The CECC has prepared the following HTML version of its 2006 Annual Report for the readers' convenience. If you would like to view the official Government Printing Office text of the Annual Report, please refer to the Adobe Acrobat PDF or Plain Text Format versions.

Government Censorship in China | Government Licensing for Print Media | Restrictions on Political and Religious Publishing | Not Prescribed by Law | Political Speech | Religious Speech | Ideological Uniformity

• Government censorship, while not total, is pervasive and highly effective, and denies Chinese citizens the freedoms of speech and of the press guaranteed to them in the Chinese Constitution. The government has imprisoned journalists who provide news to foreigners, such as Zhao Yan, Shi Tao, and Ching Cheong. Editors of publications that criticize government policies, such as Yang Bin of the Beijing News and Li Datong of the China Youth Daily, have been dismissed. The government blocks the Web sites and radio and television broadcasts of foreign news organizations, such as those of the British Broadcasting Corporation, Radio Free Asia, and the Voice of America. In 2005, the government banned dozens of newspapers and confiscated almost one million "illegal" political publications. Beginning in May 2005, the government blocked the Commission's Web site from being viewed in China.

• Modern telecommunications technologies such as the Internet, cell phones, and satellite broadcasts allow Chinese citizens access to more information sources, both state-controlled and non-state-controlled. But government restrictions on news and information media, including on these new information sources, do not conform to international human rights standards for freedom of expression. The Chinese government imposes a strict licensing scheme on news and information media that includes oversight by government agencies with discretion to grant, deny, and rescind licenses based on political and economic criteria. The Chinese government's content-based restrictions include controls on political opinion and religious literature that are not prescribed by law, and whose primary purpose is to protect the ideological and political dominance of the Communist Party.

• The government's restrictions on religious literature do not conform to international human rights standards. Only government-licensed printing enterprises may print religious materials, and then only with approval from both the provincial-level religious affairs bureau and the press and publication administration. In addition to confiscating religious publications, the Chinese government also has fined, detained, and imprisoned citizens for publishing, printing, and distributing religious literature without government permission. Cai Zhuohua, a house church pastor in Beijing, and two of his family members were imprisoned in 2005 for printing and giving away Bibles and other Christian literature. In Anhui province, house church pastor Wang Zaiqing was arrested in May 2006 on the same charges.

Government Censorship in China

Government censorship in China, while not total, is pervasive and highly effective, and denies Chinese citizens the freedom of the press guaranteed to them in the Chinese Constitution.¹ As 13 Chinese scholars, lawyers, and editors wrote in a letter to Chinese President Hu Jintao after the Communist Party's Central Propaganda Department (CPD) shut down a popular news weekly in February 2006, the CPD "manipulates and controls the range of speech, and it has become the sole criterion for measuring truth."² Another group, composed of 13 former senior government, Party, and news media officials, wrote in an open letter regarding the same event that the CPD has "stripped away freedom of speech in order to quash public opinion."³

The Chinese government has imprisoned journalists who provide news to foreigners, such as Zhao Yan, Shi Tao, and Ching Cheong. Editors of publications that criticize government policies, such as Yang Bin of the Beijing News and Li Datong of the China Youth Daily, have been dismissed. The government blocks the Web sites and radio and television broadcasts of foreign news organizations, such as those of the British Broadcasting Corporation, Radio Free Asia, and the Voice of America. In 2005, the government banned dozens of newspapers and confiscated almost one million "illegal" political publications. Beginning in May 2005, the government blocked the Commission's Web site from being viewed in China. The heads of government and Party agencies responsible for enforcing China's media regulations emphasize press control, not press freedom:

• Liu Yunshan, director of the CPD, told attendees at the National Propaganda Directors Seminar in August 2005 that they should increase their supervision of the media, impose content controls earlier in the editorial process, and coordinate the application of administrative, economic, legal, ideological, and other controls.⁴ In a speech to the same group the previous year, Liu said that no change to the role of the news media as the mouthpiece of the Party, or the Party's supervision of the media, would be tolerated.⁵

• Long Xinmin, Director of the General Administration of Press and Publication (GAPP), said in a speech to the National Press and Publication Directors Conference in December 2005 that Party leaders had ordered press and publication officials to increase their administration of press and publishing. Long said that the key was to strengthen the leadership of the Party and establish a "grand cadre" of "politically strong" press and publication workers.⁶

• Liu Yuzhu, head of the Ministry of Culture's Market Department, wrote in the January 2005 edition of Seeking Truth, the official journal of the Chinese Communist Party Central Committee, that Web sites located in foreign countries such as the United States represent a threat to China's political structure. He encouraged increased censorship of foreign Web sites and called on domestic Web site operators to step up their self-censorship.⁷

Despite pervasive censorship, state control of domestic news media is now less severe than before the "reform and opening up" period began in the late 1970s. Modern telecommunications technologies such as the Internet, cell phones, and satellite broadcasts allow Chinese citizens access to more information sources, both state-controlled and non-state-controlled. More information is also available as a result of a dynamic domestic newspaper and book publishing industry. China also has a thriving underground publishing industry, and citizens may easily purchase many banned books from unlicensed publishers and retailers.⁸ By forcing unlicensed publishers to break the law, however, the government erodes respect for intellectual property rights and the rule of law because illegal publishers are also de facto copyright violators (the illegal works are "pirated," and authors cannot collect royalties on them) and must bribe officials to keep operating.

Chinese leaders and officials maintain that citizens enjoy freedom of the press, and that government restrictions on that freedom conform to international standards.⁹ While the Party does not screen content before publication to the same degree as in the past, the government continues to impose administrative restrictions on who may publish and what they may publish ("prior restraints") that do not conform to the international human rights standards set forth in the Universal Declaration of Human Rights¹⁰ and the International Covenant on Civil and Political Rights (ICCPR).¹¹ These standards require the elimination of registration systems for the print media that grant government agencies the discretion to approve, deny, or rescind licenses based on the political and financial qualifications of the applicant ("licensing schemes").¹² These standards also prohibit government restrictions on the publication of political and religious ideas and information, other than restrictions that are both prescribed by law and necessary to protect an important state interest ("content-based restrictions"). As two Chinese legal scholars noted in their study of the ICCPR:

This principle [that the ICCPR prohibits prior restraints] requires that government power may not be employed to suppress expressive activities before they are carried out, and no licensing measures or ideological content restrictions may be imposed on speech, books, periodicals, or radio or television programs prior to their dissemination, publication, distribution, or broadcast.¹³

The Chinese government imposes a strict licensing scheme on all newspaper, magazine, and book publishing and printing (public and private, for-profit and non-profit). The government uses this licensing scheme, as well as post-publication punishments, to enforce content-based restrictions that include prohibitions on the publication of political opinion and religious literature. These content-based restrictions on political opinion and religious literature are neither prescribed by law nor necessary to protect a legitimate state interest. Government and Party leaders state that these restrictions are intended to protect the ideological and political dominance of the Party.

Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights provide that people enjoy the right to seek, receive, and impart information and ideas through any media and regardless of frontiers. The Chinese government's licensing scheme for print media does not conform to international standards for freedom of the press. Although no absolute international standard prescribes what constitutes freedom of the press, international human rights standards set forth a minimum prerequisite: no legal system can be said to respect freedom of the press if it subjects the print media to any prior restraint through a licensing scheme. In 2003, the UN Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Cooperation in Europe (OSCE) Representative on Freedom of the Media, and the Organization of American States (OAS) Special Rapporteur on Freedom of Expression issued a joint declaration saying that licensing schemes are unnecessary and subject to abuse.¹⁴ Many nations, both developed and developing, have abolished licensing schemes for the print media. For example, the constitutions of many countries, including those of Brazil and South Korea, explicitly prohibit licensing schemes.¹⁵ In other countries, such as the United States and India, the right to publish without first having to obtain government authorization is protected through a combination of constitutional and court-made law.¹⁶ In those countries with registration requirements, such as Sweden and the United Kingdom, the government does not have the discretion to refuse registration.¹⁷

The Chinese government, like a number of governments in other countries, including Ethiopia,¹⁸ Iran,¹⁹ Jordan,²⁰ Syria,²¹ Uzbekistan,²² and Yemen,²³ imposes a strict licensing scheme on the print media.²⁴ No one may legally publish a book, newspaper, or magazine in China unless they have a license from the General Administration of Press and Publication (GAPP).²⁵ Chinese law requires that every book, newspaper, and magazine have a unique serial number, and the GAPP maintains exclusive control over the distribution of these numbers.²⁶ GAPP officials have explicitly linked the allotment of book numbers to the political orientation of publishers.²⁷ The Chinese government's licensing scheme includes substantive conditions on who may publish. To obtain a license to publish news, applicants must have a government sponsor.²⁸ Although the average annual income in China is less than 10,000 yuan (US$1,250),²⁹ the government also restricts the right to publish to those who can afford to invest at least 300,000 yuan (US$37,500) in registered capital.³⁰ The Chinese government says that its licensing scheme is necessary to regulate the publishing market,³¹ but such reasoning does not conform to international human rights standards.³²

Chinese authorities banned 79 newspapers and periodicals and seized 169 million publications in 2005.³³ From 2003 to 2005, the government canceled the registrations of 202 news bureaus and shut down 73 others.³⁴ Other examples of the government using its licensing authority to violate citizens' freedom of the press in the past year include:

• In August 2005, GAPP officials in Luliang city, Shanxi province, banned the Luliang Weekly, shut down its editorial department, and dismissed its staff. Officials imposed these sanctions because the weekly had been published without government authorization, and "the articles it carried were mostly negative reports, which severely violated relevant national regulations, and which had an adverse effect on society."³⁵

• In September 2005, the Hunan provincial government shut down the news bureaus of four publications established without government permission.³⁶

• Also in September 2005, the Chinese government reported that no illegal political materials had been published in the Inner Mongolia Autonomous Region city of Wuhai since 2002.³⁷ The report attributed the city government's "success" in part to a rigorous training regime for publishers and printers and the fact that authorities had closed 12 illegal printing enterprises. The report said officials conducted daily inspection tours and surprise raids to stop unauthorized publications from entering or leaving the city.

In addition to these administrative measures, Chinese authorities have used Article 225 of the Criminal Law, which defines operating a publishing business without government permission as an illegal business activity,³⁸ to fine and imprison publishers:

• In January 2004, authorities in Anhui province sentenced two men to prison terms of nine and seven years for publishing collections of love poems.³⁹

• In September 2004, a court in Xinxiang county, Henan province sentenced Wang Lelan, a farmer who had purchased two printing presses, to five years' imprisonment and an 8,000 yuan (US$1,000) fine for publishing "illegal books" such as "China's Top Level" and "Confidential Exclusive News."⁴⁰

• In August 2005, a court in Beijing sentenced the head of the Beijing representative office of Hong Kong's Credit China International Media Group Limited to three years' imprisonment for publishing the magazine "Credit China" without government authorization.⁴¹

New rules governing the publication of newspapers and magazines in China went into effect in December 2005.⁴² In addition to restricting the right to publish newspapers and magazines to government licensees, the rules also establish post-publication content screening and review systems. The rules require provincial-level GAPP offices to submit regular written reports to the GAPP and conduct annual "verification and examination" reviews. The rules stipulate that publishing, printing, and distribution enterprises may not provide services to any newspaper or magazine unless they have passed the previous year's inspection. The rules also require each newspaper and magazine publisher to submit regular reports to the GAPP, as well as annual "self-examination reports" with copies of its most recently published editions. The rules require the GAPP to assess the "publishing quality" of newspapers and magazines, and empower it to take the following actions against any publisher whose contents it deems incorrect or in violation of regulations:

• order it to cease publication and distribution;

• order it to retract entire editions;

• order supervising and sponsoring government agencies to "rectify" the publisher;

• revoke its publishing license.

The Chinese government's press licensing scheme also extends to the Internet. According to the state-run media:

Since 1996, 14 agencies, including the Central Propaganda Department, State Council Information Office, Ministry of Public Security, Ministry of Culture, and the General Administration of Press and Publication have participated in the administration of the Internet, have promulgated nearly 50 laws and regulations, and have put together the world's most extensive and comprehensive regulatory system for Internet administration. One scholar who specializes in researching Internet Law [said] China's emphasis on, and effectiveness of administration over, the problem of Internet security is "rare in this world."⁴³

The government requires all Web sites in China to be either licensed by, or registered with, the Ministry of Information Industry (MII).⁴⁴ Web sites that fail to register or obtain a license may be shut down and their operators fined.⁴⁵ As part of the registration process, the MII requires anyone who posts news on a Web site to confirm that the Chinese government has authorized him or her to do so.⁴⁶ According to the OpenNet Initiative, "In large measure, the registration regulation is designed to induce website owners to forego potentially sensitive or prohibited content, such as political criticism, by linking their identities to that content. The regulation operates through a chilling effect."⁴⁷ In August 2005, the state-controlled news media reported that over 700,000 Web sites had registered,⁴⁸ and that authorities had shut down a "large number of Web sites," using "specialized software to render them inaccessible."⁴⁹ In December 2005, the MII issued a notice to Internet service providers saying, "The campaign to rectify unregistered Web sites has entered a period of severe sanctions," and demanded they shut down all unregistered Web sites.⁵⁰

In September 2005, the MII and the State Council Information Office promulgated new rules tightening the government's control over Internet news services.⁵¹ These rules prohibit anyone from using the Internet to post or transmit news reports or commentary relating to politics and economics, or military, foreign, and public affairs, without a government license. Chinese authorities used these rules to shut down at least five Web sites before the annual plenary sessions of the National People's Congress and the Chinese People's Political Consultative Conference, which concluded in March 2006.⁵²

The MII crackdown coincided with a similar crackdown on the Internet by branches of China's Ministry of Public Security (MPS) in major cities.⁵³ Throughout 2005 and 2006, public security bureaus in cities such as Beijing, Guangzhou, and Chongqing ordered Web sites to register with public security authorities or be shut down. In addition, in December 2005, the MPS promulgated new rules⁵⁴ requiring Internet portals, Web sites, Web logs ("blogs"), and hosting services to record and retain any content that news providers post on their Web sites, as well as the time it was posted.

Finally, the Chinese government instituted a licensing scheme for journalists in 2005,⁵⁵ even though such schemes are incompatible with international human rights standards for freedom of the press.⁵⁶ In January 2005, the GAPP issued two new regulations limiting "lawful" news gathering and editorial activities to government-licensed journalists.⁵⁷ In March 2005, the GAPP, Central Propaganda Department, and State Administration of Radio, Film, and Television (SARFT) jointly issued new rules specifying that journalists and editors must "support the leadership of the Chinese Communist Party, support the socialist system . . ., respect the Party's news propaganda discipline, [and] protect the interests of the Party and the government."⁵⁸ SARFT used its authority to accredit television hosts to shut down the television show of well-known economist Lang Xianping (also known as Larry Lang) in February 2006 on the grounds that he lacked required government certification.⁵⁹

Restrictions on Political and Religious Publishing

The Chinese government's restrictions on the publication of political opinion and religious literature do not conform to international human rights standards for freedom of the press and freedom of religion. Article 19 of the Universal Declaration of Human Rights and the same article of the International Covenant on Civil and Political Rights (ICCPR) provide that people enjoy the right to publish "information and ideas," and the ICCPR adds "of all kinds." International human rights standards permit restrictions on the press, provided they are prescribed by law and are necessary to prevent the dissemination of speech that is obscene or defamatory, or that poses a realistic threat to national security, or that is false and threatens public order.⁶⁰ The Chinese government's restrictions on the press are not clearly prescribed in national law. In addition, the government uses discretionary and extralegal powers to restrict the publication of information and ideas that conflict with the Party's political and religious orthodoxy or that threaten its control over political and religious ideology.

Not Prescribed by Law

National media regulations include vague and sweeping prohibitions on the publication of material that "harms the honor or the interests of the nation,"⁶¹ "spreads rumors,"⁶² or "harms the credibility of a government agency."⁶³ The Criminal Law punishes acts said to constitute "rumor mongering" to incite subversion or the overthrow of the socialist system with sentences of up to five years' imprisonment.⁶⁴ Nothing in Chinese law specifies what constitutes the "interests of the nation," a "rumor," or "harming credibility." Chinese laws and regulations provide lists of what may be deemed a state secret, but these lists are broad and vague, encompassing essentially all matters of public concern.⁶⁵ Moreover, Chinese law does not require the government to show that anyone committing any of these acts knew that the materials they published fell into one of these categories.⁶⁶ Finally, Chinese courts do not require the government to show that the publication of the materials in question caused, or could have caused, any negative effect on the national interest.⁶⁷

Government agencies responsible for implementing and interpreting national security do not balance government interests against a citizen's right to freedom of the press, and instead consistently interpret laws in favor of the government. In recent years, more than 70 percent of all cases of criminal disclosure of state secrets were the result of a "faulty understanding of state secrets."⁶⁸ None of the 17 or more central government and Party agencies responsible for enforcing and interpreting national security and state secrets laws as they relate to freedom of the press has provided any public guidance about when it will or will not censor publications or pursue criminal complaints against publishers.⁶⁹ In 2004, the Chinese government shut down 338 publications for publishing "internal" information.⁷⁰ In addition, the Chinese judiciary is not independent from Party control and does not issue instructive opinions in criminal trials (see discussion of Huang Qi below). [For more information on the Chinese judiciary, see Section VII(c)--Access to Justice.]

The Chinese government does not articulate content-based restrictions in statutes and court judgments, but instead relies upon detaining writers, indoctrinating journalists, and banning publications to encourage companies, institutions, and individuals to "choose" not to publicize views that a government official might deem politically unacceptable.⁷¹ An example of the Chinese government's indifference to freedom of the press is the case of Huang Qi. The Chengdu Intermediate People's Court sentenced Huang to five years' imprisonment in May 2003 for inciting subversion by operating a Web site that included articles on democracy and the 1989 Tiananmen democracy protests. The court's decision did not provide examples of any subversive language, and made no attempt to show that the articles on the Web site had caused, or were likely to cause, a threat to China's national security. Moreover, the court did not place any constitutional limitations on the authority of the government to criminalize certain types of speech, or balance the need to protect national security with Huang Qi's right to freedom of expression.⁷²

Another example of the Chinese government's opaque national security content-based restrictions occurred in October 2003, when a Shanghai court sentenced Zheng Enchong to three years' imprisonment for "illegally providing state secrets to an entity or individual outside China." Zheng faxed a copy of a Xinhua news report to a U.S. NGO to get it published abroad.⁷³ In rejecting Zheng's appeal, the Shanghai High People's Court said that, while the document in question included no markings indicating it was a "state secret," Zheng "should have known" that it was a state secret because it had been published in a Xinhua publication called "Internal Selections." Xinhua is a government agency that reports directly to the State Council, and if an article included information that was a state secret, Xinhua had both the authority and the legal obligation to have it classified.⁷⁴ Instead, Xinhua officials labeled the article "internal," and according to the Shanghai High People's Court, officials with the local state secrets bureau had it "certified" as a state secret after Zheng was detained.⁷⁵ Stories from "Internal Selections," however, are freely available on Party Web sites, including those of the Beijing Municipal Party Committee and the Chongqing Municipal Party Committee.⁷⁶

The case of Zhao Yan, a researcher for the New York Times, is a more recent example. Authorities detained Zhao in September 2004 for "illegally providing state secrets to an entity or individual outside China." Sources said the "state secret" was information that former President and Party General Secretary Jiang Zemin had offered to resign as Chairman of the Central Military Commission. His resignation was later reported in the official press.⁷⁷ [See Section V(b)--Rights of Criminal Suspects and Defendants, for a discussion of Zhao's arbitrary and extended detention.]

Chinese courts cannot consider Chinese citizens' constitutional right to freedom of the press in subversion and state secrets trials [see Section VII(c)--Access to Justice--Constitutional Review]. Some cases have been reported, however, in which a court found insufficient evidence to hold a trial on the charges brought against a defendant. Such decisions are the result of international pressure rather than an interest in upholding the rights of the accused. For example, Chinese authorities detained Liu Di (also known as the "Stainless Steel Mouse") in November 2002 after she posted a series of essays on the Internet discussing political reform and criticizing the Party. They released her in November 2003 without charges following widespread international pressure.

The Chinese government also uses indoctrination as an extralegal means of restricting publishing of political opinions and religious literature. A January 2006 General Administration of Press and Publication (GAPP) report described an example of press indoctrination, saying that in 2005 the government carried out on-the-job training of Party officials holding leadership positions at news publishers, and "deeply and meticulously performed worker and staff ideological and political work" in order to "safeguard stability and unity."⁷⁸ Xinhua reported in May 2006 that the government and the Party expect Chinese journalists to be "politically strong" and "strictly disciplined."⁷⁹ The All China Journalists Association held a conference in April 2006 to study and implement the Party's propaganda campaign on "Socialist Glory and Shame."⁸⁰ The state-run news media reported that conference participants expressed a desire to reject "capitalist liberalism" and to accept "serving the general work of the Party and the nation" as the "sacred mission" of journalists.⁸¹ Western news media have reported that the Beijing Municipal Information Office, an agency that reports to the Central Propaganda Department, summons executives from a dozen Internet news Web sites every Friday morning to attend a meeting. Chen Hua, Director of the Internet Propaganda Management Department, usually runs this meeting. According to one Western news report, "[Chen] or one of his colleagues tells the executives what news they should keep off their sites and what items they should highlight in the week ahead."⁸²

The Chinese government and the Party often carry out censorship through informal and opaque procedures that are not subject to legal oversight or restraint. For example, according to Wang Yi, a law professor in Sichuan province, public security officials in Beijing had his Web site shut down by calling an employee of the Chinese Internet company Blogchina at home and ordering him to do it.⁸³

Chinese authorities used similar extralegal measures to censor two of China's most popular publications. The first incident occurred in December 2005, when the Party removed editor-in-chief Yang Bin and two deputy editors at the Beijing News, as part of an effort to curb that newspaper's aggressive reporting style.⁸⁴ Central Propaganda Department director Liu Yunshan had told officials at an April 2005 meeting that "[t]he South has a newspaper that disgusts a lot of officials in the North, and the North has a paper that disgusts a lot of officials in the South."⁸⁵ An unnamed source told a Western news magazine that the "northern paper" was the Beijing News, and a Beijing News editor noted that so many cadres had traveled to Beijing to complain about the paper that it was under "heavy" pressure to conform to new restrictions on "extra-territorial" investigative reporting.⁸⁶ In December 2005, propaganda officials singled out the Beijing News for criticism at a meeting where it was decided that "metropolitan newspapers" such as the Beijing News should "strengthen Party control" and obey propaganda officials.⁸⁷ Officials have said that the Beijing News "committed errors in the orientation of opinion," and Liu Yunshan concluded that the Beijing News' "problems" must be "fundamentally resolved."

A second example of official circumvention of the law to silence critics occurred in January 2006, when Party officials ordered the China Youth Daily (CYD) to suspend publication of its Freezing Point weekly because it had published an essay on Chinese history textbooks that officials claimed contradicted historical facts, violated news propaganda discipline, harmed the national sentiments of the Chinese people, harmed the image of the CYD, and had a detrimental social influence.⁸⁸ The officials also ordered the CYD Publishing House to submit a report criticizing Li Erliang, CYD editor-in-chief, and Li Datong, editor-in-chief of the Freezing Point weekly. On February 16, Ministry of Foreign Affairs spokesperson Qin Gang defended the Party's decision.⁸⁹ On the same day, the Communist Party Youth League Publishing House Party Committee announced the conditions under which Freezing Point would resume publication. The CYD was required to dismiss Li Datong from his position as editor-in-chief, and Lu Yuegang from his position as deputy editor. In addition, it had to publish an essay in the first issue of the re-launched Freezing Point weekly that would refute the earlier objectionable essay.⁹⁰

Government and Party intimidation, harassment, and imprisonment of writers and journalists create a chilling effect on freedom of speech that results in self-censorship. For instance, Internet and software companies in China must either employ censorship technologies in their products or risk a government order to close. Although no Chinese law or regulation forbids specific words, companies such as Tencent and MSN embed a list of banned words and phrases in their Internet applications, including "freedom" and "democracy."⁹¹ Chinese search engines such as Baidu, and the China-based search engines of Yahoo!, MSN, and Google filter search results, including those relating to the Voice of America, Radio Free Asia, and human rights. A senior corporate official from Google testified to the House Committee on International Relations in February 2006 that one of the factors leading to the company's decision to filter search results for its China-based service was:

Many queries, especially politically sensitive queries, were not making it through to Google's servers. And access became often slow and unreliable, meaning that our service in China was not something we felt proud of. Even though we weren't doing any self-censorship, our results were being filtered anyway, and our service was being actively degraded on top of that. Indeed, at some times users were even being redirected to local Chinese search engines.⁹²

Google designed its Chinese-language news aggregation service so that users in China cannot view materials from dissident news Web sites that Chinese authorities have blocked. Google has said that it will not deploy e-mail and blogging services in China because the company cannot meet its own standards for the privacy and security of users' sensitive information.⁹³

The Party and the government are seeking to expand self-censorship by instituting "industry self-discipline." During an August 2005 speech, Liu Yunshan called on propaganda officials to "merge propaganda work into the self-supervision of mass groups and professional organizations," and said that requiring professional organizations to "tightly integrate professional discipline and restraint with professional moral restraint" will allow employees to "voluntarily" accept government supervision. In April 2006, 14 major Internet portals, including Sina.com, Sohu.com, Baidu.com, and Yahoo!'s Chinese Web site, issued a joint proposal calling for the Chinese Internet industry to censor harmful information, spread the ideas of President Hu Jintao, and voluntarily accept government supervision.⁹⁴ Shortly after the Internet portals issued their proposal, Internet information providers and industry groups throughout China made similar announcements.

The state-run media portrayed the Internet portals' participation as spontaneous and voluntary, but both the GAPP and State Administration for Radio, Film, and Television (SARFT) have either used or advocated the use of "self-discipline" agreements and other informal methods to control the press in China. For example, in April 2006, GAPP Director Long Xinmin wrote that the government should establish an administrative system for newspapers and magazines characterized by Party leadership, government administration, and industry self-discipline.⁹⁵ In September 2005, SARFT issued a notice saying that radio announcers and television hosts would "voluntarily" obey professional ethical standards that SARFT had issued in December 2004.⁹⁶

Political Speech

International human rights standards obligate the Chinese government to respect the rights of its citizens to publish political ideas or opinions, even when they are critical of the government.⁹⁷ Chinese government and Party officials have said, however, that they will not tolerate the publication of political ideas or opinions with which they disagree:

• Liu Binjie, a deputy director of the General Administration of Press and Publication (GAPP), has said that political publications are the highest priority target for the Sweep Away Pornography and Strike Down Illegal Publications Task Force.⁹⁸

• Shi Feng, another GAPP deputy director, complained in an October 2005 speech that some newspapers and periodicals in China have exhibited "political orientation problems," by "denying the leading position of Marxism," "violating the Party line," and "openly smearing the Party's leaders."⁹⁹

• Officials have said that it is necessary to "strike hard at" and "tightly seal up and investigate" political publications that "spread political rumors and create ideological chaos."¹⁰⁰

The State Administration for Radio, Film, and Television (SARFT) issued "propaganda priorities" in 2005 that said broadcasters should "refuse all incorrect ideological and political perspectives and expression."¹⁰¹ The GAPP has said that it will shut down publications with "severe political errors,"¹⁰² and in 2005, the Chinese government confiscated 996,000 publications because of their political content.¹⁰³ Regulations require that everything published in China must adhere to Marxism, Leninism, Mao Zedong Thought, and Deng Xiaoping Theory¹⁰⁴ and prohibit the publication of anything that violates the propaganda discipline of the Party¹⁰⁵ or contradicts the guiding policies of the Party.¹⁰⁶ In addition, Chinese law requires that books and essays about Party and national government leaders must be "solemn and discreet," and their point of view must conform to the spirit of various Party documents.¹⁰⁷

To enforce these ideological restrictions, Chinese regulations require that publishers submit to the GAPP and the Central Propaganda Department a list of any "important topic selections" that they plan to publish.¹⁰⁸ Only publishing houses that the GAPP specifically approves may publish works about government and Party leaders, foreign relations, religion, the history of the People's Republic of China, and the history of the People's Liberation Army.¹⁰⁹ In February 2005, a GAPP official warned in a report:

If publishers are careless about strictly screening topic selection, then serious orientation and quality problems will occur. . . . Therefore, publishers' screening of the selection of topics is not merely a professional matter, but rather is a serious political responsibility. Therefore, topic selection screening is a political system.¹¹⁰

The GAPP report also said that publishers must carry out registration procedures for all selections relating to politics, the military, security, foreign affairs, religion, ethnicities, and "other sensitive issues." In addition, the report also noted that it is illegal to publish anything on these topics that has not been reported to, and approved by, authorities.

New rules governing the publication of newspapers and periodicals that went into effect in December 2005¹¹¹ include requirements that these publications must "adhere to Marxism-Leninism," "follow correct guidelines of public opinion and publication orientation," and foster a "good atmosphere for building socialism with Chinese characteristics." The rules also require newspapers and periodicals to obey unspecified "relevant regulations" when publishing articles that relate to "important state policies" and ethnic and religious affairs.

SARFT requires screenplays that depict major historic events and important leaders and their families to be approved by both the government and the Party.¹¹² SARFT issued regulations in April 2006¹¹³ that removed the previous requirement that television producers obtain government approval for dramas, but programs relating to modern Chinese history must still have government approval.¹¹⁴ In addition, anyone wishing to film television programs with content relating to "important or sensitive political issues, the military, foreign affairs, the Party's United Front, religion, ethnicities, the administration of justice, public security, education, and famous people" must first request an "opinion" from the relevant department at the provincial level or higher.

Government and Party intolerance of the independent political views of citizens is particularly apparent before and during government and Party plenary meetings and some national holidays. In the weeks before the annual plenary sessions of the National People's Congress and the Chinese People's Political Consultative Conference, which concluded in March 2006, Chinese officials took the following measures (in addition to the Web site closings that were described previously):

• The Sweep Away Pornography and Strike Down Illegal Publications Task Force held a teleconference in January 2006 and notified relevant agencies that they should "purify the publishing market" and be on duty 24 hours per day during the plenary sessions.¹¹⁵

• Officials in Zhongshan city, Guangdong province, issued a circular calling on local customs, traffic, press and publications officials, and commercial agencies, to step up their enforcement measures against "harmful information," including illegal political publications.¹¹⁶

• Officials in Henan province launched a crackdown on political publications and Falun Gong materials to "ensure the health and stability of the publications market" during the plenary sessions.¹¹⁷

During the last year Chinese authorities have continued to silence writers, journalists, and Web sites for expressing political ideas or opinions with which they disagree. In October, an Anhui court upheld Zhang Lin's sentence of five years' imprisonment for subverting state power in connection with articles he posted on the Internet and a radio interview he gave.¹¹⁸ Chinese authorities detained and imprisoned several others, including Yang Tianshui, Guo Qizhen, and Li Yuanlong for publishing articles on foreign Web sites criticizing the government and the Party.¹¹⁹ During the run-up to the annual plenary sessions, Chinese authorities shut down the Aegean Sea [Aiqinhai] Web site, as well as four other sites that had complained on behalf of local workers.¹²⁰ In June, authorities shut down two of China's major Internet portals, Sina.com and Sohu.com, for several days to allow the Internet portals to upgrade their censorship capabilities after authorities found that the Internet portals failed to filter certain key words deemed politically harmful.¹²¹ In July, the Beijing Communications Administration shut down the "Century China" Web site, a popular Internet discussion forum for commentary on political, historical, and cultural issues.¹²² In August, authorities shut down the "Polls" Web site and revoked its license after the Web site posted a poll asking visitors whether the General Secretary of the Communist Party should be chosen from among several candidates in differential voting.¹²³

Religious Speech

International human rights standards protect the printing and distribution of religious literature as a fundamental human right.¹²⁴ The Chinese government asserts that its protection of freedom of religious belief "is basically in accordance with the main contents of [relevant] international documents and conventions," and that everyone in China "should have the freedom to compile and distribute printed materials pertaining to religion or belief."¹²⁵ Only government-licensed printing enterprises may print such materials, however, and then only with approval from the provincial-level religious affairs bureau and a certificate of approval from the press and publication administration.¹²⁶ Printing enterprises in China may print religious publications for in-house use by customers, but the printing enterprise must first receive approval from provincial-level religious and publishing authorities.¹²⁷ Non-religious publications only require printing approval from publishing authorities at the county level.¹²⁸ Publishing regulations mandate government authorization and screening of books and news reports that mention religious issues.¹²⁹ [See Section V(d)--Freedom of Religion.]

Chinese authorities confiscated 4.62 million items of Falun Gong and "other cult organization propaganda material" in 2005.¹³⁰ This included the confiscation of 9,860 printed materials in the Xinjiang Uighur Autonomous Region that were either illegal publications of a religious nature, Falun Gong materials, or publications related to "feudal superstitions."¹³¹ In addition, authorities in the Tibet Autonomous Region confiscated 54 "Dalai Lama splittist group reactionary publications."¹³²

In addition to confiscating religious publications, the Chinese government also has fined, detained, and imprisoned citizens for publishing, printing, and distributing religious literature without government permission. In November and December 1999, officials detained and arrested Jiang Sunian, an unregistered Catholic priest from Wenzhou diocese in Zhejiang province who had published hymnals.¹³³ Officials charged Jiang with illegal publishing.¹³⁴ In April 2000, a court convicted Jiang under Article 225 of the Criminal Law, assessed a fine of 270,000 yuan (US$32,000), and sentenced him to six years' imprisonment. Officials released Jiang in December 2003.¹³⁵ In November 2005, a Beijing court sent Cai Zhuohua, a pastor of six house churches in Beijing, and two of his family members to prison under Article 225 of the Criminal Law for printing and giving away Bibles and other Christian literature without government permission.¹³⁶ In Anhui province, house church pastor Wang Zaiqing was arrested in May 2006 on the same charges.

During the last year Chinese authorities have continued to detain people who express religious ideas or opinions which they consider incorrect. Chinese authorities detained documentary filmmaker Hao Wu for 140 days after they discovered him shooting a documentary about China's unregistered house churches.¹³⁷ In July 2006, authorities shut down two blogs maintained by the popular Tibetan poet and writer Oezer, which she believed was a response to her posting a photograph of the Dalai Lama.¹³⁸ In August 2006, authorities detained journalist Zan Aizong for one week after he posted reports on foreign Web sites about detentions of Protestants who were protesting the destruction of a church in Xiaoshan city, Zhejiang province.¹³⁹

Ideological Uniformity

International human rights standards prohibit content-based restrictions on the press except those necessary to protect the rights and reputations of others and to meet the requirements for morality, national security, and public order in a democratic society.¹⁴⁰ The Chinese government and the Communist Party exceed these allowances, however, and control and censor the press to impose ideological uniformity. In one of his first speeches as head of the General Administration of Press and Publication (GAPP), Long Xinmin told officials attending a national conference in December 2005 to "maintain a high degree of uniformity with the political ideology of the Party Central Committee under Comrade Hu Jintao as Secretary, and insist on never wavering from Marxism as the guiding principle of press and publication work."¹⁴¹ Liu Yunshan called on propaganda officials to leverage the advantage provided by the large circulation and distribution of the state-run news media to guide public opinion in an "intimate, natural, quiet, and unobtrusive manner."¹⁴² Shi Feng has said that investigative reporting must "serve the work of the Party and the government."¹⁴³ In September 2005, the Guangming Daily published an editorial saying:

[I]rresponsible expression online easily brings with it ideological confusion, and creates a severe challenge for college students' political ideological education. An important and pressing question for university political ideological education is how to use positive and healthy ideological culture to capture the Internet battlefield and prevent people with ulterior motives from using the Internet to disseminate incorrect ideology and information, and resist infiltration by enemy forces and cult organizations.¹⁴⁴

Government and Party leaders also have said that they intend to co-opt modern communications technologies such as the Internet and mobile communications, and have called on officials to ensure that their propaganda reaches newly emerging social groups.¹⁴⁵ Liu Yunshan noted that Chinese society is becoming increasingly complex as it shifts from one dominated by people employed in state-run enterprises to one in which more and more people work for private enterprises.¹⁴⁶ Given this shifting demographic, Liu said that Party propagandists must "expand the targets of propaganda work" to new groups, such as young intellectuals, and "troubled" groups, such as unemployed workers, migrant workers, and farmers who have lost their land.¹⁴⁷ The Party also focuses political propaganda on Chinese youth. In late 2005, the Party journal Seeking Truth called on Party cadres to focus on guiding the organization of college student groups,¹⁴⁸ and the Guangming Daily published an editorial saying that schools should work to form "united and positive online public opinion" by organizing "ranks of online commentators."¹⁴⁹ Some Chinese universities have also instituted student-run monitoring groups to remove offensive content, including political dissent, from university Internet forums.¹⁵⁰

In December 2004, the State Administration of Radio, Film, and Television (SARFT) issued ethical guidelines requiring television editors, reporters, and hosts to be loyal to, and carry out the work of, the Party.¹⁵¹ Later the same month, SARFT announced that it would require television stations to increase control over what television interviewers say on the air, and only broadcast programs that "comply with propaganda discipline" produced by government-licensed production companies and screened by relevant officials.¹⁵² In March 2005, the Central Propaganda Department, the GAPP, and SARFT jointly issued regulations requiring news reporting and editing personnel to support the leadership of the Party, focus on "correct propaganda" as their guiding principle, and have a firm grasp of "correct guidance of public opinion."¹⁵³ In April 2005, SARFT issued "Interim Implementation Rules for Administration of Those Employed as Radio and Television News Reporters and Editors," saying: "It is necessary to instruct news reporting and editing personnel to strengthen their political consciousness."¹⁵⁴ In September 2005, SARFT issued a notice requiring television announcers and hosts to increase their study of political theory, improve their political character and political proficiency, guide people with correct public opinion, passionately love the motherland, serve the greater interests of the work of the Party and the government, and implement the Party's "line, principles, and policies."¹⁵⁵ The same month, SARFT also issued a notice warning that reports relating to politics and government policies must be handled carefully to avoid "problems." In addition, to "ensure the correct guidance of public opinion," radio and television broadcasters must receive approval from SARFT before making any "large-scale live broadcast reports of significant events . . . especially those live broadcast reports of activities chaired by central leading cadres."¹⁵⁶ The notice also requires all broadcasters to be sensitive to "political" issues and to screen live broadcasts to "ensure their orientation is correct."

The government and the Party remain concerned that Chinese citizens have increased access to foreign sources of information that may dilute the Party's control over public opinion. Senior officials portray the news and information media as a battlefield for the Party's propaganda work that must either be occupied or lost to Western countries. For example, Liu Yunshan has called on Party propagandists to learn how to open to the outside world but prevent "Western enemy forces" from using their "economic and technical superiority to carry out ideological infiltration and cultural expansion" in order to "Westernize and divide" China.¹⁵⁷ Shi Feng has said the government must not abandon the battlefield of public opinion, and has complained that, despite strict government prohibitions on private and foreign investment in newspaper and periodical publishing, people continue to "illegally enter the newspaper and periodical publication domain," and that illegal publishers are a "serious threat" to the Party's ability to use propaganda to influence ideology.¹⁵⁸

The Supreme People's Court also supports censorship to prevent Chinese citizens from having access to "foreign" political ideas. In 1998, the same year it issued a judicial interpretation expanding the scope of Article 225 of China's Criminal Law to include unauthorized publishing,¹⁵⁹ it warned China's judges, "Foreign enemy forces are using publishing as a channel to carry out infiltration and aggravation of our ideology and culture, and there are numerous publications with political problems circulating within the country's borders."¹⁶⁰

The Chinese government attempts to prevent its citizens from having access to uncensored political ideas and information by banning the general distribution of foreign newspapers, news magazines, and television news programs, and by restricting the ability of foreign news agencies to distribute news domestically. In November 2005, Shi Zongyuan, then Director of the GAPP, said that Chinese authorities had halted plans to allow foreign newspapers to print in China because of concerns raised by the recent "color revolutions" in former Soviet republics.¹⁶¹ Also in 2005, the GAPP introduced internal restrictions on foreign magazines, limiting approvals to science and technology publications.¹⁶² In October 2004, SARFT issued regulations prohibiting joint ventures from producing programs on "political news."¹⁶³ In March 2005, SARFT issued an interpretive notice on these regulations that further limits foreign companies to investing in a single joint venture, saying:

[W]e must control the contents of all products of joint ventures in a practical manner, understand the political inclinations and background of foreign joint venture parties, and in this way prevent harmful foreign ideology and culture from entering the realm of our television program production through joint investment and cooperation.¹⁶⁴

In September 2006, Xinhua issued new rules prohibiting foreign news agencies from distributing news to Chinese citizens without government permission.¹⁶⁵ The new rules require foreign news agencies to be licensed by Xinhua and to submit all articles to a government-approved agency for distribution.¹⁶⁶ The new rules give Xinhua the authority to select the news and information that foreign news agencies release, and to delete any information that the government has banned.¹⁶⁷ [For information on the commercial implications of the new rules, see Section VII(d)--Commercial Rule of Law and the Impact of the WTO.]

To prevent Chinese citizens from using television and radio to access ideas and opinions that may conflict with the Party line, the government jams programming offered by the Voice of America and the British Broadcasting Corporation. The government also has enacted regulations that restrict private satellite dish ownership and only permit foreign television news from broadcasters that are "friendly" to China and that offer their programs through government-controlled channels.¹⁶⁹ In August 2005, SARFT issued three notices restricting Chinese citizens' access to foreign television and radio content.¹⁶⁶ In April 2006, SARFT issued a circular¹⁷⁰ repeating the restrictions on the dissemination of foreign news reports that were first put in place in 2002.¹⁷¹ Both circulars prohibit local television stations from using news footage taken from foreign satellite programs and require them to use only international news reports provided by China Central Television and China Radio International. The new circular said these restrictions are required to "ensure correct orientation of public opinion," because some foreign wire services and news media have distributed international news to local television stations with "blatant political intentions." The circular calls on television regulators to "firmly establish political consciousness" and "increasingly bring the administration of international news within the administration of propaganda work."

Chinese officials attempt to prevent citizens who use the Internet from gaining access to ideas and opinions that the government and Party cannot censor. In February 2006, Liu Zhengrong, Deputy Chief of the Internet Affairs Bureau of the State Council Information Office, said Chinese citizens can access the Web freely, except for "a very few" foreign Web sites that are blocked because their contents mostly involve pornography or terrorism.¹⁷² According to one study, however, Chinese authorities operate "the most extensive, technologically sophisticated, and broad-reaching system of Internet filtering in the world" to prevent access to "sensitive" religious and political material on the Internet.¹⁷³ The central government blocks the Web sites of foreign news providers such as the Voice of America, Radio Free Asia, and the British Broadcasting Corporation, and of human rights advocacy groups such as Human Rights Watch, Human Rights in China, Reporters Without Borders, and the Committee to Protect Journalists. Since May 2005, the Chinese government has prevented its citizens from accessing the Commission's Web site.

Notes to Section V(a)--Special Focus for 2006: Freedom of Expression

1 Article 35 of China's Constitution states: "Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration."

2 "Open Letter From 'Freezing Point' Writers to National People's Congress Standing Committee" [Bingdian zhoukan bufen zuozhe zhi zhengzhiju changwei de gongkaixin], Boxun (Online), 18 Feb 06.<"冰点"周刊部分作者 致政治局常委的公开信 | www.cecc.gov> The signatories included Cui Weiping, a professor at the Beijing Film Academy; He Weifang, a law professor at Peking University; and Qin Hui, a history professor at Tsinghua University.

3 "Joint Declaration Concerning the 'Freezing Point' Incident" [Guanyu bingdian shijian de lianhe shengming], Epoch Times (Online), 14 February 06.<2006年1月24日,《冰点》终被中宣部假手团中央的宣传机关下令停刊整顿.这是中国新闻界的重大历史性事件. | www.cecc.gov> The signatories included Zhu Houze, former head of the Central Propaganda Department; Li Rui, former secretary to Mao Zedong; Li Pu, former Deputy Director of the Xinhua News Agency; Zhang Sizhi, former Vice Chair of the Beijing Lawyers Association; Hu Jiwei, former editor-in-chief of the People's Daily; and Zhong Peizhang, former head of the China Youth Daily Group.

4 Liu Yunshan, "In Accordance With the Requirements of Building a Socialist and Harmonious Society: Deepen, Broaden, and Innovate Propaganda Ideological Work" [Anzhao goujian shehuizhuyi hexie shehui yaoqiu shenhua tuozhan chuangxin xuanchuan sixiang gongzuo], Seeking Truth (Online), 1 October 05.<按照构建社会主义和谐社会要求 深化拓展创新宣传思想工作 |www.qsjournal.com.cn>

5 Liu Yunshan, "Earnestly Study and Implement the Spirit of the Fourth Plenary Session of the 16th Chinese Communist Party Central Committee, Strive to Increase the Party's Ability to Lead Ideological Work" [Renzhen xuexi guanche shiliu jie si zhong quanhui jingshen nuli tigao dang lingdao yishi xingtai gongzuo de nengli], Seeking Truth (Online), 16 October 04.<认真学习贯彻十六届四中全会精神 努力提高党领导意识形态工作的能力 |www.cecc.gov>

6 "Long Xinmin: Forcefully Promote the Glorious Development of the News Publishing Industry" [Long Xinmin: dali cujin xinwen chubanye fanrong fazhan], People's Daily (Online), 31 December 05;<龙新民：大力促进新闻出版业繁荣发展 |media.people.com.cn> "Censorship Agency Gets New Director, Calls for 'Uniformity' of Political Ideology," CECC China Human Rights and Rule of Law Update, March 2006, 14.<www.cecc.gov>

7 Liu Yuzhu, "Actively Responding to the Challenge of the Internet Era" [Jiji yingdui wangluo shidai de tiaozhan], Seeking Truth (Online), 1 January 05.<积极应对网络时代的挑战 |www.qsjournal.com.cn>

8 Antoaneta Bezlova, "Big Brother's Book Ban Blues," The Hong Kong Standard (Online), 28 May 05;<www.thestandard.com.hk> "Piracy: A Page Hard to Turn for Regulators," Xinhua (Online), 23 May 05.<news.xinhuanet.com>

9 "Senior Chinese Government, Party, and Business Leaders Deny Internet Censorship," CECC China Human Rights and Rule of Law Update, April 2006, 10;<www.cecc.gov> "Wen Jiabao: It Is Necessary to Learn How to Handle the Social Contradictions of the New Age" [Wen Jiabao: yao xuehui chuli xinshiqi de shehui maodun], Xinhua (Online), 14 March 06;< 温家宝：要学会处理新时期的社会矛盾 | news.xinhuanet.com> Zhao Huanxin, "Regulation of Internet In Line With World Norms," China Daily (Online), 15 February 06;<www.chinadaily.com.cn> "SCIO--China's Regulation of the Internet Complies With International Standards" [Guo Xinban: Zhongguo guanli hulianwang fuhe guoji tongxing zuofa], Xinhua (Online), 15 February 06;<国新办：中国管理互联网符合国际通行做法 |news.xinhuanet.com> "China Denies Arrest of Any Individual for Releasing Online Comment," Xinhua, reprinted in People's Daily (Online), 15 February 06;<english.people.com.cn> "China Denies Harsh Internet Censorship," Xinhua (Online), 14 February 06;<news.xinhuanet.com> "CPPCC Delegate Zhou Jinfeng Calls for Greater Regulation of the Internet" [Zhengxie weiyuan Zhou Jinfeng: Hulianwang youxiao guanli xu youpoyouli], Beijing News, reprinted in People's Daily (Online), 8 March 06.<政协委员周晋峰：互联网有效管理需有破有立 |media.people.com.cn> See also "Liu Binjie: China Is One of the World's Countries Richest in Freedom of Expression and Freedom of the Press," People's Daily (Online), 2 November 03, which states: "Currently China is one of the world's countries richest in freedom of speech and freedom of publication. Those outside of China who make claims about China's news, expression, and press are completely without support."<柳斌杰：中国是世界上言论出版自由最充分的国家之一 |www.people.com.cn> See also State Council Information Office, White Paper on China's Progress in Human Rights in 2004, People's Daily (Online), 13 April 05, which states: "Citizens' freedom of information, of speech and of the press is protected by law."<english.people.com.cn>

10 Universal Declaration of Human Rights, adopted and proclaimed by General Assembly resolution 217A(III) of 10 December 48 [hereinafter UDHR]. Article 19 of the UDHR states: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

11 International Covenant on Civil and Political Rights, adopted by General Assembly resolution 2200A(XXI) of 16 December 66, entry into force 23 March 76 [hereinafter ICCPR]. China has signed, but has not yet ratified, the ICCPR. The Chinese government has committed itself to ratifying, and thus bringing its laws into conformity with, the ICCPR and reaffirmed its commitment as recently as April 13, 2006, in its application for membership in the UN Human Rights Council. China's top leaders have previously stated on three separate occasions that they are preparing for ratification of the ICCPR, including in a September 6, 2005, statement by Politburo member and State Councilor Luo Gan at the 22nd World Congress on Law, in statements by Chinese Premier Wen Jiabao during his May 2005 Europe tour, and in a January 27, 2004, speech by Chinese President Hu Jintao before the French National Assembly.

Article 19 of the ICCPR states: "1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice."

12 Before the Chinese Communist Party came to power, Party officials, and earlier, Karl Marx and Frederick Engels, wrote that requiring the news media to obtain government permission to publish is inconsistent with freedom of the press. See, e.g., "Smash Fascist Publishing Laws" [Dasui faxisi de chubanfa], Xinhua Daily, 29 June 46, reprinted in Comment-cn.net (Online), 20 February 06, which states: "Modern democratic countries like England and the United States simply have nothing like publishing laws formulated to gag freedom of the press. In a publishing law, to adopt requirements that newspapers and periodicals must not only apply and register, but must also obtain permission in order to engage in distribution under a so-called special permit system; only fascist countries have this sort of evil."<打碎法西斯式的出版法 | www.comment-cn.net> See also Mao Zedong's Government Work Report to the Seventh National People's Congress--Discussion of United Government [Mao Zedong zuo qi da zhengzhi baogao--lun lianhe zhengfu], 24 April 45, reprinted in People's Daily (Online), 26 April 01,<毛泽东作七大政治报告——《论联合政府》 | past.people.com.cn> which states: "We believe that the following demands are appropriate, and furthermore represent the very minimum. . . . We demand the elimination of all reactionary laws that suppress the rights of the people to expression, the press, assembly, association, ideology, belief and personhood, and allowing the people to obtain full freedoms and rights." See also Karl Marx, "Debates on Freedom of the Press and Publication of the Proceedings of the Assembly of the Estates," Rheinische Zeitung, Nos. 135, 139, May 1842, which states: "It is the censored press that has a demoralizing effect. . . . The government hears only its own voice, it knows that it hears only its own voice, yet it harbors the illusion that it hears the voice of the people, and it demands that the people, too, should itself harbor this illusion. Freedom of the press will certainly not be achieved by a crowd of official writers being recruited by you from your ranks."<www.marxists.org> See also, "The Condition of England: II The English Constitution," Frederick Engels, written March 1844, first published in Vorworts!, No. 80, 5 October 1844, wherein Engels defines freedom of the press as "the right that any man may publish his opinion without hindrance and without the previous permission of the government."<www.marxists.org>

13 Jiao Hongchang and Yao Guojian (professors at China University of Politics and Law), "Freedom of Expression," in A Study on the Issues of Ratifying and Implementing of the International Covenant on Civil and Political Rights ["Gongmin quanli he zhengzhi quanli guoji gongyue" pizhun yu shishi wenti yanjiu], ed. Chen Guangzhong (Beijing, China Legal System Publishing, 2002), 388.<《公民权利和政治权利国际公约》批准与实施问题研究>

14 UN Press Release, UN Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Cooperation in Europe Representative on Freedom of the Media, and the Organization of American States Special Rapporteur on Freedom of Expression, "International Experts Condemn Curbs on Freedom of Expression and Control Over Media and Journalists," 18 December 03.<www.unhchr.ch> See also UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, "Report on the Mission to the Republic of Korea," E/CN.4/1996/39/Add.1 (1995), 8: "The Special Rapporteur considers that any system of prior restraint on freedom of expression carries with it a heavy presumption of invalidity under international human rights law. Any institutionalization of such restraint adds further weight to this presumption."<www.unhchr.ch>

15 Constitutions of Brazil, art. 5(IX), South Korea, art. 21(2). See also the constitutions of: Austria, art. 13(2), The Netherlands, art. 7(1), and Norway, art. 100.

16 The First Amendment of the U.S. Constitution provides that "Congress shall make no law . . . abridging the freedom of speech, or of the press . . .," and the U.S. Supreme Court has held that: "[L]iberty of the press, historically considered and taken up by the Federal Constitution, has meant, principally although not exclusively, immunity from previous restraints or censorship." Near v. State of Minnesota Ex Rel. Olson, 283 U.S. 697 (1931).<caselaw.lp.findlaw.com> See also Talley v. California, 362 U.S. 60 (1960); Lakewood v. Plain Dealer Publishing Co., 486 U.S. 750 (1988);<caselaw.lp.findlaw.com> and Lovell v. City of Griffin, GA., 303 U.S. 444 (1938).<caselaw.lp.findlaw.com> Similarly, Article 19(1)(a) of India's Constitution states that all citizens are guaranteed the right to freedom of speech and expression, and India's Supreme Court has stated that, "It follows that a citizen for propagation of his or her ideas has a right to publish for circulation his views in periodicals, magazines and journals or through the electronic media . . . ." Supreme Court of India, L.I.C. vs. Professor Manubhai D. Shah, (1992) 3 S.C.C. 637.<judis.nic.in>

17 In Sweden, for example, prior restraints on publications are forbidden by Article 2 of Chapter 1 of the Freedom of the Press Act, which states in part that "no publication shall be subject to scrutiny before printing, nor shall the printing thereof be prohibited." Article 5 of Chapter 5 of the Act requires publishers of periodicals to provide the title and place of printing of the periodical, and its publishing schedule, but the government may only refuse registration if the title of the periodical so closely resembles the title of a periodical for which a publishing license has already been issued that the two may easily be confused. The United Kingdom's Newspaper Libel and Registration Act 1881 requires registration, but under the Companies Act of 1985, registration under the Act is not necessary if the publication is owned by a company that is incorporated under corporate law, if the publication is distributed free of charge, and if it is published at intervals exceeding 26 days.

18 Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, Country Report on Human Rights Practices--2005, Ethiopia, 8 March 06.

19 Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, Country Report on Human Rights Practices--2005, Iran, 8 March 06.

20 Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, Country Report on Human Rights Practices--2005, Jordan, 8 March 06.

21 Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, Country Report on Human Rights Practices--2005, Syria, 8 March 06.

22 Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, Country Report on Human Rights Practices--2005, Uzbekistan, 8 March 06.

23 Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, Country Report on Human Rights Practices--2005, Yemen, 8 March 06.

24 Regulations on the Administration of Publishing [Chuban guanli tiaoli], issued 25 December 01, ch. 2 (Establishment and Administration of Publishing Units).<出版管理条例 | www.cecc.gov>

25 Notice Regarding Prohibiting the Transmission of Harmful Information and Further Regulating Publishing Order [Guanyu jinzhi zhuanbo youhai xinxi jinyibu guifan chuban zhixu de tongzhi], issued 5 November 01: "No one may establish an entity whose primary purpose is to transmit news information and engage in other news publishing activities without permission from the press and publication administration agency."<关于禁止传播有害信息进一步规范出版秩序的通知 | www.cecc.gov>

26 Regulations on the Administration of Publishing, art. 29.<出版管理条例 | www.cecc.gov>

27 Guangdong Press and Publication Administration (Online), "Responsible Person at the General Administration of Press and Publication Book Office Reports on the Previous Year's National Book Publishing Administration Work" [Zongshu tushusi fuzeren tongbao qunian quanguo tushuchuban guanli gongzuo], 24 February 05 (saying that authorities should use the opinions provided when screening the selection of topics to determine the distribution of book numbers, because this "reduces the risks relating to orientation").<总署图书司负责人通报去年全国图书出版管理工作 | www.gdcopyright.org.cn>

28 Article 11(2) of the Regulations on the Administration of Publishing states that publishing work units must have a sponsoring work unit and a managing work unit recognized by the State Council's publishing administration agency.<出版管理条例 | www.cecc.gov> The "sponsoring work unit" must be a government agency of a relatively high level, and the publishing work unit must answer to its sponsoring work unit and managing work unit. Circular Regarding Issuance of the "Temporary Provisions on the Functions of the Sponsoring Work Unit and the Managing Work Unit for Publishing Work Units" [Guanyu fabu "Guanyu chuban danwei de zhuban danwei he zhuguan danwei zhize de zanxing guiding" de tongzhi], issued 29 June 93, arts. 5-6.<关于出版单位的主办单位和主管单位职责的暂行规定 | www.cecc.gov>

29 Cary Huang, "Incomes Up Over 10pc In Urban, Rural Areas," South China Morning Post (Online), 28 Apr 06.<china.scmp.com>

30 Regulations on the Administration of Publishing, art. 11(4).<出版管理条例 | www.cecc.gov>

31 "China Banning Illegal Publications for Overhauling Publications Market, Official Says," Xinhua (Online), 14 May 05.<news.xinhuanet.com>

32 Communication No. 780/1997, UN Human Rights Committee, UN Doc. CCPR/C/68/D/780/1997 (2000)<www1.umn.edu>: "In the absence of any explanation justifying the registration requirements [that prior to publishing and disseminating a leaflet with a print run of 200, the publisher must register the publication with the administrative authorities to obtain index and registration numbers] and the measures taken, it is the view of the Committee that these cannot be deemed necessary for the protection of public order (ordre public) or for respect of the rights or reputations of others. The Committee therefore finds that Article 19, paragraph 2, has been violated in the present case."

33 "Officials Ban Dozens of Papers, Seize Thousands of Political Publications, in 2005," CECC China Human Rights and Rule of Law Update, February 2006, 6;<www.cecc.gov> Sweep Away Pornography and Strike Down Illegal Publications Task Force (Online), "Inner Mongolia Wuhai City Government Suppression of Unauthorized Political Publications, Firm All-Round Line of Defense" [Neimenggu Wuhaishi jinghua chubanwu shichang si dao fangxian zhu de lao], 11 August 05.<内蒙古乌海市净化出版物市场四道防线筑得牢 | www.cecc.gov>

34 "People's Daily Publishes 2005 Censorship Numbers," CECC China Human Rights and Rule of Law Update, May 2006, 4;<www.cecc.gov> Sui Xiaofei and Qu Zhihong, "China's Publishing Sector's Glorious Development Must Move From Being a Big Country to a Great Country" [Woguo chubanye fanrong fazhan; yao cong chuban daguo zouxiang qiangguo], People's Daily (Online), 25 March 06.<我国出版业繁荣发展 要从出版大国走向强国 | culture.people.com.cn>

35 Sweep Away Pornography and Strike Down Illegal Publications Task Force (Online), "Luliang City, Shandong Province Bans an Illegal Newspaper [Shandongsheng Luliangshi qudi yi feifa baozhi], 9 August 05.<山西省吕梁市取缔一非法报纸 | www.cecc.gov>

36 Hunan Provincial Government (Online), "Hunan Province Bans Three Illegal News Organizations and Two Illegal Periodicals" [Hunan sheng qudi san ge feifa xinwen jigou yiji liang jia feifa baokan], 9 September 05.<湖南省取缔三个非法新闻机构以及两家非法报刊 | www.cecc.gov>

37 Sweep Away Pornography and Strike Down Illegal Publications Task Force, "Inner Mongolia Wuhai City Government Suppression of Unauthorized Political Publications, Firm All-Round Line of Defense."<内蒙古乌海市净化出版物市场四道防线筑得牢 | www.cecc.gov>

38 Article 225 of China's Criminal Law makes it a crime for anyone to commit "illegal acts in business operation and thus disrupt market order."

39 "Writing Their Own Poems and Self-Publishing Them, Two 'Poets' Are Convicted" [Ziji xieshi ziji chuban "shiren" bei panxing], People's Daily (Online), 17 January 04.<自己写诗自己出版 两"诗人"被判刑 | www.cecc.gov>

40 "Farming Woman Imprisoned for Illegally Publishing and Printing Books" [Yinzhi feifa tushu huo xing chufajin], China Court Net (Online), 13 September 04.<印制非法图书 获刑并处罚金 | hnfy.chinacourt.org>

41 "Printing and Publishing an Illegal Periodical: Media Group's Chief Representative Sentenced to Three Years' Imprisonment" [Yinshua chuban feifa qikan chuanmei jituan shouxi daibiao huo xing 3 nian], Legal Evening Report, reprinted in Xinhua (Online), 11 August 05.<印刷出版非法期刊 传媒集团首席代表获刑3年 | www.cecc.gov>

42 "New Regulations on Newspapers and Magazines Go Into Effect December 1," CECC China Human Rights and Rule of Law Update, January 2006, 10;<www.cecc.gov> Provisions on the Administration of Newspaper Publishing [Baozhi chuban guanli guiding], issued 30 September 05;<报纸出版管理规定 | www.cecc.gov> Provisions on the Administration of Periodical Publishing [Qikan chuban guanli guiding], issued 30 September 05.<期刊出版管理规定 | www.cecc.gov>

43 "Guangdong Weekly Reports on How Chinese Authorities Have 'United to Purify the Internet'," CECC China Human Rights and Rule of Law Update, September 2005, 9;<www.cecc.gov> Li Liang and Yu Li, "14 Government and Party Agencies Unite to 'Purify' the Internet" [14 buwei lianhe "jinghua" hulianwang], Southern Weekend (Online), 18 August 05.<14部委联合“净化”互联网 | www.nanfangdaily.com.cn>

44 All commercial Web sites must obtain a government license. Measures for the Administration of Internet Information Services [Hulianwang xinxi fuwu guanli banfa], issued 20 September 00.<互联网信息服务管理办法 | www.cecc.gov> All non-commercial Web site operators must register. Registration Administration Measures for Non-Commercial Internet Information Services [Fei jingyingxing hulianwang xinxi fuwu bei'an guanli banfa], issued 28 January 05.<非经营性互联网信息服务备案管理办法 | www.cecc.gov> Because the MII's registration system gives the government discretion to reject an application based on content (i.e., whether the Web site operator intends to post "news," and if so, whether it is authorized to do so), it is qualitatively different from registration which all Web site operators must undertake with a domain registrar, and constitutes a de facto licensing scheme.

45 "MII Reports China's Government Has Met its Goals in Private Web Site Crackdown," CECC Human Rights and Rule of Law Update, September 2005, 5;<www.cecc.gov> "Ministry of Information Industry: Web Sites That Fail to Register May Be Shut Down," CECC Human Rights and Rule of Law Update, June 2005, 3.<未经备案不得从事非经营性互联网信息服务 | www.cecc.gov> According to China's state-run media, the crackdown actually began in July 2004, when authorities launched a "special project" to shut down pornographic Web sites. In November 2004, after the Party issued a document calling for "increasing work on the administration of the Internet," the 14 departments "carried out a large-scale clean up and reorganization of the Internet, and this activity has continued until today." Li Liang and Yu Li, "14 Government and Party Agencies Unite to 'Purify' the Internet."<14部委联合“净化”互联网 | www.nanfangdaily.com.cn> The MII said in a May 30, 2005, announcement posted on its Web site that its authority to launch the campaign was based on the Measures for the Administration of Internet Information Services [Hulianwang xinxi fuwu guanli banfa], issued 20 September 00;<互联网信息服务管理办法 | www.cecc.gov> Ministry of Information Industry (Online), "Ministry of Information Industry Organizes and Launches Work on Web Site Collective Registration" [Xinxi chanyebu zuzhi kaizhan wangzhan jizhong bei'an gongzuo], 30 May 05.<信息产业部组织开展网站集中备案工作 | www.mii.gov.cn> These measures became effective in 2000, however, and the MII did not explain what prompted it to issue the Registration Administration Measures for Non-Commercial Internet Information Services in February 2005 or specify how the measures should be enforced.

46 OpenNet Initiative (Online), "OpenNet Initiative: Bulletin 011--Analysis of China's Non-Commercial Web Site Registration Regulation," 22 February 06.<opennet.net>

47 Ibid.<opennet.net> The Opennet Initiative comprises researchers at the Citizen Lab at the Munk Centre for International Studies, University of Toronto, Berkman Center for Internet & Society at Harvard Law School, the Advanced Network Research Group at the Cambridge Security Programme, University of Cambridge, and the Oxford Internet Institute, Oxford University.

48 "MII to Monitor Online Content, Sanction Web Sites That Fail to Register," CECC China Human Rights and Rule of Law Update, March 2006, 2;<www.cecc.gov> "700,000 Web Sites Already Registered: Three Difficulties in Spotting Illegal Web Sites" [Zhongguo yi you 70 wan jia wangzhan bei'an faxian weifa wangzhan you san nandian], Xinhua (Online), 29 December 05.<中国已有70万家网站备案发现违法网站有三难点 | www.xhby.net>

49 "Authorities Begin to Sanction, Permanently Shut Down Web Sites That Failed to Register With the Government," CECC China Human Rights and Rule of Law Update, August 2005, 1;<www.cecc.gov> Li Liang and Yu Li, "14 Government and Party Agencies Unite to Purify the Internet."<14部委联合“净化”互联网 | www.nanfangdaily.com.cn>

50 "Call for Unregistered Web Sites to Be Shut Down" [Yaoqiu guanbi reng wei bei'an de wangzhan], Boxun (Online), 13 December 05.<中国：要求关闭仍未备案的网站 | peacehall.com> Xinhua reported that Shanghai registered over 150,000 Web sites by October, and that "many" Web sites were shut down for failing to register. "Shanghai Shuts Down 150,000 Illegal Web Sites that Fail to Register" [Shanghai wangzhan yu 15 wan feifa wangzhan bei zanting jieru], Xinhua (Online), 29 December 05.<上海网站逾15万 非法网站被暂停接入 | www.xinhuanet.com> The report also stated that an audit by the Shanghai Communications Administration (SCA) had found that the number of Web sites had increased by 22,000 by December 2005, and a "significant proportion" had not undertaken registration. In response, the SCA contacted the main Internet service providers (defined as anyone who provides "public, shared information to Internet users") in Shanghai, and demanded that they shut down the unregistered Web sites. "MII to Monitor Online Content, Sanction Web Sites That Fail to Register," CECC China Human Rights and Rule of Law Update, March 2006, 2.<www.cecc.gov>

51 "Government Agencies Issue New Regulations Restricting News Reporting on the Internet," CECC China Human Rights and Rule of Law Update, November 2005, 4;<www.cecc.gov> Provisions on the Administration of Internet News Information Services [Hulianwang xinwen xinxi fuwu guanli guiding], issued 25 September 05.<互联网新闻信息服务管理规定 | www.cecc.gov>

52 These were: "Aegean Sea" [Aiqinhai], "China Worker Net" [Zhongguo gongren wang], "Worker, Farmer, Soldier BBS" [Gong, nong, bing BBS], and "Communist Party People Net" [Gongchandang ren wang]. "Groups Petition Government to Review Constitutionality of Internet News Rules," CECC China Human Rights and Rule of Law Update, July 2006, 6;<www.cecc.gov> "Petition on Behalf of 'the Aegean Sea Web Site Et. Al. to Repeal Rules on the Administration of Internet News Information Services' " [Yaoqiu chedi feichu "hulianwang xinwen xinxi fuwu guanli guiding"], Signature Net (Online), 28 March 06.<要求彻底废除《互联网新闻信息服务管理规定》 | www.cecc.gov>

53 The cities included Qingdao, Guangzhou, and Beijing. "Qingdao Internet Police: 30 Percent of Web Sites in the City Are Illegal" [Shi gonganju wang jian zhidui: quanshi wangzhan sancheng shi heihu ewang pingan], Qingdao News (Online), 7 July 05;<市公安局网监支队：全市网站三成是黑户 | www.qingdaonews.com> "Guangzhou Requires Private Web Sites to Register with Police, Receive Government Permission to Post News" [Guangzhou: geren wangzhan xu dao jingfang bei'an kanzai xinwen xu pizhun], Xinhua (Online), 29 April 05;<广州:个人网站须到警方备案 刊载新闻须批准 | www.cecc.gov> "Beijing Requiring Small and Medium Web Sites to Register with Public Security Office" [Beijing gonganju yaoqiu bingdu wangzhan ji zhongxiao wangzhan dao shudi bei'an], Xinhua (Online), 2 June 05.<北京公安局要求病毒网站及中小网站到属地备案 | news.xinhuanet.com> Officials cited provisions of the Measures for the Administration of Security Protection of Computer Information Networks with International Interconnections [Jisuanji xinxi wangluo guoji lianwang anquan baohu guanli banfa], issued 30 December 97,<计算机信息网络国际联网安全保护管理办法 | www.cecc.gov> as authorizing this registration requirement, but did not explain why the government had chosen to begin enforcing those provisions at that time, when the Measures were enacted in 1997. Circular Regarding Centralized Handling of Internet Web Site Registration [Guanyu jizhong banli hulian wangzhan anquan bei'an de tongzhi], issued 28 April 05, art. 1.<关于集中办理互联网站安全备案的通知 | www.cecc.gov>

54 Provisions on Internet Security Protection Technology Measures went into effect on March 1, 2006. "New Rules to Increase Government Surveillance of Internet News Go Into Effect," CECC China Human Rights and Rule of Law Update, April 2006, 16;<www.cecc.gov> Provisions on Internet Security Protection Technology Measures [Hulian wang anquan baohu jishu cuoshi guiding], issued 28 December 05.<互联网安全保护技术措施规定 | www.cecc.gov>

55 Measures for the Administration of Journalist Accreditation Cards [Xinwen jizhezheng guanli banfa], issued 10 January 05;<新闻记者证管理办法 | www.cecc.gov> Measures for the Administration of News Bureaus [Baoshejizhezhan guanli banfa], issued 10 January 05;<报社记者站管理办法 | www.cecc.gov> Interim Provisions for the Administration of Those Employed as News Reporters and Editors [Guanyu xinwen caibian renyuan congye guanli de guiding (shixing)], issued 22 March 05;<关于新闻采编人员从业管理的规定(试行) | www.cecc.gov> Interim Implementation Rules for the Administration of Those Employed as Radio and Television News Reporters and Editors [Guangdianzongju yinfa "guangbo yingshi xinwen caipian renyuan congye guanli de shishi fangan (shixing) de tongzhi"], issued 1 April 05;<广电总局印发《广播影视新闻采编人员从业管理的实施方案（试行）》的通知 | www.cecc.gov> "China Begins To Implement Trial Internet News Editor Qualification Test Areas" [Zhongguo kaishi shixing wangluo bianji renyuan zige kaoshi shidian], Xinhua (Online), 22 October 05;<中国开始实行网络编辑员资格考试试点 | news.xinhuanet.com> "Internet Editors Can Apply For Professional Certification" [Wangluo bianji ke kao zhiye zigezheng], Beijing News (Online), 13 February 06.<网络编辑可考职业资格证 | news.thebeijingnews.com>

56 "International Experts Condemn Curbs on Freedom of Expression and Control Over Media and Journalists," UN Press Release, UN Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Cooperation in Europe Representative on Freedom of the Media, and the Organization of American States Special Rapporteur on Freedom of Expression, 18 December 03, stating, inter alia: " Individual journalists should not be required to be licensed or to register. Accreditation schemes for journalists are appropriate only where necessary to provide them with privileged access to certain places and/or events; such schemes should be overseen by an independent body and accreditation decisions should be taken pursuant to a fair and transparent process, based on clear and non discriminatory criteria published in advance."<www.unhchr.ch>

57 Measures for the Administration of Journalist Accreditation Cards, arts. 7, 13.<新闻记者证管理办法 | www.cecc.gov>

58 Interim Provisions for the Administration of Those Employed as News Reporters and Editors.<关于新闻采编人员从业管理的规定(试行) | www.cecc.gov>

59 Lang is a Taiwan-born professor of finance at the Chinese University of Hong Kong. According to one press account, "Lang's tirades against the sale of state assets struck a nerve in a country increasingly concerned about the corruption involved in the rapid accumulation of wealth by some entrepreneurs in recent years." "SARFT Uses Accreditation Authority to Silence Critical Television Host," CECC China Human Rights and Rule of Law Update, April 2006, 15;<www.cecc.gov> "Should We Cautiously Execute Corrupt High Officials? " [Gai bu gai shen sha ju tan gaoguan], Defense Lawyer Net (Online), 17 May 06;<该不该慎杀巨贪高官 | www.xingbian.cn> Richard McGregor, "Chat Show Economist Forced Off China TV," Financial Times (Online), 14 March 06.<news.ft.com>

60 UDHR, art. 29;<www.un.org> ICCPR, art. 19(3).<www.ohchr.org>

61 Regulations on the Administration of Publishing, art. 26.<出版管理条例 | www.cecc.gov>

62 Provisions on the Administration of Internet News Information Services, art. 19.<互联网新闻信息服务管理规定 | www.cecc.gov>

63 Measures for the Administration of Security Protection of Computer Information Networks with International Interconnections, art. 5.<计算机信息网络国际联网安全保护管理办法 | www.cecc.gov>

64 PRC Criminal Law, enacted 1 July 79, amended 14 March 97, 25 December 99<中华人民共和国刑法修正案 | www.cecc.gov>, 31 August 01<中华人民共和国刑法修正案（二） | www.cecc.gov>, 29 December 01<中华人民共和国刑法修正案（三） | www.cecc.gov>, 28 December 02<中华人民共和国刑法修正案（四） | www.cecc.gov>, 28 February 05<中华人民共和国刑法修正案（五） | www.cecc.gov>, 29 June 06, art. 105<中华人民共和国刑法修正案（六） | www.cecc.gov>.

65 See, e.g., Provisions on the Protection of Secrets in News Publishing: [Xinwen chuban baomi guiding], art. 14: "Anyone wishing to provide a foreign news publishing organization a report or publication with contents that relate to the nation's government, economy, diplomacy, technology or military shall first apply to this agency or their supervising organ or unit for examination and approval." See also PRC Law on the Protection of State Secrets [Zhonghua renmin gongheguo baoshou guojia mimi fa], issued 5 September 88, art. 8;<保守国家秘密法 | www.cecc.gov> Measures for the Implementation of the Law on the Protection of State Secrets [Zhonghua renmin gongheguo baoshou guojia mimi fa shishi banfa], issued 25 April 20, art. 4;<保守国家秘密法实施办法 | www.cecc.gov> and Article 1 of the Explanation of Certain Issues Regarding the Specific Laws to be Used in Adjudicating Cases of Stealing or Spying to Obtain, or Illegally Supplying, State Secrets or Intelligence for Foreigners [Guanyu shenli wei jingwai qiequ, citan, shoumai, feifa tigong guojia mimi, qingbao anjian juti yingyong falu ruogan wenti de jieshi], issued 20 November 00, which states: "The term 'intelligence' in Article 111 of the Criminal Law refers to items which involve the security and interests of the nation, but which are not public or which, according to relevant regulations, should not be made public."<关于审理为境外窃取、刺探、收买、非法提供国家秘密、情报案件具体应用法律若干问题的解释 | www.cecc.gov> See also "Secrets Protection Knowledge" [Baomi zhishi], posted on the Administration for the Protection of State Secrets of Guangdong province Web site, which states: " 'Relating to the security and interests of the nation,' means that, if a secret matter were known by people who do not currently know it, it would result in various kinds of harm to the security and interests of the nation."<保密知识 | www.bmj.gd.gov.cn> In September 2003, the Guangzhou Daily published a warning to readers that everyone from Internet users to garbage collectors can run afoul of China's state secrets legislation. "If a Nanny Can Disclose State Secrets, Then Average Citizens Should Raise Their Awareness of Preserving Secrets" [Baomu jingran xielou guojia jimi baixing yexu tigao baomi yishi], People's Daily (Online), 5 September 03.<保姆竟然泄露国家机密 百姓也须提高保密意识 | www.people.com.cn>

66 The Supreme People's Court has extended liability for disclosing state secrets negligently. Explanation of Certain Issues Regarding the Specific Laws to be Used in Adjudicating Cases of Stealing or Spying to Obtain, or Illegally Supplying, State Secrets or Intelligence for Foreigners, art. 5, which states: "Any person who knows, or should know, that an item which is not marked secret relates to the security and interests of the nation and steals, acquires through spying or buys it for, or illegally supplies it to, a foreigner, shall be prosecuted and punished under the provisions of Article 111 of the Criminal Law for stealing, acquiring through spying or buying state secrets for, or illegally supplying state secrets to, a foreigner."<关于审理为境外窃取、刺探、收买、非法提供国家秘密、情报案件具体应用法律若干问题的解释 | www.cecc.gov>

67 Such a standard exists in many representative democracies. See, e.g., Supreme Court of India, Secretary, Ministry of Information and Broadcasting vs. Cricket Association of Bengal and Others, (1995) 2 S.C.C. 161 (stating "the burden is on the authority to justify the restrictions [on freedom of expression]").<judis.nic.in> The Chinese government appears to have begun to recognize the importance of such a requirement. Compare the statutory language discussed above with that of Article 291(a), which was added to China's Criminal Law in December 2001, which makes dissemination of "terrorist information" a crime, but which requires both that the accused knew the information was fabricated and that the dissemination actually resulted in a disturbance of public order. Third Amendment to the Criminal Law of the People's Republic of China [Zhonghua renmin gonghe guo xingfa xiuzheng an (san)], issued 29 December 01.<中华人民共和国刑法修正案（三） | www.cecc.gov>

68 "It is Possible to Accidentally Disclose State Secrets Over Your Cell Phone" [Shouji bu kai ye neng xie "tianji" wuyi xiemi keneng panxing], Xinhua (Online), 1 May 05.<手机不开也能泄“天机” 无意泄密可能被判刑 | www.sc.xinhuanet.com>

69 The Chinese government formed an interagency group called the National Sweep Away Pornography and Strike Down Illegal Publications Task Force (sometimes translated as the "Office for Eliminating Pornography and Illegal Publications," or the "Office of the National Anti-Piracy and Pornography Working Committee"). It is responsible for investigating and prosecuting illegal publishing, and has 17 members, including the Communist Party Central Propaganda Department, Political and Legislative Affairs Commission under the Central Committee of the Communist Party of China, Ministry of Information Industry, Ministry of Culture, SARFT, GAPP, and the People's Liberation Army General Political Department's Propaganda Department.<全国扫黄打非工作小组办公室 | www.cecc.gov>

70 "2004 News Publishing Industry Development Report" [2004 nian xinwen chubanye fazhan baogao], People's Daily (Online), 1 February 05.<2004年新闻出版业发展报告 进一步发展繁荣 | www.cecc.gov>

71 According to the editor of a major Chinese magazine noted for publishing critical articles without being shut down, "We go up to the line--we might even push it. But we never cross it." David Barboza, "Pushing (and Toeing) the Line in China," New York Times (Online), 18 April 05.<www.cecc.gov>

72 "Also, defense counsel takes the standpoint that Huang Qi has freedom of speech, and may freely express his opinion on a given matter. This court believes that freedom of speech is a political right of the citizens of China, but when exercising this right, no one may harm the interests or security of the nation, and may not use rumor mongering or defamation to incite subversion of the national regime. Therefore, the court takes note that the defense counsel takes a standpoint that only stresses the right of the accused, and ignores his duties." Sichuan, Chengdu Intermediate People's Court Criminal Judgment (2001), Chengdu Criminal First Instance Document No. 49 [Sichuan sheng Chengdu shi zhongji renmin fayuan xingshi panjue shu (2001) cheng xing chu zi di 49 hao], issued 22 February 03.<四川省成都市中级人民法院刑事判决书（２００１）成刑初字第４９号 | www.64tianwang.com>

73 Shanghai No. 2 Intermediate People's Court Criminal Judgment (2003), Shanghai Second Intermediate Document No. 136 [Shanghai shi di er zhongji renmin fayuan xingshi panjue shu (2003) hu er zhong xing chu zi di 136 hao], issued 5 November 03.<上海市第二中级人民法院刑事判决书（2003）沪二中刑初字第136号 | www.bianhu.com.cn>

74 PRC Law on the Protection of State Secrets [Zhonghua renmin gongheguo baoshou guojia mimi fa], issued 5 September 88, art. 11.<保守国家秘密法 | www.cecc.gov> In addition, Chinese regulations require all news outlets to have personnel and procedures in place to determine whether information intended for public reporting contains state secrets. See, e.g., Notice Regarding Preventing State Secrets from Being Divulged in Publications [Guanyu fangzhi zai chubanwu zhong xielu guojia mimi de tongzhi], issued 12 March 94;<关于防止在出版物中泄露国家秘密的通知 | www.cecc.gov> Provisions on the Protection of Secrets in News Publishing [Xinwen chuban baomi guiding], issued 13 June 92.<新闻出版保密规定 | www.cecc.gov>

75 Shanghai High People's Court Criminal Judgment (2003), Shanghai High Document No. 181 [Shanghai shi gaoji renmin fayuan xingshi panjue shu (2003) hu gao xing chu zi di 181 hao], issued 23 August 03.<上海市高级人民法院刑事裁定书(2003)沪高刑终字第181 | www.shanghailawyer.net>

76 CECC Staff Testing.<中外猎头抢滩国内人才市场 | www.cqdj.gov.cn><当前经济社会发展面临的主要矛盾和问题 | www.bjclt.gov.cn>

77 After holding Zhao in custody for almost two years, a Chinese court acquitted him of disclosing state secrets on August 25, 2006, but sentenced him to three years' imprisonment on an unrelated fraud charge, fined him 2,000 yuan (US$250), and ordered him to pay back 20,000 yuan (US$2,500) that it ruled he had acquired through fraud. "China Gives Times Researcher 3 Years," New York Times (Online), 25 August 06;<www.nytimes.com> "Journalist Imprisoned For Fraud," China Daily (Online), 26 August 06.<www.chinadaily.com.cn>

78 "GAPP: Indoctrination, Prior Restraints, Political Censorship 'Highlights' of '05," CECC China Human Rights and Rule of Law Update, March 2006, 16;<www.cecc.gov> "Looking Back on 2005: Focusing on Ten Bright Spots on the Press Battle Lines" [Hui mou 2005: xinwen chuban zhanxian shi da liang dian zhumu], General Administration for Press and Publication (Online), 4 January 06.<回眸2005：新闻出版战线十大亮点瞩目 | press.gapp.gov.cn>

79 "The 'Three Studies Education' Results Are Clear: News Personnel Develop in a Healthy Way" ["San xiang xuexi jiaoyu" chengguo xianzhu xinwen duiwu jiankang fazhan], Xinhua (Online), 1 May 06.<"三项学习教育"成果显著 新闻队伍健康发展 | news.xinhuanet.com>

80 "News Industry Clarifies the Specific Ideology Underlying Propaganda and the 'Eight Glories and Eight Shames' " [Xinwenjie mingque xuanchuan he jianxing "ba rong ba chi" juti silu], Xinhua (Online), 12 April 06.<新闻界明确宣传和践行“八荣八耻”具体思路 | news.xinhuanet.com>

81 Ibid.<新闻界明确宣传和践行“八荣八耻”具体思路 | news.xinhuanet.com>

82 "Internet Operators in China Agree to Support Hu Jintao, Marxism, and the Party," CECC China Human Rights and Rule of Law Update, May 2006, 9;<www.cecc.gov> Philip P. Pan, "The Click That Broke a Government's Grip," Washington Post, 19 February 06, A1.<www.washingtonpost.com>

83 CECC Staff Interview.

84 "Chinese Authorities Crack Down on Progressive Newspaper Publisher," CECC China Human Rights and Rule of Law Update, February 2006, 13.<www.cecc.gov>

85 "Pressure on the Press," Newsweek (International Edition), reprinted on MSNBC (Online), 27 June 05.<msnbc.msn.com>

86 Extra-territorial (yidi) reporting refers to the practice in which a newspaper from one area publishes critical investigative reports about another area, about matters that officials in the investigated area are preventing their local news media from reporting. For additional background, see "Chinese Government Increases Censorship by Restricting 'Extra-Territorial' Reporting," CECC China Human Rights and Rule of Law Update, July 2005, 2.<www.cecc.gov>

87 "Beijing News Reporters Walk Out Over Top Editor's Removal," Reuters, reprinted in China Post (Online), 31 December 05.<www.chinapost.com.tw>

88 Decision Regarding the Handling of the China Youth Daily "Freezing Point Weekly" Mistake in Publishing Modernism and History Text Books [Zhongguo gongqingtuan zhongyang xuanchuanbu "guanyu dui zhongguo qingnianbao 'bingdian zhoukan' cuowu kanfa xiandaihua yu lishi jiaokeshu de chuli jueding"], issued 24 January 06.<中国共青团中央宣传部《关于对中国青年报《冰点周刊》错误刊发〈现代化与历史教科书〉的处理决定》 | www.cecc.gov>

89 "Yuan Weishi Welcomes Freezing Point's Resumption of Publication, Hopes He Can Respond to Criticism" [Yuan Weishi huanying bingdian fukan xi neng huiying piping], Voice of America (Online), 17 February 06.<袁伟时欢迎冰点复刊希能回应批评 | www.voanews.com>

90 Decision of the Communist Party Youth League Publishing House Communist Party Committee Regarding Handling the Rectification and Expeditious Relaunch of the "Freezing Point" Weekly [Zhongguo qingnian baoshe dangzu guanyu dui bingdian zhoukan zhengdun he zhengqu zaori fukan de chuli jueding], issued 16 February 06.<中国青年报社党组关于对冰点周刊整顿和争取早日复刊的处理决定 | www.cecc.gov>

The Freezing Point incident also exposed the role of the CPD's Critical Review Committee, which operates under the Central Propaganda Department's News Office, and comprises about 10 officials. The Committee issues on average 800 reports each year, about half of which are negative, that bypass standard reporting channels, and can go directly to senior Party officials or the propaganda offices at provincial and local news media organizations. When the Critical Review Committee celebrated its 10th anniversary in 2004, two senior Central Propaganda Department officials issued a congratulatory statement on behalf of Politburo member Li Changchun and Liu Yunshan, a Communist Party Central Committee member who also serves as Secretary of the Party Secretariat and Director of the Central Propaganda Department. Ji Bingxuan, one of the officials, emphasized that, "Establishing a news critique system was an innovation in news supervision in this new era." "Calls Within the Party To Relax Media Restrictions, The News Reading and Criticizing Group Is Exposed" [Zhonggong dangnei huyu xinwen songbang, xinwen yupingzu baoguang], Asia Weekly (Online), 4 March 06.<中共党内呼籲新闻松绑，新闻阅评组曝光 | www1.chinesenewsnet.com> In their open letter regarding the Freezing Point incident, the 13 former senior government, Party, and news media officials singled out the Critical Review Committee for criticism, saying: "They have not only engaged in stigmatizing and criticizing, but have even gone so far as to manufacture all sorts of "blacklists," carry out secret investigations, waiting for an opportunity to pounce, sometimes carrying out the process of an "execution" with instruction on a single phone call, leaving the target without any right to plead their case. Their methods are incredibly crude, and are not subject to any legal restraints whatsoever." "Joint Declaration Concerning the 'Freezing Point' Incident" [Guanyu bingdian shijian de lianhe shengming], Epoch Times (Online), 14 February 06.<2006年1月24日,《冰点》终被中宣部假手团中央的宣传机关下令停刊整顿.这是中国新闻界的重大历史性事件. | www.cecc.gov>

91 Charles Hutzler, "China Finds New Ways To Restrict Access to the Internet," Wall Street Journal, 1 September 04;<www.cecc.gov> Xiao Qiang, "The Words You Never See in Chinese Cyberspace," China Digital Times (Online), 30 August 04.<www.cecc.gov>

92 The Internet in China--A Tool of Freedom or Suppression?, Hearing of the Subcommittee on Africa, Global Human Rights, and International Operations, Committee on International Relations, U.S. House of Representatives, 15 February 06, Written Statement Submitted by Elliot Schrage, Vice President, Global Communications and Public Affairs, Google, Inc.<www.internationalrelations.house.gov>

93 Ibid.<www.internationalrelations.house.gov>

94 "Internet Operators in China Agree to Support Hu Jintao, Marxism, and the Party," CECC China Human Rights and Rule of Law Update, May 2006, 9;<www.cecc.gov> "14 Web Sites Sign Letter Jointly Calling on Internet to Be Operated in a Civilized Manner" [Beijing 14 jia wangzhan lianhe xiang hulianwangjie fachu wenming ban wang changyishu], People's Daily (Online), 10 April 06.<北京14家网站联合向互联网界发出文明办网倡议书 | politics.people.com.cn> The former phrase refers to President Hu Jintao's "Eight Glories and Eight Shames" propaganda slogan, and the latter phrase means, according to Liu Yunshan, head of the Central Propaganda Department, to: "carry forward a nationalist spirit whose core is patriotism . . . carry forward collectivist and socialist ideology and allow it to become the main stream of modern times and the prevailing fashion of the entire society . . . require the coordination of the lines of propaganda of ideological warfare . . . and pluck the people's heart strings to bring about their sympathetic response. . . ." Liu Yunshan, "Earnestly Study and Implement the Spirit of the Fourth Plenary Session of the 16th Chinese Communist Party Central Committee; Strive to Increase the Party's Ability to Lead Ideological Work."<认真学习贯彻十六届四中全会精神 努力提高党领导意识形态工作的能力 | www.cecc.gov>

95 "GAPP Head Long Xinmin: Reform Does Not Mean Fragmentation" [Xinwen chuban zongshu shuzhang Long Xinmin: gaige budengyu jituanhua], People's Daily (Online), 6 April 06.<新闻出版总署署长龙新民：改革不等于集团化 | www.cecc.gov>

96 Circular on "Self Discipline Agreement for Chinese Radio and Television Announcers and Hosts" [Guangdianzongju guanyu pizhuan zhongguo guangbo dianshi xiehui "Zhongguo guangbo dianshi boyinyuan zhuchiren zilu gongyue" de tongzhi], issued 10 September 05.<广电总局关于批转中国广播电视协会《中国广播电视播音员主持人自律公约》的通知 | www.cecc.gov>

97 As noted above, the UDHR and ICCPR protect the right of citizens to impart information and ideas of all kinds. For examples of how this right is protected by other jurisdictions, see, e.g., Baumgartner v. U.S., 322 U.S. 665 (1944): "One of the prerogatives of American citizenship is the right to criticize public men and measures--and that means not only informed and responsible criticism but the freedom to speak foolishly and without moderation."<caselaw.lp.findlaw.com> See also Mills v. Alabama, 384 U.S. 214 (1966): "Thus the press serves and was designed to serve as a powerful antidote to any abuses of power by governmental officials and as a constitutionally chosen means for keeping officials elected by the people responsible to all the people whom they were selected to serve. Suppression of the right of the press to praise or criticize governmental agents and to clamor and contend for or against change . . . muzzles one of the very agencies the Framers of our Constitution thoughtfully and deliberately selected to improve our society and keep it free." See also European Court of Human Rights, Ekin Association v. France--39288/98 [2001] ECHR 473 (17 July 2001) <www.worldlii.org>: "Freedom of expression constitutes one of the essential foundations of a democratic society. Subject to paragraph 2 of Article 10, it is applicable not only to 'information' or 'ideas' that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no 'democratic society.' "See also European Court of Human Rights, Castells v. Spain--11798/85 [1992] ECHR 48 (23 April 1992) <www.worldlii.org>: "Freedom of the press affords the public one of the best means of discovering and forming an opinion of the ideas and attitudes of their political leaders. In particular, it gives politicians the opportunity to reflect and comment on the preoccupations of public opinion; it thus enables everyone to participate in the free political debate which is at the very core of the concept of a 'democratic society.'" See also Supreme Court of India, Secretary, Ministry of Information and Broadcasting vs. Cricket Association of Bengal and Others, (1995) 2 S.C.C. 161 <judis.nic.in>: "In a democracy, people govern themselves and they cannot govern themselves properly unless they are aware--aware of social, political, economic and other issues confronting them. To enable them to make a proper judgment on those issues, they must have the benefit of a range of opinions on those issues. Right to receive and impart information is implicit in free speech. This plurality of opinions, views and ideas is indispensable for enabling them to make an informed judgment on those issues to know what is their true interest, to make them responsible citizens, to safeguard their rights as also the interests of society and State." See also Supreme Court of India, L.I.C. vs. Professor Manubhai D. Shah, (1992) 3 S.C.C. 637: "Merely because it is critical of the State Government is no reason to deny selection and exhibition of the film."<judis.nic.in>

98 "Inter-Agency Task Force Cracks Down on Political Publications," CECC China Human Rights and Rule of Law Update, April 2006, 13.<www.cecc.gov> Ji Yanan, "Increase the Force of the 'Sweep Away Pornography and Strike Down Illegal Publications' Campaign" [Jiada "saohuangdafei" lidu], Guangming Daily (Online), 23 Feb 06.<加大“扫黄打非”力度 | www.gmw.cn>

99 "Senior Censorship Agency Official Says Communist Party Must Control News Media," CECC China Human Rights and Rule of Law Update, January 2006, 16;<www.cecc.gov> "Shi Feng: Create a Public Opinion Environment Conducive to a Harmonious Society" [Shi feng: wei hexie shehui jianshe yingzao lianghao yulun huanjing], People's Daily (Online), 15 October 05.<石峰：为和谐社会建设营造良好舆论环境 | media.people.com.cn>

100 Ji Yanan, "Increase the Force of the 'Sweep Away Pornography and Strike Down Illegal Publications" [Jiada "saohuangdafei" lidu], Guangming Daily (Online), 23 February 06.<www.cecc.gov>

101 Radio, Film, and Television Propaganda Priorities for 2005 [2005 nian guangbo yingshi xuanchuan gongzuo yaodian], issued 22 February 05.<2005年广播影视宣传工作要点 | www.cecc.gov>

102 Circular Regarding the Printing and Promulgation of the "Measures on the Recording of Important Topics of Books, Periodicals, Audio/Visual Productions and Electronic Publications" [Guanyu yinfa "tushu, qikan, yinxiang zhipin, dianzi chubanwu zhongda xuanti beian banfa" de tongzhi], issued 10 October 97.<关于期刊业治理工作的通知 | www.cecc.gov>

103 Sui Xiaofei and Qu Zhihong, "China's Publishing Sector's Glorious Development Must Move From Being a Big Country to a Great Country."<www.cecc.gov>

104 Regulations on the Administration of Publishing, art. 3;<出版管理条例 | www.cecc.gov> Circular Regarding Further Strengthening the Administration of Periodicals Relating to Current Affairs and Politics, General Lifestyle, Information Tabloids, and Scientific Theory [Guanyu jinyibu jiaqiang shishi zhengzhi lei, zonghe wenhua shenghuo lei, xinxi wenzhai lei hei xueshu lilun lei qikan guanli de tongzhi], issued 28 June 00.<关于进一步加强时事政治类、综合文化生活类、信息文摘类和学术理论类期刊管理的通知 | www.cecc.gov>

105 Circular Regarding Further Strengthening the Administration of Periodicals Relating to Current Affairs and Politics, General Lifestyle, Information Tabloids, and Scientific Theory.<关于进一步加强时事政治类、综合文化生活类、信息文摘类和学术理论类期刊管理的通知 | www.cecc.gov>

106 Circular Regarding Further Strengthening the Administration of Selection of Articles for Newspapers and Periodicals [Xinwen chuban zongshu guanyu jiaqiang baokan zhaizhuan gaojian guanli de tongzhi], issued 25 February 05.<新闻出版署关于进一步加强报刊摘转稿件管理的通知 | www.cecc.gov> See also Circular Regarding Certain Problems with Recent Publishing of Periodicals [Guanyu muqian qikan chuban youguan wenti de tongzhi], issued 16 October 98.<关于目前期刊出版有关问题的通知 | www.cecc.gov>

107 Provisions Regarding Strengthening the Administration of Publications Describing Major Party and National Leaders [Guanyu dui miaoxie dang he guojia zhuyao lingdaoren de chubanwu jiaqiang guanli de guiding], issued 5 May 90, art. 2.<关于对描写党和国家主要领导人的出版物加强管理的规定 | www.cecc.gov>

108 Circular Regarding the Printing and Promulgation of the "Measures on the Recording of Important Topics of Books, Periodicals, Audio/Visual Productions and Electronic Publications" [Guanyu yinfa "tushu, qikan, yinxiang zhipin, dianzi chubanwu zhongda xuanti beian banfa" de tongzhi], issued 10 October 97.<关于印发《图书、期刊、音像制品、电子出版物重大选题备案办法》的通知 | www.cecc.gov> Circular Regarding Strengthening and Improving the Work of Recording Important Topics [Guanyu jiaqiang he gaijin zhongda xuanti beian gongzuo de tongzhi], issued 9 March 99.<新闻出版署关于加强和改进重大选题备案工作的通知 | www.cecc.gov> Examples of "important topic selections" include the work and life of Party and the government leaders, the history of the PRC, the history of the People's Liberation Army, and foreign relations, and religion. Circular Regarding Further Strengthening the Administration of Relevant Publications [Guanyu jin yi bu jiaqiang dui youguan chubanwu guanli de tongzhi], issued 24 August 98.<关于进一步加强对有关出版物管理的通知 | www.cecc.gov>

109 Circular Regarding Further Strengthening the Administration of Relevant Publications, art. 1; Provisions Regarding Strengthening the Administration of Publications Describing Major Party and National Leaders, art. 3;<关于对描写党和国家主要领导人的出版物加强管理的规定 | www.cecc.gov> Urgent Circular Regarding Reaffirming the Strengthening of the Administration of Books Reflecting the Work and Life Circumstances of the Major Leaders of the Party and the Nation [Guanyu chongshen dui chuban fanying he guojia zhuyao lingdaoren gongzuo he shenghuo qingkuang tushu jiaqiang guanli de jinji tongzhi], issued 24 January 97, art. 3.<关于重申对出版反映党和国家主要领导人工作和生活情况图书加强管理的紧急通知 | www.cecc.gov>

110 Guangdong Press and Publication Administration (Online), "Responsible Person at the General Administration of Press and Publication Book Office Reports on the Previous Year's National Book Publishing Administration Work" [Zongshu tushusi fuzeren tongbao qunian quanguo tushuchuban guanli gongzuo], 24 February 05.<总署图书司负责人通报去年全国图书出版管理工作 | www.gdcopyright.org.cn>

111 Provisions on the Administration of Newspaper Publishing;<报纸出版管理规定 | www.cecc.gov> Provisions on the Administration of Periodical Publishing.<期刊出版管理规定 | www.cecc.gov>

112 Circular Regarding Restructuring Inspection and Examination Measures for Important Revolution and Historical Material Movie and Television Projects and Completed Films [Guanyu tiaozheng zhongda geming he lishi ticai dianying, dianshiju lixiang ji wancheng pian shencha banfa de tongzhi], issued 28 July 03.<关于调整重大革命和历史题材电影、电视剧立项及完成片审查办法的通知 | www.cecc.gov>

113 Circular Regarding Publication of the "Interim Measures on the Administration of the Recording and Notification of Television Program Film Production" [Guangdianzongju guanyu yinfa "dianshiju paishe zhizuo bei'an gongshi guanli zanxing banfa" de tongzhi], issued 6 April 06.<广电总局关于印发《电视剧拍摄制作备案公示管理暂行办法》的通知 | www.cecc.gov>

114 Provisions on the Administration of Television Dramas [Dianshiju guanli guiding], issued 15 June 00, art. 39.<电视剧管理规定 | www.cecc.gov>

115 Ding Yang, " 'Sweep Away Pornography and Strike Down Illegal Publications' Adopts Measures to Escort the Ship of the Two Holidays and Two Meetings" ["Sahuang dafei" caiqu cuoshi huhang liangjie lianghui], Guangming Daily (Online), 19 January 06;<“扫黄打非”办采取措施护航两节两会 | www.gmw.cn> "Authorities Increase News and Political Censorship in Run-Up to NPC, CPPCC Sessions," CECC China Human Rights and Rule of Law Update, May 2006, 13.<www.cecc.gov>

116 Circular Regarding Rectifying the Publishing Market and Cultural Entertainment Market to Create a Good Atmosphere for New Year's, Spring Festival, and the "Two Meetings" [Guanyu jinghua chubanwu shichang ji wenhua yule shichang wei yuandan, chunjie he quanguo "liang hui" zhaokai chuangzao lianghao wenhua huanjing de tongzhi], issued 4 January 06.<关于净化出版物市场及文化娱乐市场为元旦、春节和全国“两会”召开创造良好文化环境的通知 | www.cecc.gov>

117 Yuan Haizhen, "Increase Supervision of Publications Market, Create a Good Atmosphere for the Two Meetings" [Jiaqiang chubanwu shichang jianguan wei "liang hui" yingzao lianghao huanjing], Henan Daily, reprinted in Xinhua (Online) 23 February 06.<加强出版物市场监管 为"两会"营造良好环境 | www.ha.xinhuanet.com>

118 "Court Rejects Writer Zhang Lin's Appeal of Conviction For Subversive Writings," CECC Human Rights and Rule of Law Update, November, 2005, 3.<www.cecc.gov>

119 "Authorities Arrest and Imprison Writers for Online Essays Criticizing Government," CECC China Human Rights and Rule of Law Update, September 2006, 2-3;<www.cecc.gov> "Journalist Arrested For Posting Reports About Crackdown On Christians," Reporters Without Borders (Online), 11 August 06.<www.rsf.org>

120 "Groups Petition Government to Review Constitutionality Of Internet News Rules," CECC China Human Rights and Rule of Law Update, July 2006, 6.<www.cecc.gov>

121 "Two Mainland Web Portals Blocked," South China Morning Post (Online), 20 June 06.<china.scmp.com>

122 "Government Shuts Down Web Site; Chinese Scholars and Activists Respond," CECC Human Rights and Rule of Law Update, September 2006, 12-13.<www.cecc.gov>

123 "Authorities Close Polls Website for Third Time in Three Months," Reporters Without Borders (Online), 3 August 06.<www.rsf.org>

124 UDHR, art. 18 (guaranteeing "freedom of thought, conscience and religion"),<www.un.org> ICCPR, art. 22,<www.ohchr.org> and ICCPR General Comment No. 22: The Right to Freedom of Thought, Conscience and Religion (Art. 18), 30 July 93,<www.unhchr.ch> item 4 of which defines freedom of religion and belief to include "the freedom to prepare and distribute religious texts or publications."

125 State Council Information Office, White Paper on Freedom of Religious Belief in China [Zhongguo de zongjiao xinyang ziyou zhuangkuang], October 97.

126 Regulations on the Administration of Printing Enterprises [Yinshuaye guanli tiaoli], issued 2 August 01, art. 31.<印刷业管理条例 | www.cecc.gov>

127 Ibid, art. 18.<印刷业管理条例 | www.cecc.gov>

128 Ibid.<印刷业管理条例 | www.cecc.gov>

129 See, e.g., Provisions on the Administration of Newspaper Publication, art. 27 (requiring all newspapers to strictly abide by "relevant regulations" when publishing or reprinting articles relating to ethnic religious affairs);<报纸出版管理规定 | www.cecc.gov> Circular Regarding the Printing and Promulgation of the "Measures on the Recording of Important Topics of Books, Periodicals, Audio/Visual Productions and Electronic Publications," art. 3(v) (requiring that anyone seeking to publish on "topics which deal with ethnic issues or religious issues" must register their intent to do so in advance with government authorities).<关于印发《图书、期刊、音像制品、电子出版物重大选题备案办法》的通知 | www.cecc.gov>

130 Sui Xiaofei and Qu Zhihong, "China's Publishing Sector's Glorious Development Must Move From Being a Big Country to a Great Country," People's Daily (Online), 25 March 06.<www.cecc.gov>

131 "Xinjiang Cracks Down on 'Illegal' Religious Publications," CECC China Human Rights and Rule of Law Update, April 2006, 9;<www.cecc.gov> Wang Lei, "Xinjiang Uighur Autonomous Region Destroys 29 Tons of Illegal Books" [Xinjiang weiwu'er zizhiqu xiaohui 29 dun feifa tushu], Tianshan Net (Online), 6 March 06.<新疆维吾尔自治区销毁29吨非法图书 | www.tianshannet.com.cn>

132 "Tibet 'Sweep Away Pornography and Strike Down Illegal Publications' Campaign Has Clear Results" [Xizang "saohuang dafei" gongzuo chengxiao xianzhu], Xinhua (Online), 18 January 06.<www.cecc.gov>

133 "Church Leaders Arrested, Laypeople Forced to Join Patriotic Group," Union of Catholic Asian News (Online), 24 January 00.<www.ucanews.com>

134 "Suppression of Wenzhou Underground Church Continues During Holy Week and Easter," Union of Catholic Asian News (Online), 4 May 00.<www.ucanews.com>

135 "Two Underground Priests Arrested," Asia News (Online), 28 October 05.<www.asianews.it> UN Commission on Human Rights, Report of the Special Rapporteur on Religious Intolerance, 13 February 01.<daccessdds.un.org>

136 "Beijing Court Jails House Church Minister for Giving Away Bibles," CECC China Human Rights and Rule of Law Update, December 2005, 1.<www.cecc.gov>

137 "Chinese Authorities Release House Church Filmmaker After 140 Days in Custody," CECC Human Rights and Rule of Law Update, September 2006, 9.<www.cecc.gov>

138 "Court Imprisons One Tibetan Writer, Party Officials Shut Down Another's Blogs," CECC Human Rights and Rule of Law Update, September 2006, 9.<www.cecc.gov>

139 "Journalist Arrested for Posting Reports About Crackdown on Christians," Reporters Without Borders (Online), 11 August 06;<www.rsf.org> "Urgent Announcement Regarding Independent Chinese Pen Center Member Zan Aizong's Administrative Detention By Hangzhou PSB" [Duli zhongwen bihui jiu huiyuan zan aizong bei Hangzhou gonganju xingzheng kouliu de jiji shengming], Independent Chinese PEN Center (Online), 11 August 06.<独立中文笔会就会员昝爱宗被杭州公安局行政拘留的紧急声明 | www.chinesepen.org>

140 UDHR, art. 29;<www.un.org> ICCPR art. 19(3).<www.ohchr.org>

141 "State Council Appoints Long Xinmin as New Head of the General Administration of Press and Publication" [Guowuyuan renmian: Long Xinmin wei xinwen chuban zongshu shuzhang tu], Xinhua (Online), 27 December 05.<国务院任免：龙新民为新闻出版总署署长 | news.xinhuanet.com>

142 Liu Yunshan, "In Accordance With the Requirements of Building a Socialist and Harmonious Society: Deepen, Broaden, and Innovate Propaganda Ideological Work" [Anzhao goujian shehuizhuyi hexie shehui yaoqiu shenhua tuozhan chuangxin xuanchuan sixiang gongzuo], Seeking Truth (Online), 1 October 05.<按照构建社会主义和谐社会要求 深化拓展创新宣传思想工作 | www.qsjournal.com.cn>

143 "Shi Feng: Create a Public Opinion Environment Conducive to a Harmonious Society" [Shi feng: wei hexie shehui jianshe yingzao lianghao yulun huanjing], People's Daily (Online), 15 October 05.<石峰：为和谐社会建设营造良好舆论环境 | media.people.com.cn>

144 Chi Gangyi, Yu Xianting, and Li Hui, "Comprehensively Strengthen the Establishment of University Networks and Firmly Grasp the Initiative in Online Political Ideological Education" [Quanmian jiaqiang gaoxiao xiaoyuanwang jianshe laolao zhangwo wangshang sixiang zhengzhi jiaoyu zhudongquan], Guangming Daily (Online), 12 September 05.<全面加强高校校园网建设牢牢掌握网上思想政治教育主动权 | www.cecc.gov>

145 See, e.g., "Strengthen Public Sentiment Work, Safeguard the Security of the Ruling Party's Governance" [Jiaqiang yuqing xinxi gongzuo, weihu dangde zhizheng anquan], Guangming Daily, 26 May 05, B4 (calling on Party cadres to "strengthen the supervision and monitoring of the Internet, cellular phones, and other new forms of media");<加强舆情信息工作　维护党的执政安全 | www.gmw.cn> "Party Propaganda Chief Calls for Increased Control Over the Media," CECC China Human Rights and Rule of Law Update, December 2005, 14;<www.cecc.gov> Liu Yunshan, "In Accordance With the Requirements of Building a Socialist and Harmonious Society: Deepen, Broaden, and Innovate Propaganda Ideological Work" (noting that, while it remains necessary to continue to conduct "ideological education" of workers, farmers, intellectuals, soldiers, and cadres, Party propagandists must also "expand the targets of propaganda ideology work" to new groups).<按照构建社会主义和谐社会要求 深化拓展创新宣传思想工作 | www.qsjournal.com.cn>

146 Liu Yunshan, "In Accordance With the Requirements of Building a Socialist and Harmonious Society: Deepen, Broaden, and Innovate Propaganda Ideological Work."<按照构建社会主义和谐社会要求 深化拓展创新宣传思想工作 | www.qsjournal.com.cn>

147 Ibid.<按照构建社会主义和谐社会要求 深化拓展创新宣传思想工作 | www.qsjournal.com.cn>

148 Shi Fengyan, Xu Ying, and Zhou Honglei, "College Student Groups: An Effective Vehicle for Ideological and Political Education" [Daxuesheng shetuan: sixiang zhengzhi jiaoyu de youxiao zaiti], Seeking Truth (Online), 1 December 05.<大学生社团：思想政治教育的有效载体 | www.qsjournal.com.cn>

149 Chi Gangyi, Yu Xianting, and Li Hui, "Firmly Grasp the Initiative in Online Political Ideological Education."<全面加强高校校园网建设牢牢掌握网上思想政治教育主动权 | www.cecc.gov> For an example of how this program was implemented, see Deng Wei, "Tsinghua University Sets Up 'Red Web Site' " [Daxuesheng hongse wangzhan: chuanbo makesizhuyi de zhongyao zhendi], Seeking Truth (Online), 16 February 06.<大学生红色网站：传播马克思主义的重要阵地 | www.qsjournal.com.cn>

150 "As Chinese Students Go Online, Little Sister Is Watching," New York Times (Online), 9 May 06.<www.nytimes.com>

151 Professional Ethical Standards for China Radio and Television Announcers and Hosts [Zhongguo guangbo dianshi boyinyuan zhuchiren zhiye daode zhunze], issued 2 December 04;<中国广播电视播音员主持人职业道德准则 | www.cecc.gov> Professional Ethical Standards for China Radio and Television Editors and Reporters [Zhongguo guangbo dianshi bianji jizhe zhiye daode zhunze], issued 2 December 04.<中国广播电视编辑记者职业道德准则 | www.cecc.gov>

152 Notice Regarding Strengthening the Supervision of Radio and Television Discussion Programs [Guanyu jiaqiang guangbo dianshi tanhualei jiemu guanlide tongzhi], issued 10 December 04.<广电总局关于加强广播电视谈话类节目管理的通知 | www.cecc.gov>

153 Interim Provisions on the Administration of Those Employed as News Reporters and Editors;<关于新闻采编人员从业管理的规定(试行) | www.cecc.gov> "Regulating News Reporting and Editorial Personnel: Implementing a Real Name System When Publishing Articles" [Xinwen caibian renyuan congye guifan: baodao kanfa shi yao shishi shimingzhi], China News Net, reprinted in Xinhua (Online), 22 March 05;<新闻采编人员从业规范:报道刊发时要实行实名制 | www.cecc.gov> "Xinhua Editorial: The Importance of Regulating the Behavior of Those Engaged in News Reporting And Editing" [Xinhua shiping: guifan xinwen caibian renyuan xingweide zhongyao zhidu], Xinhua (Online), 22 March 05.<新华时评：规范新闻采编人员行为的重要制度 | news.xinhuanet.com>

154 "Government and Communist Party Move To Increase Regulation of Reporters and Editors," CECC China Human Rights and Rule of Law Update, June 2005, 7;<www.cecc.gov> Interim Implementation Rules for the Administration of Those Employed as Radio and Television News Reporters and Editors.<广电总局印发《广播影视新闻采编人员从业管理的实施方案（试行）》的通知 | www.cecc.gov>

155 State Administration of Radio, Film, and Television, Circular Regarding Authorizing the China Radio and Television Association's "Self Discipline Agreement for Chinese Radio and Television Announcers and Hosts" [Guangdianzongju guanyu pizhuan Zhongguo guangbo dianshi xiehui "Zhongguo guangbo dianshi boyinyuan zhuchiren zilu gongyue" de tongzhi], issued 10 September 05.<广电总局关于批转中国广播电视协会《中国广播电视播音员主持人自律公约》的通知 | www.cecc.gov>

156 Notice Regarding Correctly Administering Radio and Television Live Broadcast Reports [Guangdianzongju guanyu qieshi zuo hao guangbo dianshi xianchang zhibo baodao guanli de tongzhi], issued 10 September 05.<广电总局关于切实做好广播电视现场直播报道管理的通知 | www.cecc.gov>

157 Liu Yunshan, "In Accordance With the Requirements of Building a Socialist and Harmonious Society: Deepen, Broaden, and Innovate Propaganda Ideological Work."<按照构建社会主义和谐社会要求 深化拓展创新宣传思想工作 | www.qsjournal.com.cn>

158 "Shi Feng: Create a Public Opinion Environment Conducive to a Harmonious Society" [Shi feng: wei hexie shehui jianshe yingzao lianghao yulun huanjing], People's Daily (Online), 15 October 05.<石峰：为和谐社会建设营造良好舆论环境 | media.people.com.cn>

159 Supreme People's Court Interpretation Regarding Certain Questions About the Specific Laws to be Used in Adjudicating Criminal Cases of Illegal Publications [Zui gao renmin fayuan guanyu shenli feifa chubanwu xingshi anjian juti yingyong falu ruogan wenti de jieshi], issued 17 November 98.<高人民法院关于审理非法出版物刑事案件具体应用法律若干问题的解释 | www.cecc.gov>

160 Supreme People's Court Circular Regarding Striking Hard at Illegal Publishing Activities [Zuigao renmin fayuan guanyu yanli daji youguan feifa chubanwu fanzui huodong de tongzhi], issued 27 March 98.<最高人民法院关于严厉打击有关非法出版物犯罪活动的通知 | www.cecc.gov>

161 "Senior Official Claims Foreign Newspapers Raise Threat of Color Revolution in China," CECC China Human Rights and Rule of Law Update, May 2006, 13;<www.cecc.gov> Mure Dickie, "Beijing Blocks Foreign Newspapers," Financial Times (Online), 16 November 05.<www.cecc.gov>

162 The rules were known to a number of major publishers, but never published. Western media outlets reported their existence in April 2006, citing an unnamed GAPP official as their source. See, e.g., "GAPP Tightens Restrictions on Foreign Publications," CECC China Human Rights and Rule of Law Update, May 2006, 13;<www.cecc.gov> "China Curbs on Foreign Magazines Take Quiet Effect," Reuters (Online), 7 April 06;<today.reuters.com> Geoffrey A. Fowler and Juying Qin, "China Curbs Magazines from Foreign Publishers," Wall Street Journal (Online), 7 April 06.<online.wsj.com>

163 Interim Provisions on the Administration of Sino-Foreign Joint and Cooperative Ventures in Radio and Television Program Production Operating Enterprises [Zhongwai hezi, hezuo guangbo dianshi jiemu zhizuo jingying qiye guanlin zanxing guiding], issued 28 October 05, art. 12.<中外合资、合作广播电视节目制作经营企业管理暂行规定 | www.cecc.gov>

164 "New Regulations Surfaced: Foreign Invested Movie, Television, and Media Corporations Can Only Participate in Joint Ventures" [Xin guiding chutai: waizi yingshi chuanmei zhineng kai yijia hezi gongsi], Shanghai Morning Post, reprinted in People's Daily (Online), 7 March 05;<新规定出台：外资影视传媒只能开一家合资公司 | media.people.com.cn> Circular Regarding Matters Relating to the Implementation of the "Interim Provisions on the Administration of Sino-Foreign Investment and Cooperative Joint Venture Television Program Production Enterprises" Regulations [Guanyu shishi "zhongwai hezi, hezuo guangbo dianshi jiemu zhizuo jingying qiye guanli zanxing guiding" youguan shiyi de tongzhi], issued 25 February 05;<关于实施《中外合资、合作广播电视节目制作经营企业管理暂行规定》有关事宜的通知 | www.cecc.gov> Measures on the Administration of Foreign Satellite Television Channel Reception [Jingwai weixing dianshi pindao luodi guanli banfa], issued 18 June 04, art. 12.<境外卫星电视频道落地管理办法 | www.cecc.gov>

165 Measures for Administering the Release of News and Information in China by Foreign News Agencies [Waiguo tongxunshe zai Zhongguo jingnei fabu xinwen xinxi guanli banfa], issued 10 September 06, art. 4.<外国通讯社在中国境内发布新闻信息管理办法 | www.cecc.gov>

166 Ibid.<外国通讯社在中国境内发布新闻信息管理办法 | www.cecc.gov> The new rules repeal rules issued in 1996 allowing licensed foreign news agencies to distribute financial information directly to licensed customers. Ibid., art. 22;<外国通讯社在中国境内发布新闻信息管理办法 | www.cecc.gov> Methods for the Exercise of Administration Over Publication in China of Economic Information by Foreign News Agencies and Their Information Subsidiaries [Waiguo tongxunshe jiqi suoshu xinxi jigou zai Zhongguo jingnei fabu jingji xinxi de guanli banfa], issued 15 April 96.<外国通讯社及其所属信息机构在中国境内发布经济信息的管理办法 | www.cecc.gov>

167 Measures for Administering the Release of News and Information in China by Foreign News Agencies, arts. 11, 12.<外国通讯社在中国境内发布新闻信息管理办法 | www.cecc.gov> Article 1 of the Measures say that the rules are intended "to promote the dissemination of news and information in a sound and orderly manner" and a GAPP official has defended the new rules saying that they would not affect the activities of foreign journalists in China. Ibid., art. 1;<外国通讯社在中国境内发布新闻信息管理办法 | www.cecc.gov> "Xinhua's Measures Won't Lead to Monopoly," Xinhua (Online), 14 September 06.<news.xinhuanet.com>

168 Provisions for the Administration of Ground Satellite Television Broadcast Reception Facilities [Weixing dianshi guangbo dimian jieshou sheshi guanli guiding], issued 5 October 93;<卫星电视广播地面接收设施管理规定 | www.cecc.gov> Measures for the Administration of Foreign Satellite Television Channel Reception, issued 18 June 04.<境外卫星电视频道落地管理办法 | www.cecc.gov>

169 "Government Regulators Block Foreign Access to China's Media Market," CECC China Human Rights and Rule of Law Update, October 2005, 9;<www.cecc.gov> "Six Departments Issue Regulations Restricting Imports of Cultural Products" [Liu bumen xiafa "guanyu jiaqiang wenhua chanpin jinkou guanli de banfa"], People's Daily (Online), 2 August 05 (discussing the Measures Regarding Strengthening the Administration of the Importation of Cultural Products, which froze approvals for new foreign satellite television channels, and will "increase control over content censorship" of imported television programs).<六部门下发 "关于加强文化产品进口管理的办法" | finance.people.com.cn> See also "Government Regulators Block Foreign Access to China's Media Market," CECC China Human Rights and Rule of Law Update, October 2005, 12.<www.cecc.gov> "Five Government Agencies Formulate 'Certain Opinions Regarding the Introduction of Foreign Investment into the Cultural Domain' " [5 buwei zhiding "guanyu wenhua lingyu yinjin waizi de ruogan yijian"], Xinhua (Online), 4 August 05 (prohibiting foreign companies from investing in news organizations or Web sites, radio or television stations, and companies that produce or show films or radio or television programs);<5部委制定《关于文化领域引进外资的若干意见》 | www.cecc.gov> State Administration of Radio, Film, and Television Notice Regarding Further Strengthening the Administration of Radio and Television Channels [Guangdianzongju guanyu jin yi bu jiaqiang guangbo pindao guanli de tongzhi], issued 4 August 05 (stipulating that to preserve the government's ability "to make final decisions regarding the contents of propaganda," a controlling share in radio and television stations must be in the hands of the government, and non-government investors may not participate in editorial decisions).<广电总局关于进一步加强广播电视频道管理的通知 | www.cecc.gov>

170 Circular Regarding Reiterating Rules on the Administration of Television International News [Guangdianzongju guanyu chongshen dianshi guojin xinwen guanli guiding de tongzhi], issued 11 April 06;<广电总局关于重申电视国际新闻管理规定的通知 | www.cecc.gov> "SARFT Relaxes Censorship of Fiction, Retains it for History, Politics, and News," CECC China Human Rights and Rule of Law Update, May 2006, 9.<www.cecc.gov>

171 State Administration of Radio, Film, and Television, Circular Regarding Further Regulating the Administration of Television International News [Guojia guangbo dianying dianshi zongju guanyu jin yi bu guifan dianshi guoji xinwen guanli de tongzhi], issued 3 April 02.<关于进一步规范电视国际新闻管理的通知 | www.cecc.gov>

172 Zhao Huanxin, "Regulation of Internet in Line with World Norms," China Daily (Online), 15 February 06.

173 "Internet Filtering in China in 2004--2005: A Country Study," OpenNet Initiative (Online), 14 April 05.<www.cecc.gov>