Tag Archives: freedom of speech

Four Problems of China Supreme Court‘ s Judicial Interpretation on Crackdown of Web Rumor

(By You Yunting) Recently, the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the Interpretations on Some Issues Concerning the Application of Laws for in the Handling of Defamation via Information Networks and Other Criminal Cases (hereinafter the “Judicial Interpretation”).

Upon reading the whole text of the Judicial Interpretation, in the author’s opinion, this Judicial Interpretation has a bad negative impact upon the rule of law and freedom of speech rather than the positive value of cracking down on web rumors and purifying the environment of internet, because of considering that this Judicial Interpretation attempts to use the idea of “governing the country with severe law during the trouble times” to solve the web rumors so that current crackdown against web rumors is too hard and the legislative proceedings of this Judicial Interpretation are defective .
II. The Problem in Violation of the Principle of Legality

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The Exposure Legal Defects of Chinese Crackdown on Online Rumors

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(By You Yunting) Recently, Chinese governments have cracked down on the spreading of rumors online, and have arrested some web users for allegedly fabricating or disseminating online rumors. A lot of netizens have voiced their objections that this crackdown suppressed the “proper freedom of speech.” In our opinion, theoretically, online rumors shall better be handled through other means of self-remedy, such as the victims filing civil or criminal lawsuits against the alleged rumormongers. However, government intervention is in some cases a realistic necessity to more effectively crackdown online rumors, because in some cases the victims hurt by online rumors cannot file a lawsuit on their own initiative, often resulting from a failure to discern the rumormonger’s identity.

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Introduction to China Internet Information Supervision System

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By You Yunting

According to Progress in China’s Human Rights issued by the Information Office of State Council PRC, the speech freedom of Chinese netizens is protected by law and they could express their opinions in whatever the way they choose. By the end of 2009, China has more than 384 million netizens and the popularity of Internet has been more than 28.9% which are both above the average standard in the world. Moreover, the website established in China has been more than 3.23 million, BBS of more than 1 million and the blog user of more than 220 million. By the sampled statistics, the information sent by local people each day through BBS, news comment or blog are more than 3 million and 66% more netizens will comment on the Internet, participate in the topic discussion, express their opinions or make appeal for their interests.

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For or Against Law? Fang Zhouzi Photoshopped Han Han’s “Jail Picture” on Weibo

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Han says he is 173 cm, namely 5 feet 6 inches

By You Yunting

Some friends raised me a question on Zhihu.com, a Quora like website in China, that Fang Zhouzi, a well known blogger in China, put his photographed picture of Han Han, in which Han’s background is the height table in jail , then could it be kind of reputation infringement against Han? (see http://weibo.com/1195403385/yiRc64nL7, http://weibo.com/1195403385/yiQZJhg1G)

The battle between Fang and Han is the hottest spot on China internet, and our website once posted articles to introduce the online battle and laws and regulations related. But from this January, Fang’s Weibo is flooded with more than 10 tweets against Han each day, which is truly annoying. As a man favoring Han Han, it’s truly a distress for me to face the question on Zhihu.com. But for the answer concerns the freedom of speech, though I could have refused it, I finally choose to share my opinions on it even there’s only boots rather than applauses ahead. Surely, the reply is only focusing on the “infringement” by two tweets in the links above.

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