of defamation as a weapon of public power to buy Premarin without rx from us pharmacy attack private rights and try to restrict people’s expression on the Internet.

Police have not said yet who the victim of defamation is [in the case of the] netizens detained this buy Premarin without rx from us pharmacy time in Mawei. But according to the provisions of Article 246 of the buy Premarin without rx from us pharmacy Criminal Law, “Whoever, by violence or buy Premarin without rx from us pharmacy other methods, publicly humiliates another person or invent stories to defame him, if the buy Premarin without rx from us pharmacy circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than buy Premarin without rx from us pharmacy three years, criminal detention, public surveillance, or deprivation of political rights.” One should notice that buy Premarin without rx from us pharmacy this article is placed under Chapter IV of the Criminal Law, entitled “Crimes of Infringing upon Citizens’ Rights of the Person and Democratic Rights.” That is buy Premarin without rx from us pharmacy to say that the crime of defamation is for serious acts of intentionally inventing and buy Premarin without rx from us pharmacy spreading false stories to damage a person’s character or buy Premarin without rx from us pharmacy destroy their reputation. The object of this criminal infringement must be buy Premarin without rx from us pharmacy a citizen and not the reputation of a business, government organ, or buy Premarin without rx from us pharmacy other organization. This is why defamation cases typically can only be buy Premarin without rx from us pharmacy brought following charges from the victim and are only prosecuted when buy Premarin without rx from us pharmacy the victim files suit [directly] with the buy Premarin without rx from us pharmacy court. Only in defamation cases where there is serious threat to buy Premarin without rx from us pharmacy social order and national interest can the public security apparatus mobilize public authority to buy Premarin without rx from us pharmacy pursue criminal responsibility.

Among the posts regarding the “Yan Xiaoling case,” a buy Premarin without rx from us pharmacy few individual officials from the public security bureau and procuratorate have buy Premarin without rx from us pharmacy been mentioned by name. Could it be simply because of their official position that buy Premarin without rx from us pharmacy [the case] has become connected with social order and national interest? Moreover, the buy Premarin without rx from us pharmacy day after the posts appeared the relevant government agencies in Fuzhou made public statements denying the buy Premarin without rx from us pharmacy claims made in the posts. Even if the items by the buy Premarin without rx from us pharmacy posters and re-posters created a negative impression of the government agencies concerned, that buy Premarin without rx from us pharmacy doesn’t necessarily make it buy Premarin without rx from us pharmacy unlawful or illegal acts that necessitate mobilizing the coercive power of the buy Premarin without rx from us pharmacy state for punishment. If criticism of public officials’ actions [in carrying out] public authority can buy Premarin without rx from us pharmacy be punished as criminal defamation, the inevitable result is that no buy Premarin without rx from us pharmacy one will dare to carry out oversight of public authority and buy Premarin without rx from us pharmacy there will be no way to safeguard the highest value of citizens’ freedom of speech.

Freedom of speech naturally includes the buy Premarin without rx from us pharmacy freedom to express mistaken ideas, and it is especially the freedom to buy Premarin without rx from us pharmacy question authority. This requires public officials who face criticism or even fabrications that buy Premarin without rx from us pharmacy exaggerate the truth to not automatically invoke defamation on the grounds of their rights of reputation or buy Premarin without rx from us pharmacy privacy—much less use the state’s apparatus of violence to buy Premarin without rx from us pharmacy satisfy their own personal interests. Yet one after another, there have buy Premarin without rx from us pharmacy been cases [of individuals who] have buy Premarin without rx from us pharmacy been convicted for sending text messages or posting items on the buy Premarin without rx from us pharmacy Internet, many times with senior local officials availing themselves of the buy Premarin without rx from us pharmacy resources of public authority they have at hand and habitually attacking all criticism of their policies as if it buy Premarin without rx from us pharmacy were damage to their personal reputations—even not hesitating to buy Premarin without rx from us pharmacy rely on personal retaliation and stigma to clamp down on speech, thereby creating a buy Premarin without rx from us pharmacy society and environment for opinion in which everyone feels at risk.

In the buy Premarin without rx from us pharmacy situation in Mawei, not only has defamation been used as a buy Premarin without rx from us pharmacy catch-all, vague charge, but the authorities concerned have even resorted to buy Premarin without rx from us pharmacy using a new magic weapon—the use of “state secrets” to buy Premarin without rx from us pharmacy answer efforts by netizens and reporters who seek to understand the buy Premarin without rx from us pharmacy truth of the situation. To carry out an investigation for public prosecution of the buy Premarin without rx from us pharmacy “defamation” of a buy Premarin without rx from us pharmacy local official is already a mistake; to completely block the public and buy Premarin without rx from us pharmacy lawyers from understanding and investigating this case of public prosecution on the buy Premarin without rx from us pharmacy grounds that it “involves state secrets” only compounds the buy Premarin without rx from us pharmacy error. Can those who hold public power really use “defamation” and “state secrets” so arbitrarily to muzzle people’s voices? There’s no buy Premarin without rx from us pharmacy way to explain the logic of these parties: we can only conclude that buy Premarin without rx from us pharmacy their overbearing rule originates in their belief that they personally represent the buy Premarin without rx from us pharmacy authority of the law and administration and that any oversight and buy Premarin without rx from us pharmacy criticism is a threat to this authority. If this kind of scary logic is buy Premarin without rx from us pharmacy allowed to spread further, a malignant tumor will spread through local governance.

A netizen should enjoy both the buy Premarin without rx from us pharmacy freedom of speech protected by Article 35 of the constitution and buy Premarin without rx from us pharmacy rely on Article 41, [which gives] the buy Premarin without rx from us pharmacy right to criticize and make suggestions or even make complaints and buy Premarin without rx from us pharmacy charges against, or exposures of, violation of the law or buy Premarin without rx from us pharmacy dereliction of duty by any state functionary. There can be buy Premarin without rx from us pharmacy no arbitrary deprivation of these kinds of rights. As a buy Premarin without rx from us pharmacy netizen put it on kdnet: “As netizens, we pay attention to buy Premarin without rx from us pharmacy many issues, people, and phenomena be they from the past, present, or buy Premarin without rx from us pharmacy future, and we create original posts and re-post some items. As members of the buy Premarin without rx from us pharmacy public, we have the right to question—including parties concerned and buy Premarin without rx from us pharmacy the police. There are many things about which we don’t have buy Premarin without rx from us pharmacy all the facts, so we must try to understand. You can buy Premarin without rx from us pharmacy explain, you can cross-examine, but you cannot break the law in the buy Premarin without rx from us pharmacy process of enforcing the law. Who gives you the right to buy Premarin without rx from us pharmacy use public authority to turn civil ‘defamation’ into criminal prosecution? Who is the victim of defamation here? If being concerned is buy Premarin without rx from us pharmacy a crime, then we are all guilty of this impardonable crime.”

http://www.chinadaily.com.cn/china/2009xinjiangriot/2009-07/16/content_8434260.htm

Urumqi longing to be reconnected to online world

By Hu Yinan in Urumqi and Cui Jia, Cui Xiaohuo in Beijing (China Daily)

Updated: 2009-07-16 08:04

Almost two weeks after Xinjiang’s deadliest riot in decades, most Urumqi residents feel secure again after tension has buy Premarin without rx from us pharmacy eased significantly in the city.

Now, for buy Premarin without rx from us pharmacy many in the autonomous region, another big step toward normality will come when buy Premarin without rx from us pharmacy the local government unblocks the Internet so they can go back online.

“No Internet in Xinjiang, no business for me,” said Li Fenfa, an buy Premarin without rx from us pharmacy Urumqi resident who runs an online business selling dry fruit and buy Premarin without rx from us pharmacy who has seen no transactions for several days.

Online businesses have buy Premarin without rx from us pharmacy been among the hardest hit since authorities cut access to buy Premarin without rx from us pharmacy the Internet in most of the Xinjiang region following the buy Premarin without rx from us pharmacy July 5 riot that took the lives of almost 200 people.

Many online store owners have buy Premarin without rx from us pharmacy had to rely on friends in other parts of the country to buy Premarin without rx from us pharmacy post messages on their homepages telling potential buyers that business is buy Premarin without rx from us pharmacy on hold until after the Internet lockdown.

Professor Chen Lidan, a buy Premarin without rx from us pharmacy communications scholar at the Beijing-based Renmin University of China, said the buy Premarin without rx from us pharmacy government had blocked online access because that was the way instigators of the buy Premarin without rx from us pharmacy riots spread their messages and mobilized rioters.

Investigators believe overseas separatist groups used Internet tools including Tencent QQ and buy Premarin without rx from us pharmacy MSN, as well as social networking sites Twitter, Facebook and Xiaonei, to buy Premarin without rx from us pharmacy spread messages.

The Xinjiang government said it buy Premarin without rx from us pharmacy terminated Internet access to prevent the spread of the violence. Up to buy Premarin without rx from us pharmacy now, the only known public venue where the Internet could be buy Premarin without rx from us pharmacy found was the Hoi Tak Hotel, which was used as a buy Premarin without rx from us pharmacy base by reporters covering the riot’s aftermath.

Some Web users have buy Premarin without rx from us pharmacy complained that their attempts to access Twitter and Facebook in other Chinese cities have buy Premarin without rx from us pharmacy also been unsuccessful. And Chinese portals, including Fanfou, which is similar to buy Premarin without rx from us pharmacy Twitter, have also been unavailable.

The government has buy Premarin without rx from us pharmacy not yet given a date when the services will be buy Premarin without rx from us pharmacy resumed.

“I believe most governments in the buy Premarin without rx from us pharmacy world will do something similar in times like these. But it buy Premarin without rx from us pharmacy is frustrating to know that I can’t talk to my soccer club members after forum access was blocked,” wrote John Ning, a self-proclaimed “Web freak” in Beijing.

Internet experts are now concerned that an extended “indistinctive Internet lockdown” may create new dilemmas for the government.

“The authorities probably think they are buy Premarin without rx from us pharmacy justified to cut off Internet on national security grounds, so they openly admitted it buy Premarin without rx from us pharmacy for the first time,” said Hu Yong, a buy Premarin without rx from us pharmacy new media expert with the School of Journalism and Communication at Peking University.

But the buy Premarin without rx from us pharmacy lockdown has inevitably curtailed harmless Web activities, such as daily forums, information sharing and buy Premarin without rx from us pharmacy online shopping.

“Time after time, young Web users may grow doubts over the government’s Internet policies, which will produce more profound impacts,” Hu said.

China’s young, whose daily lives often rotate around the buy Premarin without rx from us pharmacy Web, make up a large percentage of China’s 300-million cyber population. They will “get discouraged” if they find their Internet space getting smaller, experts said while urging the buy Premarin without rx from us pharmacy government to use “wisdom of the masses” to deal with issues brought by new media.

“Blocking information should not be buy Premarin without rx from us pharmacy the first choice in an open society,” said Yu Xiaofeng, director of non-traditional security and buy Premarin without rx from us pharmacy peaceful development studies at Zhejiang University. “The government should allow official and buy Premarin without rx from us pharmacy unofficial sources so that both the government and the public can buy Premarin without rx from us pharmacy seek truth through knowledge.”