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Last Updated: Nov 2, 2008 - 1:58:14 PM |
For the first time, a Chinese reporter is daring to challenge state censors in the courts - she deserves our support
By chinafreepress.org (translation)
Nov 2, 2008 - 1:56:49 PM
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A loophole of hope in China
For the first time, a Chinese reporter is daring to challenge state
censors in the courts - she deserves our support
The Chinese news media is tightly controlled. To make things worse,
decisions by the censors are often arbitrary. Propaganda officials
seldom explain to editors and publishers why one story must be deleted
and why some reports are forbidden. There's no clear rule in this area,
and all decisions are based on the officials' personal judgment. Chinese
courts normally won't accept cases relating to the decisions by the
propaganda officials, even if these decisions might destroy a
publication and leave hundreds of people jobless. It is an open secret
that media censorship is still one of the very few areas that are free
from legal supervision.
So it was brave of Cui Fang, a reporter working for China Business Post,
to file a lawsuit on Wednesday against the Bureau of Press and
Publications in the Inner Mongolia Autonomous Region, accusing the
Bureau of violating laws when it ordered a three-month suspension of the
paper.
In July, China Business Post published a story based on Cui Fang's
investigation, reporting that a subsidiary of the Agricultural Bank of
China in Hunan province breached regulations in writing off 4.61bn yuan
(£387m) bad debt, an allegation the bank strongly denied. Two months
later, China Business Post was suspended from publication for three
months by a "superior administration" - believed to be the Bureau of
Press and Publications.
In her complaint, Cui demands the administration lift the suspension of
China Business Post, issue a public apology and pay her a symbolic one
yuan (9p) compensation. According to Zhou Ze, the lawyer representing
Cui, a court in Hohhot (the capital of Inner Mongolia) is now assessing
the lawsuit and will decide whether to accept it later.
This case has attracted wide attention as it is the first time a
journalist has challenged the censors through the courts. Most
journalists and editors I talked to support Cui's decision, but doubt
the case will be upheld by the court.
But Cui's attempt to challenge the censors through the courts is the
first time this legal loophole has been brought to the attention of the
public. Hopefully a debate will follow. Nobody in China expects
censorship to disappear because of this challenge, but if the censors
are forced to hand out clear rules then some progress will have been
made. Undoubtedly, this process will take a long time, since control of
the media is something the Communist party won't give up easily.
In the meantime, even if the court accepts her case, Cui faces the task
of proving her reporting is correct. Some have speculated that the court
will order her to give the names of her sources, several local bank
officials. In her blog, Cui says it would be difficult to persuade those
people to testify before the court. They would lose their jobs if they
did. Cui is facing the double burden of challenging the censors as well
as protecting her sources. She may be fighting a losing battle, but
whatever the outcome, she deserves all our support.
http://www.guardian.co.uk/commentisfree/2008/nov/02/chinathemedia-pressandpublishing
© Copyright 2008 by Boxun News
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