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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 Valtrex online without a prescription and no membership 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 Valtrex online without a prescription and no membership several other netizens. The lawyer for these detained netizens says that buy Valtrex online without a prescription and no membership they were detained for posting or re-posting items on the Internet about the buy Valtrex online without a prescription and no membership “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 Valtrex online without a prescription and no membership the lawyer requested to meet with the detained individuals, police refused on the buy Valtrex online without a prescription and no membership grounds that the case “involved state secrets”. (See the July 17 Xin Kuai Bao report.)

These detentions sound quite familiar to buy Valtrex online without a prescription and no membership us. Like the cases of Wang Shuai, Wu Baoquan, and buy Valtrex online without a prescription and no membership others, they form a part of a long, long list of names of those bloggers and buy Valtrex online without a prescription and no membership netizens who have been detained or convicted by organs of public authority for buy Valtrex online without a prescription and no membership exposing the deeds of local governments. There are two basic elements of most of these types of cases. One is buy Valtrex online without a prescription and no membership the fervor with which ordinary people use the Internet and buy Valtrex online without a prescription and no membership employ text or video to expose and broadcast local injustice on popular Internet forums or buy Valtrex online without a prescription and no membership blogs. The second is the habitual way that certain local governments, faced with suspicion or buy Valtrex online without a prescription and no membership criticism, use the crime of defamation as a weapon of public power to buy Valtrex online without a prescription and no membership 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 Valtrex online without a prescription and no membership time in Mawei. But according to the provisions of Article 246 of the buy Valtrex online without a prescription and no membership Criminal Law, “Whoever, by violence or buy Valtrex online without a prescription and no membership other methods, publicly humiliates another person or invent stories to defame him, if the buy Valtrex online without a prescription and no membership circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than buy Valtrex online without a prescription and no membership three years, criminal detention, public surveillance, or deprivation of political rights.” One should notice that buy Valtrex online without a prescription and no membership 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 Valtrex online without a prescription and no membership to say that the crime of defamation is for serious acts of intentionally inventing and buy Valtrex online without a prescription and no membership spreading false stories to damage a person’s character or buy Valtrex online without a prescription and no membership destroy their reputation. The object of this criminal infringement must be buy Valtrex online without a prescription and no membership a citizen and not the reputation of a business, government organ, or buy Valtrex online without a prescription and no membership other organization. This is why defamation cases typically can only be buy Valtrex online without a prescription and no membership brought following charges from the victim and are only prosecuted when buy Valtrex online without a prescription and no membership the victim files suit [directly] with the buy Valtrex online without a prescription and no membership court. Only in defamation cases where there is serious threat to buy Valtrex online without a prescription and no membership social order and national interest can the public security apparatus mobilize public authority to buy Valtrex online without a prescription and no membership pursue criminal responsibility.

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

Freedom of speech naturally includes the buy Valtrex online without a prescription and no membership freedom to express mistaken ideas, and it is especially the freedom to buy Valtrex online without a prescription and no membership question authority. This requires public officials who face criticism or even fabrications that buy Valtrex online without a prescription and no membership exaggerate the truth to not automatically invoke defamation on the grounds of their rights of reputation or buy Valtrex online without a prescription and no membership privacy—much less use the state’s apparatus of violence to buy Valtrex online without a prescription and no membership satisfy their own personal interests. Yet one after another, there have buy Valtrex online without a prescription and no membership been cases [of individuals who] have buy Valtrex online without a prescription and no membership been convicted for sending text messages or posting items on the buy Valtrex online without a prescription and no membership Internet, many times with senior local officials availing themselves of the buy Valtrex online without a prescription and no membership resources of public authority they have at hand and habitually attacking all criticism of their policies as if it buy Valtrex online without a prescription and no membership were damage to their personal reputations—even not hesitating to buy Valtrex online without a prescription and no membership rely on personal retaliation and stigma to clamp down on speech, thereby creating a buy Valtrex online without a prescription and no membership society and environment for opinion in which everyone feels at risk.

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

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

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