Thinking about privacy: some Red Flag comments on the human flesh search engine

This response to a sent-in letter was published in Red Flag Magazine on 21 May. It discusses, at an extremely superficial level, different privacy-related regimes around the world. It identifies China’s well-known human flesh search engine phenomenon as being particularly unique to China, although privacy issues are a topic of interest and concern around the world as well. I could not find two of the legal documents it cites, the purported U.S. “Provisional Citizen Online Privacy Rights Protection Regulations” and EU “Common Principles for the Protection of Individual Privacy on the Internet”, through a quick Google search, and would appreciate information as to which documents these really are – or whether these perhaps are fictitious. Interestingly, the article refers to the need for a rights-based approach in dealing with privacy issues online, in order to avoid majoritarian dictatorship. 

Do Western Countries Permit the “Human Flesh Search Engine?”

Question: Comrade Editor, greetings. Over the past few years, there have been an increasing number of “human flesh search engine” incidents, the problem that the individual right to privacy is infringed is also increasingly prominent. I’d like to ask, do similar incidents occur in Western countries? Do they permit “human flesh search engines”?

Anhui reader, Li Jian

Comrade Li Jian:

Greetings! It is as you said in your letter, because the enormous number of netizens who participate in “human flesh search engines”, they have a huge and inestimable power in searching for and providing information and clues, their “intelligence” also can also definitely not be compared with machine technology and other such measures. The “human flesh search engine” is similar to a double-edged sword. On the one hand, it brings a powerful moral standard for and public opinion supervision over social life through the network; on the other hand, it extremely easily infringes individual privacy rights, and even gives easy rise to the spread of network violence.

The “human flesh search engine” is something that many Chinese netizens are fond of. From to “cat abuse woman” in Tianya to the boastful housing bureau director “Zhou Jiugeng”, and the smiling bureau director “Yang Dacai”, as well as to “Guo Meimei”, showing off her wealth online, as well as the “Huanan Tiger Picture”, “Dead Blogs” and other incidents, the “human flesh search engine” has increasingly displayed the power and killing force of the Internet. Nowadays, marital unfaithfulness, animal abuse, household violence and even publishing articles may run into the “human flesh search engine”, as long as you are “hot” enough.

The English “Times” newspaper evaluated thusly: “The “human flesh search engine” is a uniquely Chinese phenomenon in this digital era”. The American “Los Angeles Times” believes that “China’s “human flesh search engine” outshines Interpol”.

In fact, the “human flesh search engine” was invented in China first. Inside the country, netizens are able to relatively autonomously publish their own opinions through the network, this is the most important factor why the “human flesh search engine” could spread like wildfire in China. Even though “human flesh search engine” incidents also occur abroad, it is not as grave as in China, because abroad, management is extremely strict.

In the United States, where the Internet is omnipresent, “human flesh search engine” incidents aren’t often seen. The United States pays extreme importance to the protection of individual data and privacy, and has respectively published the “Federal Electronic Communications Privacy Act”, the “Provisional Citizen Online Privacy Rights Protection Regulations”, the “Children’s Online Privacy Protection Act” and other laws and regulations, to punish online infringement incidents. According to reports, on 18 August 2009, a women in the U.S. state of Missouri, Elizabeth Thrasher, used “human flesh search engine” methods to retaliate against a love rival, and posted individual private material of her 17-year old rival online, suggesting that she was looking for a one-night stand, this woman was accused of the crime of “cyber bullying” by the prosecutor, and was sued for a felony.

In Japan, if private information of criminals or other victims appears online, the network management company can carry out some management, where the words used are overly sharp, it can be deleted.

The “human flesh search engine” has also been lively in South Korea for a while, the Seoul Underground “Dog Dropping Lady” incident and the “Actress Choi Jin-Sil Suicide Due to Rumours” incident both promoted the establishment of an online real-name system in South Korea, which progressively calmed down the “human flesh search engine”. In South Korea, revealing other persons’ address and similar information online is an unlawful act. Even though the target of the “human flesh search engine” harmed the interests of other people, and even where they are “targets of public criticism”, legal channels should be sought to resolve matters, and it is not permitted for netizens to resolve them on their own.

The European Union stresses the protection of individual materials through legislation, and promulgated the “European Union Individual Data Protection Directive”, the “Common Principles for the Protection of Individual Privacy on the Internet” and other corresponding laws and regulations, which established a unified legal and regulatory structure for online privacy protection in the member states.

Since a number of years, many people have wrongly believed that the network could protect individual information that they therefore could speak out freely. But, following the development of all sorts of sorts of social interaction websites, the popularization of smartphones with photographing capabilities, as well as the development of all sorts of free photo-uploading websites, privacy has become the weakest link of the network. But even if obtaining individual information is so easy, proper freedom of speech and social evaluation should still be established on the basis of respecting individual rights. Societies sacrificing individual rights to obtain “justice” are disordered and fearful, they are no different from drinking poison to quench thirst. There are netizens who say that this term “human flesh search engine” lets people’s backs feel chilly, the level of terror of its literal meaning and the killing power they have in reality are cut from the same cloth. In the era of the information explosion, today, the “human flesh search engine” goes after someone else, tomorrow, it’s you, if this sort of “tyranny of the majority” becomes fashionable in the entire country, all of us may meet with such “treatment”.

　　西方国家允许“人肉搜索”吗？

问：编辑同志，您好。近些年，“人肉搜索”事件越来越多，个人隐私权被侵犯的问题也越来越突出。请问，西方国家有没有类似事件？他们允许“人肉搜索”吗？

安徽读者：李建

李建同志：

您好！正如您信中所说， “人肉搜索”由于海量网友的参与，在搜寻和提供信息、线索方面，具有难以估量的巨大威力，它的“智能性”也远非机器技术等手段可以比拟。 “人肉搜索”就如同一把双刃剑。一方面通过网络对社会生活进行有力的道德规范、舆论监督；另一方面极易侵犯个人的隐私权，甚至还容易引起网络暴力的蔓延。

“人肉搜索”为许多中国网友所热衷。从天涯“虐猫女”，到最牛房产局长“周久耕”、微笑局长“杨达才”，再到网络炫富“郭美美”，以及“华南虎照片”、“死亡博客”等事件，“人肉搜索”越来越显示出互联网的威力和杀伤力。如今，婚姻不忠、虐待动物、家庭暴力，甚至发表文章都会遭到“人肉搜索”，只要你足够“火”。

英国《泰晤士报》如此评价：“‘人肉搜索’对于这个数字化时代而言，就是一个独特的中国现象。”美国《洛杉矶时报》认为：“中国的‘人肉搜索’让国际刑警组织都黯然失色。”

的确，“人肉搜索”最先由中国人发明。在国内，网民能够通过网络较为自主地发表自己的见解，这也是“人肉搜索”能在中国如火如荼的最主要原因之一。尽管国外也有“人肉搜索”事件发生，但没有中国这么严重，因为国外管理非常严格。

在互联网四通八达的美国，“人肉搜索”事件却并不常见。美国非常注重个人数据和隐私权的保护，先后制定了《联邦电子通讯隐私法案》、《公民网络隐私权保护暂行条例》、《儿童网上隐私保护法》等法律法规，对网络侵权事件加以惩罚。据报道，2009年8月18日，美国密苏里州妇女伊莉莎白—斯瑞雪为报复情敌，使出了“人肉搜索”的招数，将情敌17岁女儿的个人隐私资料贴到网上,并暗示她寻找一夜情，这名妇女被检察官控以“网络欺凌”罪，并遭到重罪起诉。

在日本，如果网络上出现了犯罪者或其他受害人的私人信息，网络管理公司就会进行一些管理，言辞过于激烈就会被删除。

“人肉搜索”在韩国也曾热闹过一时，首尔地铁“狗屎女”事件和“演员崔真实因传言自杀”事件一同推动了韩国网络实名制的确立， 让“人肉搜索”逐渐平静下来。在韩国，在网络上暴露他人的住址等信息是违法行为。即使“人肉搜索”的对象侵害了别人的利益，甚至已经是“众矢之的”，也应该寻求法律途径加以解决，网友自行解决是不允许的。

欧盟更加注重通过立法保护个人资料，先后通过《欧盟个人资料保护指令》、《因特网上个人隐私权保护的一般原则》等相关法规，在成员国内建立起有关网络隐私权保护的统一法律法规体系。

多年以前，很多人以为网络可以保护个人的隐私所以畅所欲言。但是，随着各种社交网站的发展，具有照相功能的智能手机的普及，以及各种可以免费上传照片网站的发展，使得隐私成为网络中最薄弱的环节。但即使获取个人信息再容易，正常的言论自由和社会评价也应建立在尊重个体权利的基础上。牺牲个体权利获取“正义”的社会是无序和可怕的，无异于饮鸩止渴。有网友就说，“人肉搜索”这个词让人后背凉飕飕，其字面意思之恐怖程度和其现实实践中的杀伤力如出一辙。在信息爆炸的年代，“人肉搜索”今天是他，明天就是你，这种“多数人的暴政”如果得以风行整个国家，我们每个人都可能遭受这样的“待遇”。

Secret Central Committee Document Calls for Loyalty, Warns for Western Influence

According to different reports, the CCP Central Committee recently issued a document named “Circular concerning the Present Situation in the Ideological Area”. This document is highly secret, to the extent that it seems to occur that paper copies issued for study purposes may not be kept or taken home by cadres. No version is available on the Internet, and many blog posts or forum discussions referring to this documents have been taken down.

Nonetheless, a number of local newspapers have reported on study sessions on implementing the spirit of this document, through which it is possible to glean at least some information about what it might say. One article, about a meeting organized by the Urban Development Committee in Chongqing, is particularly informative. It indicates that the Circular contains seven points for attention in the current ideological environment. While these points are not listed individually, the article mentions the main points of the Circular, as

strengthening work in the ideological area, fully understanding the harm of viewpoints and theories propagated by the West, fully understanding the importance of forcefully propagating “standing up”, “becoming rich” and “becoming strong”, and fully understanding the urgency of using scientific theory and advanced culture to educate Party members and cadres.

 Furthermore, the article provides three lines of action seemingly proposed by the Circular: (1) strengthening leadership and implementing responsibilities; (2) doing guidance work well and distinguishing right and wrong; and (3) sticking to the battlefield and strengthening management. These terms have been key indications in CCP propaganda directives throughout, and, as such, there is nothing new about them.

However, this news comes in the wake of a number of other indications that political correctness and ideological control are strengthening under the new administration. Last week, it was reported that universities were instructed to not mention seven topics, universal values, freedom of the press, civil society, civic rights, historical mistakes of the Communist Party, elite cronyism, and judicial independence. It may be a coincidence that this is the same number mentioned in reports about the Circular, but it certainly seems that they are branches of the same root. Furthermore, there is the recent campaign to rectify online news  and the order prohibiting journalists from using foreign source material. It seems to become clear that early hopes that the Xi leadership would bring greater openness to China’s public communications sector can now definitively be put to rest. Conversely, the increasing focus on public communication seems to indicate a growing anxiety within the leadership about the erosion of public support for the regime, as indicated by a – quickly deleted – People’s Daily survey. The conclusion is a clear one to reach: further stability and development must be built on real outcomes, rather than PR about the ‘Chinese Dream’. At the same time, however, that will mean a wrenching transformation for a Party that is now often held together by the well-understood self-interest of those enjoying the privileges that membership confers.

Importantly for foreign observers, this Circular seems to renew the focus on foreign hostile powers who are supposed to have an obsession with Westernizing and dividing China. In fact, some of the terms used in reporting about the Circular seem to be derived from an article published in the Party magazine Dangjian (党建) in July of last year. As a relatively high-profile official Party publication, under the direct control of the Central Propaganda Department, it can be assumed that Dangjian content accurately reflects the positions of the CPD – which seems to have become increasingly powerful over the last few years.

The thrust of this article is that the ideological control that the CCP needs to fulfill its historical mission, is besieged by different factors, but in particular by Western hostile powers who are looking to culturally infiltrate China through a number of channels, including the media, cultural products, high-profile scholarship programmes, Internet technology, but also false social theory (Daniel Bell – the other one – and Francis Fukuyama are mentioned). The objective for this is presumably that the Western hostile powers in question are bent to curb China’s development. References to hostile powers have never been completely absent from China’s propaganda policy documents, but again, it seems that the CPD worldview finds more traction with the central leadership than it perhaps did in the past. Furthermore, while it is not clear to which extent the CPD is involved in China’s foreign affairs, it certainly is very much involved in shaping the domestic public opinion which, in turn, constrains China’s foreign policy options. Ironically, it is also in charge of foreign propaganda – soft power – efforts aimed at creating a more positive image of China abroad. It is perhaps this tension that has the most fundamental pernicious influence on those soft power efforts: China wants to be treated as a trustworthy and friendly power by a world it doesn’t trust and regards with enmity. This can only make those efforts come across as insincere and constrain possibilities for true, equal and deep engagement at different levels. Conversely, this view also has a strong impact on diplomatic positioning and other relationships vis-à-vis China: how to convince the counterpart on the other side of the table that, just perhaps, there might be a bit more nuance to policy.

Hold High the Banner, Be Firmly Confident, Determinedly Maintain High Consistency Levels with the Party Centre

On 8 May 2013, the Chongqing Municipal Urban and Rural Construction Committee convened a broad Central Group study meeting, for the special purpose of studying the Notice of the CCP Central Committee Secretariat on Issuing the “Circular concerning the Present Situation in the Ideological Area” (hereafter simply named “Circular”). The Meeting was chaired by Comrade Cheng Zhiyi, Party Group Secretary and Director of the Committee.  Committee leaders and responsible persons from work units and organs subordinate to the Committee attended the Meeting. At the Meeting, the full text of the “Circular” was studied from beginning to end, understandings and insights were exchanged, and implementation measures researched.

The Meeting believes that the Party Centre’s understanding of the mainstream tendencies in the present ideological sphere are objective, and theory orientation is correct, since the 18th Party Congress, and under the firm leadership of the Party Centre with Comrade Xi Jinping as General Secretary, all Party and State work matters have begun well, the Party and government work style atmosphere is renewed daily, the cohesion and centripetal force of the nation is further strengthened, self-confidence about the path, self-confidence about theory and self-confidence about the system are further firmed up, and mainstream ideology is positive, healthy and upward. At the same time, the Centre’s analysis of seven prominent issues in the ideological area that merit attention is deep, its attitude is firm, and they have an even more sober understanding of the acuity and complexity of struggles in the ideological sphere.

The Meeting requires that all levels’ Party Committees (branches) must fully perceive the importance of strengthening work in the ideological area, fully understand the harm of viewpoints and theories propagated by the West, fully understand the importance of forcefully propagating “standing up”, “becoming rich” and “becoming strong”, and fully understand the urgency of using scientific theory and advanced culture to educate Party members and cadres. First, strengthening leadership and implementing responsibilities. All Party Committees (branches) in the Committee system must put ideological work on the important matters agenda, regularly analyse, discuss and determine new situations and new tendencies in the ideological area, timely and effectively respond to them, prevent and deal with all sorts of contradictions and issues in the ideological area. Second, do guidance well, clearly distinguish right and wrong. Expand education and teaching strength concerning the theoretical structure of Socialism with Chinese characteristics, maintain theoretical soberness and political firmness from beginning to end. Party cadres in the Committee System must have a clear banner and a firm attitude in regards to major political principles and issues of great rights and wrongs, and as to what they support and what they oppose, they also must maintain a high level of consistency with the Party Centre with Comrade Xi Jinping as General Secretary. Third, sticking to the battlefield and strengthening management. The Party Committee system persists in the principle of who manages is responsible, and localized management, one level is to grasp one level, all levels are to grasp implementation. Strengthen management of the propaganda and culture battlefield, incessantly perfect and incessantly implement management systems, cut off  and dissemination channels for mistaken thinking trends and speech at the source. Strengthen network management, strengthen public opinion guidance, clean up the network environment, do not give any opportunity to lawbreakers that they may take advantage of.

The meeting stresses the necessity to cautiously do information collection, situation discussion and determination, rapid response and effective handling work well, and especially the necessity to pay close attention to the issue of housing construction, housing guarantee and housing delivery in the area of the people’s livelihood, the issue of quality and security in construction work, and the issue of network public sentiment in the area of construction, strictly handling matters according to the law, guaranteeing that political issues do not occur, and sparing no effort to make contributions to the general task of “enriching the people, renewing Chongqing and scientific development”.

At the Meeting, relevant Municipal Committee documents and the spirit of the meeting were also transmitted and studied, and security and stability work tasks were deployed.

2013年5月8日，市城乡建委党组召开中心组学习扩大会议，专题学习中共中央办公厅印发《关于当前意识形态领域情况的通报》的通知（以下简称《通知》）。会议由委党组书记、主任程志毅同志主持。在家委领导、委直属单位和机关处室负责人参加会议。会上，原原本本学习了《通知》全文，交流了认识体会，研究了贯彻措施。
会议认为，党中央对当前意识形态领域主流态势的认识客观、定位准确，十八大以来，在以习近平同志为总书记的党中央坚强领导下，党和国家各项事业开局良好，党风政风气象日新，民族凝聚力向心力进一步增强，道路自信、理论自信、制度自信进一步坚定，意识形态主流积极健康向上。同时，中央对当前意识形态领域值得注意的七个方面的突出问题分析深刻、态度坚定，对意识形态领域斗争的尖锐性、复杂性有更加清醒的认识。
会议要求，各级党委（支部）要充分认清加强意识形态领域工作的重大意义，充分认识西方宣扬的观点、理论的危害性，充分认识大力宣传“站起来”、“富起来”、“强起来”的重要性，充分认识用科学理论和先进文化教育党员干部的紧迫性。一是加强领导，落实责任。委系统各级党委（支部）要把意识形态工作纳入重要议事日程，经常分析研判意识形态领域的新情况新动向，及时有效地加以应对，防范和处理好意识形态领域的各种矛盾问题。二是搞好引导，明辨是非。加大中国特色社会主义理论体系的教育灌输力度，始终保持理论上清醒、政治上坚定。委系统党员干部对重大政治原则和大是大非问题，支持什么、反对什么，必须旗帜鲜明、态度坚定，在思想上政治上行动上同以习近平同志为总书记的党中央保持高度一致。三是坚守阵地，强化管理。委系统坚持谁主官谁负责和属地管理原则，一级抓一级，层层抓落实。加强宣传文化阵地管理，不断完善和有效落实管理制度，从源头截断错误思潮和言论的传播渠道。强化网络管理，加强舆论引导，净化网络环境，不给不法分子任何可趁之机。
会议强调，要过细做好信息收集、情况研判、快速反应、有效处置工作，尤其要高度关注民生领域在建房保障房交房问题、建设工程质量安全问题、建设领域网络舆情问题，严格依法依规办事，确保不发生政治性问题，奋力为“富民兴渝 科学发展”总任务做出新贡献。
会上，还传达学习了市委有关文件、会议精神，部署了安全稳定工作任务。

News rectification campaign: explained for your convenience

A two-month campaign on news standardization has been announced by the State Council Internet Information office, the arm of the State Council Information Office (or Foreign Propaganda Office, in Chinese) tasked with maintaining order on online news and social media. SIIO has been ramping up pressure on news media recently, so this should not come as any surprise. If this campaign resembles previous campaigns in similar field, there will be a period in which Chinese journalists will be extra careful in toeing the line, particularly in issues of form. Some heinous examples will be brought to light and touted as victory, and after two months, things will go on pretty much as before. As in any large bureaucracy, its more important to appear as if work is being done, than to do work. 

The fun for us academics is in reading the tealeaves as to how this campaign is being framed. Hence, a little lexicon on expressions in this document and how to understand them. I have underlined some terms in the full article, which are explained here:

- Unstandardized news source indications: in principle, most online news websites (with the exception of those belonging to mainstream news outlets such as People’s Daily) are not permitted to gather their own news in matters of economic, political or social interest. They are required to reprint stories from main news sites or Xinhua, and indicate the source used. If such source is absent, that might refer to the fact that foreign reports might have been used, which is a no-no.

- False or inaccurate reports: very often, reports that might be generally true, but that someone in the Party hierarchy wants to keep under wraps. The vaguer the denial, the greater the probability that there might be something to the story. This is particularly true for “inaccurate”, which may be used when the gist of a story is true, but numbers quoted are off. 

- Closely revolving around the larger picture of Party and State work: I call this concept doubletruth, the notion that a story about a true event is not suitable for printing because it might endanger a “higher truth” put forward by politics. “The larger picture” means that journalists must not harm social or political stability for the sake of smaller interests.

- Unity, stability and encouragement: this means that (1) journalists should not clearly identify specific interest groups, but talk in general terms such as ‘the people’, ‘the masses’ or ‘the public’; (2) journalists should maintain stability in all its guises and not incite unrest, dissent, discord or other trouble and (3) journalists should provide clear guidelines for simple actions that can be taken to solve problems that are identified.

- Giving first place to positive propaganda: this propaganda principle was instituted after 1989, as the Party had noticed that a loss of control over the press had led to visible leadership splits, which were exploited by dissenting voices concerned about inflation, employment and other matters. As a result, the decision was taken to focus on positive, rather than negative news. In fact, there’s a whole speech about this.

- Sticking close to reality, life and the masses: news should discuss concrete facts, not larger tendencies. Analysis should focus on individual cases and events, not systemic causes for deeper running problems. 

- Healthy style: first, not causing social unrest or stability issues, but furthermore, also not encouraging vulgarization of public discourse, etc. 

- Professional morals/responsibility: voluntarily and consciously conducting journalism in a Party-approved manner, without the need for the propaganda bureaucracy to intervene – in relation to propagating the Chinese dream, for example. 

State Internet Information Office Deploys and Launches Special Campaign to Standardize Internet News Information Dissemination order  

The State Internet Information Office has deployed a special campaign, starting on 9 May, which will run for two months on a nationwide level, to standardize the Internet news information dissemination order.

The State Internet Information Office’s relevant responsible person states that this special campaign is aimed at prominent problems existing in websites publishing news at present, it focuses on dealing with unstandardized news source indications, releasing false or inaccurate reports, malicious distortion of news titles, illegal use of the name of news organs to release news and other unlawful acts.

This responsible person says that, in recent years, network media have closely revolved around the larger picture of Party and State work, persisted in unity, stability and encouragement, giving first place to positive propaganda, persisted in sticking close to reality, sticking close to life and sticking close to the masses, vigorously disseminated healthy and upward news information, fully reflected the huge achievements obtained in economic and social development, fully reflected the development results that the popular masses enjoy, their happy experiences of leading beautiful lives, and have sung the main melody of the times that the Communist Party is good, Socialism is good, reform and opening up are good, the magnificent motherland is good, and the people of all ethnicities are good online.

This responsible person stresses that standardizing the Internet news dissemination order, providing true and rapid news information in varied forms, with a healthy style and rich content to the public, and creating a healthy and upward network public opinion environment, are important tasks for Internet news information content construction. All localities and all websites must fully understand the importance of launching the special campaign, strengthen organizational guidance, formulate implementation plans, grasp the implementation of work and guarantee that real results are obtained. They must implement their management responsibility, expand inspection and guidance strength concerning the websites in their jurisdiction, supervise websites in completing and perfecting internal management systems, and raise new gatekeeping capabilities. They must expand punishment strength, and strictly deal with law-breaking websites where problems repeatedly occur, and that repeatedly commit offences according to the law. They must give rein to the function of social supervision, and conduct criticism and exposure of dissemination of false news, paid-for news and other acts. They must strengthen news employee training, continue to deeply launch “going to the grass roots, changing work styles, improving language styles” activities, and guide them in establishing a correct view of news, scrupulously abide by professional morals, strengthen a sense of the larger picture and a sense of responsibility, strive to create a good network public opinion environment for the millions of people to realize the magnificent Chinese dream.

国信办部署开展规范互联网新闻信息传播秩序专项行动

国家互联网信息办部署从5月9日起在全国范围内开展为期两个月的规范互联网新闻信息传播秩序专项行动。
国家互联网信息办有关负责人介绍，这次专项行动，针对当前网站登载新闻存在的突出问题，重点整治新闻来源标注不规范、编发虚假失实报道、恶意篡改新闻标题、冒用新闻机构名义编发新闻等违规行为。
该负责人说，近年来，网络媒体紧紧围绕党和国家工作大局，坚持团结稳定鼓劲、正面宣传为主，坚持贴近实际、贴近生活、贴近群众，积极传播健康向上的新闻信息，充分反映经济社会发展取得的巨大成就，充分反映人民群众共享发展成果、过上美好生活的幸福感受，在网上唱响了共产党好、社会主义好、改革开放好、伟大祖国好、各族人民好的时代主旋律。
该负责人强调，规范互联网新闻传播秩序，为公众提供真实快捷、形式多样、格调健康、内容丰富的新闻信息，营造积极向上的网络舆论生态，是互联网新闻信息内容建设的重要任务。各地方和网站要充分认识开展专项行动的重要性，加强组织领导，制定实施方案，抓好工作落实，确保取得实效。要落实管理责任，加大对属地网站检查指导力度，督促网站健全完善内部管理制度，提高新闻把关能力。要加大处罚力度，对屡出问题、屡改屡犯的违规网站依法依规严肃处理。要发挥社会监督作用，对传播虚假新闻、有偿新闻等行为进行批评曝光。要加强新闻从业人员培训，继续深入开展“走基层、转作风、改文风”活动，引导他们树立正确的新闻观，恪守职业道德，增强大局意识和责任意识，努力为亿万人民实现宏伟的中国梦创造良好的网络舆论环境。

The Chinese Dream Infuses Socialism with Chinese Characteristics with New Energy

This Qiushi editorial was published online on 1 May 2013. It further makes the case for the concept of the Chinese dream and its links to the great rejuvenation of the Chinese nation. As always, there are a lot of historical references to the historical humiliation of China, and the role of the Communist Party in its restoration. There are also the usual lofty claims to moral rectitude of the Party, and its genius in developing the ‘correct path’ for China’s development. 

Persisting in and developing Socialism with Chinese characteristics is a great article, a new article into which one generation of CCP members after another have thrown their heart and soul, and which they have successively written unusually brilliantly. General Secretary Xi Jinping’s Chinese dream, expounded with deep feelings and discussed profoundly, has become the exalted melody and spiritual banner for the present Chinese society, and has infused persisting in and developing Socialism with Chinese characteristics with strong new energy.

Propaganda Director’s Call to Traditional Media: Wake Up

On 12 April, “Red Flag Manuscripts”, a political theory journal run by the authoritative Party publication Seeking Truth, published an article written by Ren Xianliang, vice-chair of the All-China Journalists’ Association and vice-director of the Shaanxi Propaganda Department. It provides an interesting insight in the intra-official discourse on media governance issues and some of the opinions within the propaganda structure regarding the effect of social media. 

How is the Party to Manage the Media Well in the New Era?

Comprehensively Planning Two Public Opinion Fields, Concentrating Positive Social Energy

In the China of today, two public opinion fields objectively exist, one is the traditional media public opinion field with Party papers, Party periodicals, Party stations and news agencies at the core, one is the new media public opinion field with the Internet as basis. The two public opinion fields’ central dissemination themes, appeals and expressions have been separated and opposed for a long time, which has not only directly challenged the baseline of the principle that the Party manages the media, but has also lead to the separation and confrontation of social strata, grave damage to government credibility and a corruption and weakening of the Party’s governance base.

The Chinese Dream Concentrates Overwhelming Positive Energy

This is a Qiushi opinion piece (from 1 April) providing more background to the developing idea of the Chinese dream. As usual, nothing really new, a lot of national humiliation and kudos to the Party for leading China to greatness, repackaged for the new leadership.

One phrase, one phrase that stirs people’s heartstrings, that excites people’s spirits, and inspires people’s thoughts, is reverberating around the minds of millions of Chinese people, it has become the strongest sound in the present Chinese society, it is called the “Chinese Dream”!

How is it that the Chinese dream is so popular?

After visiting the exhibition on “The Path to Rejuvenation”, where he deeply elaborated the Chinese dream for the first time, General Secretary Xi Jinping deeply discussed the Chinese dream once again at the closing ceremony of the first meeting of the 12th National People’s Congress. Since then, from newspapers and screens to streets and lanes, from QQ groups to microblogs, the discussion on the Chinese dream has risen in temperature again. Why does the Chinese dream move the people so much? Why can it give rise to such strong resonance?

“Three New Antis” to be removed from media and schools

BBC reports that meetings are taking place nationwide to disseminate the spirit of an earlier Central Committee propaganda meeting. The leftist Chinese website Sing Red Songs (changhonggewang 唱红歌网)has a slightly more detailed explanation of the new “propaganda spirit”, which consists of five main points:

Recently, the Central Committee Propaganda Work Meeting concluded. This Propaganda Work Meeting was a milestone meeting. At present, all provincial, municipal and regional CCP Propaganda Department directors are transmitting the spirit of the Central Propaganda Work Meeting, on the basis of the announcements of people attending a number of provincial transmission meetings, the future Central propaganda themes are clear and obvious. The Propaganda Work Meeting spirit is as follows:

I, We must persist in the “mouthpiece theory” of the media, which is that Chinese media, regardless of whether they are traditional media or new media, shall be the mouthpiece of the Party and the mouthpiece of the people, this is decided by our political system, some people have confused conceptions or mistaken viewpoints in this regard, and hereafter, Party-managed media are not permitted to publish voices that go against the interest of the Party and the people, now, some media undergo structural transformation, and are run by social forces, they must also respect this principle, otherwise these business powers are recalled or they will no longer be run (it is understood that some provinces and regions have already begun to withdraw a number of society-run periodicals).

II, We must persist in the guiding ideology of the Party and the State being Marxism-Leninism-Maoism and specific theories, there must be theoretical self-confidence, but thoughts have been relatively chaotic in this regard, a number of people continue to propagate the theory that Marxism-Leninism-Maoism is out of date, and disseminate mistaken viewpoints, in the future, anti-Marxism-Leninism-Maoism discourse cannot be permitted to openly and broadly appear in the media. Marxism-Leninism-Maoism as a guiding ideology has been determined by our political system, and has been selected and examined through long-term practice of the Party and the people, furthermore, it is still the basis of our undertaking at this time, and is not something that can be wilfully dismissed by some people out of hand.

III, We must pay attention to the problem that the “New Three Antis People” occupy the media and public opinion battlefields. The so-called “New Three Antis People” are people who persist in anti-Party, anti-State and anti-Nation viewpoints, these people were originally fostered by the Party, and the Party arranged for the to be on the public opinion battlefield, but they do not speak for the undertaking of the Party, they always sing a different tune; some even take State subsidies and still say that our country is without any merit; enviously, you are a child of the Chinese nation, but you are always criticizing this nation, these people cannot continue to remain in the media, cannot engage in public opinion and propaganda work, and it should be so that “if viewpoints don’t change, people will be changed”.

IV, We must strengthen management and guidance over the media, media personnel must have clear political viewpoints, must have sober political minds, must persist in the principles of objectivity and truth, must dialectically deal with the relations between objects, and must be responsible to society, for example, media report negative things all the time, across whole pages, they turn a blind eye to positive things, are you being objective and truthful? Many people are bragging about the freedom of speech in the United States, recently, the United States Department of Education put the quotations of Mao Zedong online, with the result that it led to negative repercussions nationwide, here, if we propagate the quotations of Lincoln everywhere, everyone calmly accepts this, should this not cause us to rethink matters?

V, To strengthen the leadership of the Party over media and public opinion, we must start grasping matters from fostering news talents, all higher education schools that have news-type majors, must absolutely place fostering students’ correct ideological concepts and correct political viewpoints first, all those people having “New Three Antis” tendencies, and having confused ideologies or chaotic viewpoints, cannot engage in the fostering of news talents in higher education. In the future, Party and State cadres are to be sent to all higher education news majors to go and switch positions with all higher education news teachers, who are to go to media, Party and State organs.

Certainly, after 30 years of reform and opening up, the “New Three Antis People” continue to hold the media and public opinion battlefield. They stand within the Party and within the system, and oppose the Party, oppose the State and oppose the Nation. These people cannot continue to remain within the media, cannot engage in public opinion and propaganda work, and if “viewpoints aren’t changed, people will be changed”. This propaganda work spirit enjoys popular confidence, and is something that has only come after 30 years of hope from the people in the entire country. This propaganda meeting that benefits the country and benefits the people truly merits applause!

In terms of substance, there is nothing new: every single important media policy document refers to Marxism, Leninism and Mao Zedong thought, and indicates that the media are the mouthpiece of the Party. What is slightly more interesting here, is the tone and the focus on the “Three New Antis”: people who are “against the Party, against the State and against the Nation”. As I indicated earlier, a core element of Chinese official discourse is that it is impossible to legitimately disagree with the official line: either such disagreement results from ignorance – which must be solved by teaching – or enmity, which must be countered with struggle. However, until now, there seems to have been a preference to keep the tent as big as possible. It seems now that – if this report is truthful – there may be a rectification wave where people in journalism and related professions may lose their positions. Is anyone still convinced Xi is a reformer?

 

China’s public expression philosophy: a case of too little theory?

A little while ago, Professor Gong Fangbing of the Chinese National Defence University became the subject of widespread mockery, after he published an article claiming that the development of democracy in China is held back because insufficient theoretical preparations have been made so far. The phrase “because of insufficient theory”, became a justification for a host of ills on social media platforms, ranging from the delay of trains to the dismal performance of China’s national football team. At the same time, this quote is actually rather revealing about how Chinese elites conceive their role in policymaking, their conception of society and the role of truth.

First and foremost, there seems to be a fundamental belief or assumption in these circles that, in the same way that the natural world is underpinned by laws that can be understood and used to predict future phenomena, there are “rules” which govern the development of societies. The objective of scholarly research is to discover theses rules and provide suggestions on how they should be applied in reality. In the view of the present leadership, that structure is grounded by the basic principles of Marxism, or socialism with Chinese characteristics, as it is called now. This claim, that social theory can not only help in understanding and explaining the past and the present, but also reveals and determines the future, is based on the purported scientific nature of its historical and dialectical materialism. As a consequence, it is possible, in this view, to discover what should be done to develop society through diligent exegesis, theoretical study, or small-scale experiments, and to arrive at optimal solutions that benefit all. These assumptions run deeply into the language of Chinese politics. Even Deng Xiaoping’s famous dictum, that China should “cross the river by feeling the stones”, presumes that the stones are there, that they each are within stepping distance of each other, and that the other side of the river is the destination to be reached.

Continue reading on the Free Speech Debate website

SARFT and GAPP to Merge

The long-heralded restructuring of State Council ministries and departments was finally announced today. As had been anticipated, the General Administration of Press and Publications and the State Administration of Radio, Film and Television will merge into a new body, the State Administration of Press, Publications, Radio, Film and Television (guojia xinwen chuban guangbo dianying dianshi zongju 国家新闻出版广播电影电视总局). The National Copyright Administration, a subordinate department of GAPP, will also be brought into the SAPPRFT, an unfortunate moniker if ever there was one. It had been expected earlier that the Ministry of Culture would be brought into this merger as well, but this has not happened. According to the SCMP, this is due to a perceived functional difference: the Ministry of Culture is there to provide cultural products and services to the public, while GAPP and SARFT represented the voice of the administration.

The official statement released in the People’s Daily indicates the merger will ensure better management over the different media and culture sectors governed by the new body. QQ reports that this may lead to a reduction of overlap in licensing and supervision procedures, and ensures the culture administration will be better able to respond to the development of converged products and services. Convergence had stimulated both organizations to expand bureaucratic remits and control emerging, lucrative markets such as Internet broadcasting, leading to large amounts of red tape and licensing procedures for enterprises in the field. It should not be expected, however, that this merger will lead to any form of liberalization or deregulation. It is likely that cultural and media policy will remain in line with the Central Committee Decision on Cultural Reform of late 2011, which aimed to combine commercial success with enhanced political control. Also, problems of administrative overlap and dual licensing remain, particularly in the field of Internet management, as the Ministry of Culture and the Ministry of Industry and Information Technology maintain their respective Internet portfolios.

“New Four Modernizations” Point to Hukou Reform, Food Security and Social Services

In my previous post, I talked about the “Eight Musts” and the “Five Cardinal Principles”, which outline the political agenda of the Xi administration. In this post, I noted that, in the realm of economics, we would need to look at the concrete measures and plans that the new leadership will put forward. Today, another People’s Daily article introduces the “Four New Modernizations”, which were presented by Li Keqiang on a visit to the State Administration of Grain. As with the “Eight Musts” and the “Five Cardinal Principles”, I believe this is an important policy proposition, as it directly refers to and updates the economic programme that Deng instituted now more than three decades ago. This is a decision that will not have been taken lightly.

The new four modernizations are the following:

• new industrialization (referring to the development of IT, green technology and other burgeoning sectors)
• informatization
• urbanization
• agricultural modernization

Media Analysis of the New Meanings of the “New Four Modernizations”: From Giving First Place to Materials to Putting People First

(People’s Daily, 17 January 2013)

Where Are the New Ideas of the “New Four Modernizations?”

The first “new”, a strategic focus on going from stressing development objectives to stressing development trajectories.

The second “new”, a development concept changing from “first place to materials” to “putting people first”.

The third “new”, the relationship of the “Four Modernizations” changes from mutual independence to an integrated mix, to complement each other.

Dreams encourage people to advance, realizing them require being earnest and down-to-earth. The magnificent ideal of the “Four Modernizations” encourages Chinese people to struggle for this, and today’s China has gained huge achievements because of this. On the 15th, Comrade Li Keqiang stressed, when he investigated and researched the State Grain Bureau, that pushing forward the construction of the “New Four Modernizations”, new industrialization, informatization, urbanization and agricultural modernization, is the road China must follow for modernization. The “New Four Modernizations” have outlined the concrete path for constructing China’s modernization with an even closer feel for the times.

“Eight Musts” – What Does Xi’s Political Programme Contain?

In recent days, major Party news outlets, including the People’s Daily and Seeking Truth, have published articles referring to a new political programme, which seem to outline the political programme of the Xi leadership. It also introduces an important new political term: the “Eight Musts” (bage bixu 八个必须). These are:

We must persist in the dominant role of the people; we must persist in liberating and developing social productive forces; we must persist in moving reform and opening-up forward; we must persist in safeguarding social fairness and justice; we must persist in marching the path of common prosperity; we must persist in stimulating social harmony; we must persist in peaceful development; and we must persist in the leadership of the Party.

The grouping of these Eight Musts has, in turn, been added to the Four Cardinal Principles put forward by Deng Xiaoping, creating Five Cardinal Principles (wuge jiben 五个基本) for Socialism with Chinese Characteristics. This is one of the Party’s core watchwords and political concepts, and any alteration to it signals that the alteration is considered by the Party to be of profound significance. Hence, this announcement should be taken very seriously. Leaving aside the obvious remark that persisting in the leadership of the Party was already one of the Four Cardinal Principles and therefore is now included twice, what can we deduce at this early stage from the propaganda language surrounding this initiative?

“Qiushi” Signed Article: Unwaveringly Persist in Socialism with Chinese Characteristics

At the beginning of the New Year, General Secretary Xi Jinping made an important speech at the opening ceremony for the discussion class for the new members and alternate members of the Central Committee to study and implement the spirit of the 18th Party Congress, which deeply expounded the ideological sources and course of exploration of the path of Socialism with Chinese characteristics, clearly responded to concerns inside and outside the Party and concerns inside and outside the country concerning China’s path, and earnestly indicated that Socialism with Chinese characteristics is Socialist and is not any other ism, and appealed to all Communist Party members and especially leading Party cadres to be firm believers and faithful practitioners of the ambitious ideal of Communism and the joint ideal of Socialism with Chinese characteristics. This is an important political proclamation of the new Central leading group, and its significance is great and profound.

“Eight Musts” Coalesce into Consensus

This article was posted yesterday in the Observer News Weekly (暸望新闻周刊), and seems to be the first major policy declaration from the Xi administration. I will post an analysis shortly.

Belief, faith, confidence and real action are the guarantees for the success of our undertaking. If people in the same boat help each other, the sea will make way, and when the signal is cried, the waves will move to the side!

At the time of the first collective study of the 18th CCP Central Committee, General Secretary Xi Jinping pointed out that persisting in and developing Socialism with Chinese Characteristics is the main line in implementing the report of the 18th Party Congress. We must closely grasp this main line and make persisting into and developing Socialism with Chinese Characteristics into a focal point, rallying point and stopover point for implementing the spirit of the 18th Party congress, only in this way will we be able to study the spirit of the 18th Party Congress more deeply, understand it more thoroughly and implement it more consciously.

Practice fully proves that Socialism with Chinese Characteristics is the banner of the Chinese Communist Party and the unity of the Chinese people, the banner for brave advance and the banner of victory. If we want to completely construct a relatively well-off society, accelerate the moving forward of Socialist modernization and realize the great rejuvenation of the Chinese nation, we must hold high the magnificent banner of Socialism with Chinese Characteristics from beginning to end, and unwaveringly persist in and develop Socialism with Chinese Characteristics.

People’s Daily: Network Expressions Should Also Be Proper and Lawful

This People’s Daily op-ed appeared widely in Chinese media, as well as the website of the National People’s Congress. I could write a long analysis about it, but it is the usual, disingenuous claptrap anyway, so I can’t be bothered.

After the National People’s Congress Standing Committee’ Decision concerning Strengthening Network Information Protection appeared, some people displayed misunderstanding concerning this and called it into question – believing that this might impede or suppress the space for public opinion among the people.

The Internet has already become an important platform for citizens to express thoughts and participate in social activities at the present time. Although this platform is different from traditional platforms, the fact that those expressing themselves must abide by the principles of the propriety, legality and responsibility of their expressions has not changed. Expressions on network platforms may have a dual character, namely that apart from lawful expressions, there are also people that might use the network to engage in insults, slander, fraud, sex and other illegal activities.

Strengthening network management reflects “the integration of rights and duties”. On the one side, it is necessary to protect citizens’ freedom of speech and right to expression, on the other side, citizens are required to be responsible for the content of their expressions. The basic function of having real names at the back stage of the network is that it raises the costs for starting and disseminating rumours, and frighten people scheming to start and disseminate rumours. If rumours are allowed to be disseminated, it will be freedom of speech that will be harmed in the end.

There are boundaries to social life, there are also bottom lines for the network world. As everyone knows, “freedom” is relative, this is the same in the network world and in real society, absolute freedom does not exists.

Dealing with the network requires tolerance, but there should not be closed eyes. Our country implements legal standards for network “freedom”, and will effectively overcome the problem of “the jungle of freedom”, so that not only the network world will be even more healthy, civilized and ordered, at the came time, citizens’ free expression will also be guaranteed more powerfully.

网络表达同样应正当合法
全国人大常委会关于加强网络信息保护的决定出台后，一些人对此产生误解和质疑，认为这可能会掣肘、压缩民间舆论空间。
互联网已成为当今时代公民表达思想、参与社会生活的重要平台。这个平台虽有别于传统平台，但表达者必须遵循表达的正当性、合法性与责任性原则没有改变。在网络平台上的表达，可能产生两面性，即除了合法表达外，还有人可能利用网络进行侮辱、诽谤、诈骗、色情等非法活动。
加强网络管理，体现了“权利义务相统一”。一方面要保护公民的言论自由表达权利，另一方面要求公民对自己表达的内容负责。网络后台实名的根本作用在于，让造谣传谣的成本变得高昂，震慑企图造谣传谣的人。如果任谣言传播，恰恰最后受伤害的就是言论自由。
社会生活有边界，网络世界有底线。众所周知，“自由”是相对的，网络世界与现实社会一样，并不存在绝对自由。
对待网络需要宽容而不能纵容。我国对网络的“自由”进行法律规范，将有效克服“自由丛林”的弊端，不仅网络世界会更加健康文明有序，同时公民的自由表达也将得到更有力的保障。

Copyright Law Revision: A Short Update

According to a People’s Daily of 7 January, the third draft of the Copyright Law has been completed, and will be submitted to the State Council ‘soon’. Provided that the State Council approves, and given the lengthy opinion-seeking and revision process thus far, it does not seem that there will be much delay in its being passed by the National People’s Congress. This is confirmed in the report of a recent meeting of the NPC Committee for Education, Science, Culture and Hygiene, which lists revision of the Copyright Law among 11 legislative programmes that are deemed to be “relatively mature”. The Committee therefore suggests these to be listed in the legislative plan of the NPC’s Standing Committee, to accelerate the legislative process.

So far, no text of the current version has been published. According to the People’s Daily, the main changes are the following:
the right of pursuit for fine art works has been added, and the protection term for performance and photographic works has been increased;
rental rights for performers as well as rights to obtain remuneration from audiovisual works have been added, as have rights for audio producers to obtain remuneration from other persons using their works for broadcast and open dissemination, and the rights of radio and television organizations have been changed from rights to prohibit to exclusive rights;
administrative enforcement measures have been enhanced, it has been providers that rights holders can choose the method of damage compensation, statutory compensation levels have been raised, punitive damage provisions have been added, and the scope to infer fault of an infringer has been widened.

 

Global Times: Lay Off Supporting Southern Weekend, Or Else.

As the protests surrounding Southern Weekend continue in Guangdong, the Global Times has published a strongly-worded commentary, denouncing the calls for  change of media governance. As often, it leaves much to be desired in terms of logics and consistency, but the tone is clear: this incident will not lead to any substantive change in media governance.

First, the Global Times claims that, according to the official Weibo account of Southern Weekly (which has allegedly been taken over by higher-level management), everything is based on a mistake, and that, whatever else, the “revised version” of the New Year’s message which started everything, did not originate in the Guangdong Propaganda Department.

Then, GT moves on to lambast those calling for press freedom online and in the streets. It says that a lot of the Weibo hubbub is being created by ex-employess of Southern Weekend, as well as people who have no formal relationship with the newspaper at all. Although it is already quite vague why a formal relationship with the newspaper in question should be a condition for voicing an opinion, GT continues to point the gun at its own foot by then referring to “Chen Guangcheng, in the faraway United States” as the latest supporter of this incoherent rabble, conveniently forgetting that this is not necessarily someone with a very bad reputation in Chinese public opinion.

After the character assassination, GT gets down to the issues: it states that, while current demands are ostensibly aimed at concrete persons and matters, there is an ulterior motive behind all of this. Again, this is standard fare in Chinese official communication, and is a result of the typical doubletruth in authoritarian regimes. The thing that counts is the “big picture” (daju 大局), and day-to-day concrete facts that may harm this picture are to be “harmonized”: they are said to be “inaccurate” (in other words: people lie) or have ulterior motives (in other words: people want to destroy the big project over something small). This argument is then followed on by the official claimed truth in the next paragraphs: press reform must be in step with social reform. After the 18th Party Congress, there is a political determination to press on with reform, but a “free press” will not be part of it. The press “is not a special political zone”.

If you have lost count of the soft power own goals by now, the op-ed then claims that even in the West, mainstream media will not oppose governments. Clearly, this writer has never seen Fox News or Jeremy Paxman, or Have I Got News For You, for that matter. The article continues with a warning: those who think they are defending Chinese media must think twice, for in reality, they are burying it alive. The scope for news freedom has opened, but in step with the will of the Party. There is no social basis for further openness, as people want their lives to develop economically, and don’t want upheaval. It points to the robustness of China’s polity, by saying that every self-immolation, every protest or every rumour could be the start of something alarming in society in unrest, but that this is certainly not the case. If that is true, however, I don’t see why the Chinese government would still need to spend more on internal security than on defence, firefighters are stationed permanently on Tiananmen Square, or why allegations such as these are reacted to with such alacrity.

If we look at the larger picture: it is clear that the Southern Weekend affair, together with the new Internet Decision and other Internet regulations, the closing of the website of another magazine, “Yanhuang Chunqiu”, and now this editorial, show that the new leadership, like the old leadership, seems to be willing in no way to open up the public sphere for a more pluralist and diverse discussion. This was already clear from the 2011 Central Committee Decision on cultural reform, the 12th Five Year Plans for the development of culture and the Internet, and is unsurprising in terms of the foundation of power of the current regime. The continuity of the CCP is built on control and corruption. The Party’s control over the commanding heights of the economy and society allows it to extract resources which are used to co-opt certain sections of the population and provide them with a vested interest in the status quo. Nonetheless, corruption is still portrayed in Party language as a problem of morally unsound individuals which must be solved by education and occasional campaigns, rather than being caused by basic incentives for officials, which must be solved by things such as independent oversight, formal separation of powers and, indeed, a free media calling for the true implementation of China’s Constitution, the commitments made by its political leaders to the population.

One last matter: the words that the Global Times uses to talk about the incident and how to deal with it (fengbo ”disturbance”, and pingxi “put down”) are the same terms that were used to refer to the 1989 protests. A subtle hint, perhaps?

Comment: Southern Weekend “Letter to Readers” Really Makes One Think Deeply

The official “Southern Weekend” Weibo issued a “letter to the readers”, of which the complete text is as follows: “The New Year message that was published in the special New Year edition of this newspaper on 3 January has been composed by the editors of this newspaper in coordination with the special theme of ‘pursuing dreams’, the introductory remarks on the cover of the special edition were drafted by a responsible person of this newspapers, related online hearsay is untrue. Because of hurrying timing, there has been carelessness in work, and mistakes exist in the text, we apologise to the broad readers for this.”

The incident of the Southern Weekend’s New Year message “being changed” has spread on the Internet in recent days, there were Southern Weekend editors who stated that the article that appeared in the newspaper was issued by the Guangdong Provincial Committee Propaganda Department. Yesterday evening, this official Weibo from Southern Weekend clarified the cause of the affair, the true situation is completely different from the version that has circulated on the Internet in the past few days. Furthermore, based on the Global Times’ understanding through its own independent channels, the so-called “changed version” has, in fact, not been written by the Guangdong Provincial Committee propaganda department.

But in recent days, there were again people on Weibo who posted a letter signed by a number of staff of Southern Weekend which opposes Southern Weekend’s official Weibo, it seems as if the situation has not yet completely calmed down, and it seems as if division have emerged within Southern Weekend.

The disturbance at Southern Weekend has fermented in the past few days, but if we look at it in detail, among the most energetic people disseminating this on the Internet, apart from some people who work at Southern Weekend at present, many have already left “Southern Weekend” or have no relation to speak of with this news group, there are also some active Weibo personalities. In reality, they are very scattered, and are linked together through the Internet. Their newest supporter is Chen Guangcheng from the faraway United States.

The requirements these people put forward are very sharp, on the surface, they are aimed at concrete people and matters, in reality, anyone can see that their spearhead is aimed at the overall structure related to the media.

Regardless of whether these people want it or not, there is common knowledge that is: under the reality of China’s society and politics today, that sort of “free media” that these people yearn for in their hearts, cannot exist. The development of all Chinese media can only be mutually corresponding with China’s greater reality, media reform must be a part of China’s overall reform, the media can absolutely not become China’s “political special region”.

All Chinese media have some of their own unique details, but when disturbances, such as with “Southern Weekend”, arise, their greater alignment in the end can absolutely not be a “mishap”. Its result certainly will display the determination of Chinese politics after the 18th Party Congress, and there will be no uncertainty.

Even in the West, mainstream media will not choose to openly oppose the government. Someone doing this in China, will certainly be a bigger loser. There have always been some outside personalities who attempted to promote a few Chinese media to engage in dissent, they are burying these media alive.

In recent days, some letters of protest inscribed as “Southern Weekend editorial department” have circulated on Weibo, but none of them have been issued through the “Southern Weekend” official Weibo. Taking yesterday evening’s statement on the official “Southern Weekend” Weibo as reference, the entire incident looks as if the first phase of the overall incident has been fabricated by the diffusers. This should, in fact, not happen.

Some outside people want to see disturbance, if there are media that openly oppose the present system, this may be a lot more “good viewing” than in the Shifang or Qidong environmental protection mass incidents. If there is a media company that truly acts like this, and does it successfully, then matters will really be too interesting, and can give these people too much political daydreams.

But this can only be an illusion. One important reason for this is that, today’s China basically has no social basis to support acting like this, the whole society’s true attention is to run the economy and develop the people’s livelihood, society does not hope that their future path of the country is variable, ruining their tranquil lives.

In a truly unrestive society, if someone incinerates themselves, some small clique protests, or even rumours are written online, it is hard to say whether it becomes an alarming beginning. But the real China develops vigorously and reforms incessantly, that China where “something big is going to happen” has been written out and thought out by some people who happened together on Weibo.

News needs incessant reform, but there is something that cannot be changed: China is a “package”, Chinese news and Chinese politics must be coordinated and interacting at the macro-level, the elastic space for Chinese news has incessantly expanded in recent years, and Weibo has been added to this. At the same time, the elastic space in Chinese politics has expanded at the same pace. But China’s news will not be able to march ahead alone in a way that politics cannot bear during the same period.

We should vigorously and boldly realize self-reform, we must at the same time have sufficient wisdom and concentration to control self-reform, ensure that news is the most dynamic part of the overall reform of China, and does not come apart or separate from it. Otherwise, we will make reckless moves, will only get half the result with twice the effort, and even damage the larger picture of China’s progress.

I hope that all people who like “Southern Weekend” cooperate in putting down the disturbance, and do not force a Chinese newspaper to play a role of opposition that it will not be able to bear, no matter what.

社评：南方周末“致读者”实在令人深思

《南方周末》官方微博昨晚发表“致读者”，全文如下：“本报1月3日新年特刊所刊发的新年献词，系本报编辑配合专题‘追梦’撰写，特刊封面导言系本报一负责人草拟，网上有关传言不实。由于时间仓促，工作疏忽，文中存在差错，我们就此向广大读者致歉。”

南周新年献词“被改动”事件近日在互联网上扩散，有南周编辑称见报稿出自广东省委宣传部。昨晚南周的这条官方微博，把事情起因做了澄清，真相与前些天互联网流传的版本完全不同。另据环球时报通过自己的独立管道了解，所谓“改稿”确实不是广东省委宣传部所写。

但在昨晚，微博上又有人贴出与南周官方微博对抗的南周部分人员签名信，看来事情尚未完全平息，南周内部似出现分裂。
南周风波近日发酵，但仔细看，最积极在网上扩散的人除了有一些目前在南周工作，很多是早就离开《南方周末》、与该报系如今已没什么关系的人，还有一些微博活跃人士。他们在现实中很分散，通过互联网联系在一起。他们的最新支持者是远在美国的陈光诚。

这些人提出的要求很激烈，表面上是针对具体的人和事，实际上谁都看得出，他们的矛头指向了与媒体有关的整个体制。

不管这些人愿不愿意，有一个常识是：在中国今天的社会政治现实下，不可能存在这些人心中向往的那种“自由媒体”。中国所有媒体的发展只能是同中国大现实相对应的，媒体改革必须是中国整体改革的一部分，媒体决不会成为中国的“政治特区”。

中国所有媒体都有自己的一些独特细节，但像《南方周末》这样出了风波时，它的大走向最终一定不会是一个“意外”。它的结果一定会展示十八大之后中国政治的确定性，而非不确定性。

即使在西方，主流媒体也不会选择同政府公开对抗。在中国这样做，一定更是输家。一直以来有一些外围人士试图推动中国个别媒体搞对抗，他们是在坑这些媒体。

近日微博上流传过一些落款“南方周末编辑部”的抗议信，但它们都不是通过《南方周末》官方微博发出来的。以《南方周末》昨晚官微的声明做参照，整个事件看来在最初阶段就被扩散者造了假。这实在不应该。

外部的一些人愿意看热闹，如果有媒体公开对抗现行体制，这可比什邡或启东的环保性群体事件“好看”多了。如果有一家媒体真这样做，而且做成功了，那可真是太有趣了，能给一些人带来太多政治遐想。

但这只能是虚幻的。其中一个很重要的原因是，今天的中国根本没有支持这样做的社会基础，全社会的真正注意力是搞经济，发展民生，社会不希望国家前途有变数，毁了平静生活。

在一个真正动荡的社会，某个人自焚，某个小群体抗议，甚至在网上编个谣言，都说不准成为一个惊人的开始。但现实的中国是蓬勃发展、不断改革的，那个“要出大事”的中国是一些人凑到微博上编出来想出来的。

新闻需要不断改革，但有一样改不了：中国是“打包的”，中国新闻和中国政治在宏观上必然是协调的，互动的，这些年中国新闻的弹性空间不断扩大，微博也加入进来。与此同时中国政治的弹性空间在同步扩大。但中国新闻决做不了同时期政治不能承受的单独突进。

我们应积极、大胆地实践自身改革，我们同时必须有足够的智慧和定力驾驭自身的改革，使新闻既是中国整体改革的最活跃的部分，又不与它脱节和割裂。否则我们就是瞎闯，事倍功半，甚至损害中国前进的大局。

希望所有喜欢《南方周末》的人配合风波的平息，别逼一份中国报纸扮演它无论如何也承担不了的对抗角色。

Draft Internet Publishing Requirements: Some Preliminary Thoughts

On the 18th, the General Administration of Press and Publications issued three draft regulations: the Internet Publishing Services Regulations, the Management Rules for Foreign News Publishing Organs Establishing Offices Within the Territory of China and the Press and Publications Sector Standards Management Rules. These three are offered for consultation, with a deadline to submit comments by 10 January. 

These three documents will have a significant impact on the future business of most, if not all, domestic and foreign online media. In the first document, the definition of “network publication” is so broad as to include nearly all online content:

[...] digital works that are . provided to the public through information networks, that have been produced, compiled and processed, the scope mainly includes:

(1) written, photographic, picture, game, cartoon or video reading materials in literary, artistic, scientific or other fields that have knowledge content and ideological content and other originally-created digital works;

(2) digitized versions of already published books, newspapers, periodicals, audiovisual works, electronic publications with identical content;

(3) digital works that are formed by translating, arranging or compilation of the abovementioned works and other methods;

(4) other categories of digital works determined by the General Administration of Press and Publications

Comments could be made about the fact that these documents are released on what will be for many foreigners, the last work day before Christmas, especially given that China has released important media regulation during the holiday period repeatedly in the past. I have translated the first document, and will endeavour to upload the other two documents as soon as possible. 

While I haven’t yet had the time to look at the matter in depth, there are a number of interesting and potentially problematic provisions in the new Network Publishing Regulations. Some of these may amount to a WTO violation, but given that China excluded most telecommunications and cultural services from its WTO schedule, in many cases, it will be hard to establish prima facie inconsistency directly. In general, however, these documents conform to the trends that had been developing already before the 18th Party Congress, with a stronger focus on cultural management and Internet control. It is also not strange that this occurs at the same time that the Propaganda Department is ordering media outlets to print articles on Internet-related crime, there are repeated reports that VPNs come under increasing attack, and China’s strong position at the recent Internet management conference.

So concretely speaking, what do the draft regulations on Internet publishing contain?

First, they impose a national obligation: the legal representative of network publishing companies must be a Chinese citizen, the servers on which the services are run must be physically on Chinese territory, and Sino-foreign joint-venture or foreign-invested enterprises are barred from engaging in network publishing.

Second, they impose the three-evaluation management system that has been in force in the traditional publishing sector for decades. This means that editors and proofreaders must check publications in three steps, with personal responsibility if illegal content is still published.

Third, the Regulations call for a sector association under the leadership of the GAPP, to develop a sector self-discipline structure. Such sector associations are also under the command of the Central Propaganda Department, and the self-discipline conventions that earlier associations have published demonstrate that very often, they are a parallel way of imposing State control on publishing activities.

Fourth, personnel within Internet publishing business must have certain professional qualifications, further expanding the linkage to the Party-State.

Fifth, network publishers become subject to annual assessment requirements, which may result in a loss of licence. At the same time, the State announces support for publications  that support its agenda.

There are obviously many more takes on this document, and I’ll come back on them after the holidays.

New Section: China Media Case Digest

In cooperation with the Media Law and Policy Report, a new journal published by China University of Communications (CUC) Law Faculty, this website will offer a bi-monthly case digest, which provides description and analysis of recent development in Chinese media case jurisprudence. The first section will appear online in early January.

The Media Law and Policy Report is a new journal, published by Wei Yongzheng, Li Danlin and Wang Sixin of CUC. The first edition came out in November of this year, and includes sections on new legislation, new cases, comments and articles. It will henceforth be published every other month. The editors graciously permitted the translation and publication of the case section on this website, which will hopefully provide a deeper insight in the development of jurisprudence and judicial practice in this quickly evolving field.

Media Control, Qing Dynasty Style

At the moment, I am preparing to start on a new book, which will be a history of press and media law and regulation in China throughout the 20th century. Obviously, that means digging through imperial archives to find out how the Qing government, and in particular empress-dowager Cixi, dealt with the emergence of the first modern newspapers. The first one of these, Shen Bao 申报 was established in 1872 by a British entrepreneur, Ernest Major, but was aimed at a Chinese audience and run by Chinese staff. Although it was relatively conservative, supporting the Qing government until about 1905, it pioneered the use of communications technology and of vernacular Chinese. This broadened its scope of sources and potential audiences. Hence, it played an important role in a number of social issues of the day, and inspired the establishment of more newspapers in a number of cities.

These newspapers initially concentrated on commercial news and small, local affairs, in order to avoid government attention or post offices’ blocking their distribution. As the Qing weakened, however, a stream of politically-oriented newspapers and periodicals gradually merged. Some of these were run by reform-minded junior officials, who often had spent time abroad or in contact with foreigners. One of these, Huang Zunxian 黄遵宪,  set up a newspaper in 1896, Shiwubao 时务报, which advocated for political reform. These calls were taken up by the reformist emperor Guangxu in the abortive Hundred Days Reform of 1898. These reforms were brutally ended with a coup d’état supported by empress-dowager Cixi, who immediately dialled back most of the reforms enacted by Guangxu. Also, she rescinded the rights of officials and individuals to send memorials to the emperor, and ordered the closure of Shiwubao and other non-government newspapers through a decree which reads interestingly like CCP notices of a century later.

“With an Imperial Decree, the official newspapers and Shiwubao were suspended without exception. Recently, in places as Tianjin, Shanghai and Hankou, but newspaper offices still stand in great numbers, talk wildly and without much thought, fabricate and spread rumours, mislead and deceive the people, have no scruples, and methods must be urgently set up to prohibit them. All governors-general and governors shall earnestly ban them. The editorial writers in their offices are the scum of the literati, do not have a sense of honour or shame, and are to be strictly investigated by local offices and gravely punished, in order to end the fallacies and pacify people’s hearts.”

前经降旨将官报、时务报一律停止。近闻天津、上海、汉口各处，仍复报馆林立，肆口逞说，捏造谣言，惑世诬民，罔知顾忌，亟应设法禁止。著各该督抚认真查禁。其馆中主笔之人，皆斯文败类，不顾廉耻，即由地方官严行访拿，从重惩治，以息邪说而靖人心。