FINDINGS

• China's Constitution guarantees Chinese citizens freedom of the press, but China's laws and regulations explicitly prohibit Chinese citizens from exercising this right.

• Chinese authorities continue to impose strict licensing requirements on publishing and news reporting. Authorized publishers are subject to government management and censorship; unauthorized publishers are subject to closure and civil and criminal penalties.

• China's government continues to intimidate and imprison those who express opinions that Communist Party and government officials deem embarrassing or threatening.

• Chinese authorities continue to attempt to prevent Chinese citizens from accessing news from foreign sources, and are receiving assistance from commercial enterprises, who must either impose political self-censorship or risk being shut down.

• Chinese citizens must rely upon organizations outside of China to circumvent government Internet censorship.

• The flow of government-controlled information continues to increase.

Introduction

China's government continues to suppress freedom of the press in a manner that contravenes its own Constitution. China's Constitution guarantees Chinese citizens freedom of the press, but one prerequisite for a free press is the absence of licensing requirements that act as barriers to engaging in publishing. Chinese authorities continue to impose strict licensing requirements on publishing and news reporting. By requiring publishers to obtain and maintain a license, Chinese authorities control who gets to publish (by refusing to grant a license), ensure that the government is represented in all publications (by requiring an enterprise to have a government sponsor in order to obtain a license), and intimidate and silence those who have been authorized to publish (by revoking, or threatening to revoke, a license).³⁸¹ As long as China's legal system imposes these prior restraints, Chinese citizens will not be able to exercise their right to freedom of the press.

Chinese authorities continue to expend significant human, legal, and technical resources to silence their critics and censor information from sources the government cannot control, influence, or censor. The Chinese government tolerates discussion of political issues, provided that no criticism is directed at Party and central government actions or policies, and that such discussions are restricted to forums that are either closed to the public or subject to government monitoring and censorship. As the head of the Party's Central Propaganda Department told the producers of one television news program, news reporting must be conducive to implementing the Party's line, principles and policies and enhance the people's trust in the Party and the government.³⁸²

Promising Developments

The Commission notes several developments that have had a positive impact on the lives of Chinese citizens. Authorities continue to allow the selective publication of information that previously they would have deemed too embarrassing or threatening, such as corruption, discussions of government policies, and deaths owing to natural and man-made disasters. For example, China's state media carried reports of the democracy march in Hong Kong in July 2004. Nevertheless, China's government, and not the press itself, remains the final arbiter of what can be published: none of the state media reports mentioned that the Hong Kong march involved hundreds of thousands of demonstrators who were demanding more democracy.

The Chinese government is allowing citizens more access to different types of government information.³⁸³ Government departments are also increasing the number of official spokespersons available to field news media inquiries.³⁸⁴ Chinese officials appear prepared, however, to use the spokesperson system to restrict the flow of information to the public by creating a single authorized channel through which the government permits reporters to ask questions of government departments.³⁸⁵

Media outlets in China are increasingly operated as commercial enterprises.³⁸⁶ This change in organization has made the media more responsive to audience demands, but this enterprization is not the same as genuine privatization. The Chinese government has licensed some private and foreign publication distributors,³⁸⁷ but private publishing remains illegal,³⁸⁸ and authorized publishing enterprises remain subject to government management, sponsorship, licensing, and citizenship requirements. Publishers must also obey government orders to censor politically sensitive content.

The government has required most news publications to become financially self-supporting, and this commercialization has caused an increased emphasis on investigative reporting and timely delivery of news. Because the government censors negative reporting on senior officials, investigative reporting is limited to subjects that do not criticize the Party or the central government, such as foreign affairs and local news.³⁸⁹

The Media as a Political Tool: Supervision of Public Opinion, Abuse, Corruption, and New Directions in Media Regulation

The Chinese government has transformed the concept of freedom of the press from the principle that individuals should have the right to publish into an ethical duty to publish and censor for the benefit of the Party.³⁹⁰ The Party has always viewed publishing as a tool for securing its hold on power, not as an individual right,³⁹¹ and the government continues to treat the press as a political tool³⁹² and to regulate it accordingly.³⁹³ Chinese government authorities ensure that the press fulfills its duty to the Party by requiring that all publishers be licensed by the government. Publishers must also be sponsored by a government agency,³⁹⁴ and the General Administration of Press and Publication (GAPP), the National Administration of State Secrets, and the Party's Central Propaganda Department act as the final arbiters of what types of politically sensitive material may be published.³⁹⁵

The government continues to treat the press both as a propaganda tool³⁹⁶ and as an agent for domestic information gathering. Chinese authorities refer to these dual roles of the news media?? to act as both the eyes and the mouthpiece of the government?? as supervision of public opinion. According to the Party, supervision of public opinion should originate with the masses of people going through the news media to publicly implement democratic supervision of the Party and the government. ³⁹⁷ In practice, however, supervision of public opinion means that all news media in China must serve the Party in two ways. First, the media monitors public sentiment and reports on certain topics (and censors others) in a manner that allows the Party to manipulate public opinion.³⁹⁸ For example, after dozens of people died in a public stampede in February 2004, the Beijing municipal Party's propaganda office instructed all local media outlets to publish the same news re-ports.³⁹⁹

The second way that the Chinese government requires the news media to implement supervision of public opinion is by monitoring the public's opinion regarding China's leaders and their policies, and relaying this information back to the leadership. For example, if a journalist in China submits a story that an editor deems too politically sensitive to publish, Chinese law requires the editor to designate the story as classified, and, instead of publishing it, treat it as a secret government document.⁴⁰⁰ The editor must then pass such documents directly to the government agency that manages the publisher.

Until recently, Chinese authorities could carry out supervision of public opinion easily because the number of news reporting agencies in China was small. The Xinhua News Agency, a government agency directly under the State Council, was the country's primary news gathering and publishing agency.⁴⁰¹ In addition, the government directly managed and subsidized all news publications. News gathering organizations have proliferated rapidly in the past few years, however, and the government expects them to operate as commercial enterprises.⁴⁰² The reporting priorities of these commercial publishers differ from directly subsidized publications, and Chinese authorities are seeking to ensure that they continue to channel information that helps the Party maintain power. One method the government employs is establishing relationships between publishers and government agencies outside of the traditional sponsorship hierarchy. For example, in January 2004, the People's Daily reported that several media groups in China had formed an information sharing arrangement with the Beijing Municipal Procuratorate.⁴⁰³ The following month the Procuratorate issued regulations on how they would handle such information.⁴⁰⁴

Chinese authorities require anyone wishing to practice journalism to obtain a license.⁴⁰⁵ In conjunction with this requirement, the GAPP (the Chinese government agency primarily responsible for censoring books and periodicals)⁴⁰⁶ launched a Web site that now lists the names of persons who are forbidden to report news.⁴⁰⁷ In January 2004, the government launched a campaign to shut down branches of newspapers that had not acquired appropriate government authorizations.⁴⁰⁸

Chinese leaders distract attention from the absence of freedom to publish by focusing propaganda efforts on ethical problems in the news media. Articles appear almost weekly in the state-controlled press decrying the abuses of and by the press and exhorting reporters and editors to engage in supervision of public opinion. But no articles raise the lack of individual freedom to publish, or question whether it is appropriate for the press to be regulated as if it were a government agency.⁴⁰⁹

Because the commercialization of the news media complicates government efforts to implement censorship, authorities have begun to employ new tools to silence and intimidate the news media. For example, for several years the publications of Guangdong province's Southern Group have been among the most liberal, popular, and respected in China. In the past, the government has relied upon traditional censorship techniques, based on its licensing and managerial authority, to control Southern Group publications.⁴¹⁰ In January 2004, however, the authorities disciplined the Southern Group's Southern Metropolitan Daily by detaining several current and former senior editors and managers, and charging two with economic crimes.⁴¹¹ Many scholars and citizens in China objected that the charges were without legal basis, and that Guangdong authorities exploited China's immature financial regulatory system and the news media's quasi-governmental status to punish the editors of a newspaper that had embarrassed the provincial leadership.⁴¹² Web sites that protested these prosecutions were accessible for a few weeks, but were taken down when the controversy began to attract increased domestic and international attention.⁴¹³

The Chinese government has also undertaken projects to use the public to improve the reach of its censorship. For example, in January 2004, as part of a Sweep Away Pornography and Strike Down Illegal Publications campaign,⁴¹⁴ the Ministry of Public Security set up a nationwide hotline that people could call to report publications with serious political problems and receive rewards.⁴¹⁵ In February 2004, Sun Jiazheng, Minister of Culture, said that regional cultural, finance, public security, industry, and commerce departments were to reward people for reporting illegal Internet use, including posting essays calling for democracy and reform.⁴¹⁶ Several provinces have also instituted media supervisor systems, in which the government hires private citizens to monitor local media for accurate reporting and orderly distribution . . . [and] report problems to the provincial propaganda department. ⁴¹⁷

Prior Restraints

As the Commission noted with respect to religion [see Section III(c)??Freedom of Religion], while China's progress toward developing a system based on the rule of law has been laudable, in the case of freedom of expression, China is using law as a weapon. Instead of protecting freedom of the press, laws in China impose extensive administrative licensing requirements on all forms of publishing. No one may publish a book, newspaper, magazine, or commercial Web site in China without a government agency sponsor and a license from the GAPP. Individuals cannot legally publish, since Chinese law continues to restrict the right to publish to enterprises with a large amount of registered capital.⁴¹⁸ The government has the authority to revoke any publisher's license and force it to cease publishing.⁴¹⁹

In October 2003, the GAPP completed a campaign in which it revoked the licenses of over 600 newspapers.⁴²⁰ In February 2004, Chinese authorities issued an order stating that government agencies that sponsored publications should strengthen their opinion guidance over those publications, and publishers should conscientiously accept the supervision and management of their government sponsors.⁴²¹

In January 2004, the GAPP awarded 50 companies licenses to publish on the Internet.⁴²² Under Chinese law, anyone who operates a commercial Internet publisher without a license is engaged in illegal publishing and may be shut down at any time.⁴²³ For example, in January 2004, a Beijing court refused to hear an appeal by Li Jian, the operator of a civil rights Web site, against a lower court's decision supporting the Beijing Communications Administration's (BCA) closure of his site. While Li Jian said his site was not commercial, and therefore did not have to be licensed, BCA officials said that the government had the right to shut down the site because it included an unlicensed bulletin board system, and Mr. Li had not provided accurate contact information and ID card number when he registered the site.⁴²⁴

The government continues to require that all books published in China be assigned book numbers, and the authorities determine who is allowed to publish through their exclusive control of the distribution of these numbers. In October 2003, the GAPP banned 19 dictionaries.⁴²⁵ In July 2004, it banned 30 periodicals for illegally using registration numbers belonging to other periodicals.⁴²⁶ In January 2004, a court in Hefei, Anhui province, sentenced two men to prison terms of nine and seven years for unlawful operation of a business. Their crime was to publish books of love poems using illegally purchased book numbers.⁴²⁷

In addition to the GAPP, numerous other agencies participate in the government censorship regime. The State Administration of Radio, Film, and Television (SARFT) issued regulations reaffirming the requirement that political filmmakers submit their screenplays for approval before releasing their films.⁴²⁸ The State Meteorological Office issued regulations prohibiting Chinese media outlets from publishing weather reports without prior government authorization.⁴²⁹ The Ministry of Public Security has increased surveillance of mobile phone short text messages⁴³⁰ for false political rumors and reactionary remarks. ⁴³¹ In October 2003, several Party and government agencies jointly established the Central Leading Group for the Coordination of Work To Improve Publications to ensure that all publications do not have problems with political orientation. ⁴³² In March 2004, the Ministry of Culture banned a foreign computer game because it discredited the image of China.⁴³³

Chinese authorities continue to impose restrictions on who may publish news and who can discuss certain topics. In February 2004, Chinese authorities ordered senior managers at Sina.com, Sohu.com, Netease (163.com), and other Internet portals to close news chat rooms and stop using live Web broadcasts, translating foreign news, and doing online interviews with scholars, artists, and professionals. Managers were instructed to rely exclusively on news from Xinhua, the official news agency.⁴³⁴

The government also determines which news topics are completely forbidden. For example, in October 2003, the Minister of Health stated that news media outlets could not publish anything regarding SARS unless the Ministry of Health had first approved the report.⁴³⁵ In November 2003, the Beijing municipal government issued the Opinion on Carrying Out the Work of Housing Demolition and Relocation Well to Safeguard Social Stability, requiring propaganda departments to ensure that all reports on demolition incidents take social stability as their starting point. ⁴³⁶ Pursuant to a bilateral agreement, Chinese authorities aired Vice President Cheney's March 2004 address to students in Shanghai in its entirety, but government censors eliminated references to political freedom and Taiwan, as well as his answers to questions after the speech, from the version posted on state-owned Web sites.⁴³⁷

While remaining pervasive and repressive, Chinese government censorship is becoming less monolithic. For example, in August 2003, government officials in Dingnan county, Jiangxi province, removed pages of the People's Daily before it was distributed in the county. The pages included a report regarding corruption in the county government. In September 2003, China's national media, including the China Youth Daily, the People's Daily, and Xinhua, carried a series of reports decrying the Dingnan censorship, which they deemed appalling. In another example, China's State Council included information in one of its reports from organizations such as Human Rights Watch and Reporters Without Borders, even though China's government prohibits these organizations from operating in China, and attempts to prevent Chinese citizens from accessing their Web sites.⁴³⁸

Other examples of Chinese government censorship during the past year include:

• In September, a Chinese scholar published an article critical of local government officials who had enacted regulations prohibiting the media from publishing opinions that contradict court judgments. The scholar did not say, however, which local government he was criticizing.⁴³⁹

• In January, the GAPP issued regulations restricting the right to publish books on reforming the Constitution to three publishing houses.⁴⁴⁰

• In March, managers of a state-owned television station in Tibet were punished for showing brief images of the banned flag of independent Tibet.⁴⁴¹

• In March, Hong Kong media reported that Chinese authorities told Mao Yuanxin, Mao Zedong's nephew and his special liaison person during the post-Cultural Revolution period, that he could not publish his memoir because it included instructions, exhortations, and comments by Mao Zedong that had not been made public previously.⁴⁴²

• Also in March, another Hong Kong publisher reported that Chinese authorities had forbidden Li Peng from publishing his memoir, which, according to the report sought to explain how leaders in the central government were divided over what to do about the weeks-long pro-democracy protests in Beijing's Tiananmen Square. ⁴⁴³

• In May, China's domestic media reported on a journalist attempting to cover unrest relating to demolitions in Chenzhou, Hunan province. According to the reporter, city government officials had issued an order that no municipal agencies were to cooperate with reporters from several television news programs who had recently arrived to cover the story.⁴⁴⁴

• In July, economist Mao Yushi told the South China Morning Post that the publisher of his book, Give Freedom to Ones You Loved, had received an order to stop making new prints and to cease distribution of unsold copies.⁴⁴⁵

Self Censorship

Because Chinese authorities can revoke a publisher's license, the Party and government are able to ensure that Chinese news outlets remain on their side.⁴⁴⁶ Chinese news publishers occasionally include comments somewhat critical of China's central government in their English publications, but edit such comments out of Chinese language versions.⁴⁴⁷ Publications often engage in self-censorship after-the-fact, based upon how the government decides a problem should be handled. For example, after Zheng Enchong's conviction in October 2004, the Web site of the China Economic Times, a publication put out by the State Council's Development and Research Center, briefly carried an article entitled Is Demolition a State Secret? questionning whether the government had the authority to designate information regarding demolition protests as a state secret. The article was quickly removed from the site.

Because Chinese authorities can refuse to allot book numbers, book publishers refuse to publish works unless they can purge them of politically sensitive material.⁴⁴⁸ For example, in September 2003, the authorized Chinese publisher of Hillary Clinton's memoir, Living History, censored several passages critical of China from the Chinese translation of her book without her permission.⁴⁴⁹ To circumvent China's book censorship regime, some authors allow mainland Chinese publishers to remove political material that Chinese authorities would find objectionable, but also have the unexpurgated edition published in Hong Kong.⁴⁵⁰ A review of recent scholarly literature on the media and journalism demonstrates the hand of both government and self-censorship in China:

• Most books published in China dealing with news media issues ignore the question of China's lack of freedom of the press.⁴⁵¹

• Books that discuss how the law protects (or does not protect) journalists discuss the situation in foreign countries,⁴⁵² but do not discuss the large number of journalists and other writers currently in prison in China for their writings.⁴⁵³

• Books that discuss the problems facing China's domestic news media focus on the lack of ethics and professionalism in China's media, but do not discuss the problems caused by China's licensing and censorship systems.⁴⁵⁴

• Books comparing Chinese and Western news media either ignore the issue of freedom of the press,⁴⁵⁵ or only address it in the context of problems facing the foreign media and ignore the issue with respect to China's own legal system.⁴⁵⁶

• Books that address the topic of freedom of the press in China repeat Communist dogma on the topic and reach the conclusion that Chinese journalists do not face any inappropriate restraints on their freedom of expression.⁴⁵⁷

As with the publishers of books and periodicals, China's Internet operators also exercise extensive self-censorship, both to comply with Chinese law, and to avoid offending the government. Internet cafes employ staff to monitor which Web sites their customers are using and to tell them to stop visiting illegal sites. Internet Bulletin Boards use software to block posts containing words designated as forbidden by relevant government agencies. They also employ staff to monitor and delete politically sensitive articles that users try to post, and ban users who attempt to post politically sensitive materials too often.⁴⁵⁸ In December 2003, Sina, Sohu, Net Ease and dozens of other Internet news outlets jointly signed an Internet News Information Service Self-Discipline Pledge promising to voluntarily submit to government administration and public supervision. ⁴⁵⁹

Self-censorship is highly visible on Internet search engines based in China. While a search for the term China human rights on the U.S.-based search engine Google returns a mixture of China-based and non-China based Web sites as the top results, the same search on the popular China-based search engine Baidu does not return the Web sites of any human rights organizations that are not China-based. A search for Falun Gong on Google returns over ⁴⁰⁰ ,000 results, while the same search on Baidu returns no results.⁴⁶⁰ U.S. companies that operate Internet portals based in China have agreed to Chinese government requirements to monitor users and remove harmful information, and must either censor their search engine results or risk being closed down. For example, Yahoo's Internet search engine for users in China (www.yahoo.com.cn and www.yisou.com) censors search results to exclude sites for the Voice of America, Radio Free Asia, and Human Rights in China, as well as sites discussing Falun Gong, Tibetan independence, and the 1989 Tiananmen Square massacre. Also, Google designed its Chinese language news aggregation service so that users in China do not retrieve results from dissident news Web sites that Chinese authorities have blocked.⁴⁶¹

Monitoring, Jamming, and Blocking of Outside Information

Chinese government policies continue to reflect official concern that Chinese citizens increasingly have access to political information from sources the government cannot control, influence, or censor.⁴⁶² For example, in May 2004, SARFT issued a notice requiring broadcasters to reject shows that promote Western values, lifestyles, and social systems, especially under the guise of educational, scientific or cultural programming.⁴⁶³

Chinese authorities continue to devote considerable legal, human, and technical resources to blocking information from foreign sources. For example, in July 2004, Forum 18 released a study showing that many foreign religious Web sites are blocked in China.⁴⁶⁴ Chinese authorities also continue to block the Web sites of Voice of America, Radio Free Asia, the Chinese language versions of the BBC, Deutsche Welle, and other foreign news Web sites, and the Web sites of major human rights groups that report on China.⁴⁶⁵ In addition, the Chinese government also employs thousands of Internet police to enforce laws relating to Internet security and content.

Chinese authorities appear to recognize, however, that they cannot completely stop the influx of information without crippling economic growth.⁴⁶⁶ The government's response has been to allow some Chinese citizens to have limited access to foreign information, provided it does not weaken the Party's political power. As a result, the government is relaxing restrictions on sources of both non-political information and political information with a limited audience, while tightening controls on sources of political information with a mass audience. For example, while Chinese authorities have begun to allow foreign participation in the distribution of publications, the GAPP says there is no plan to allow foreigners to publish in China.⁴⁶⁷ In January 2004, the GAPP vowed to crack down on what it termed outlaw publications from Hong Kong that were publishing in China without a license.⁴⁶⁸

In December 2003, the government began to allow foreign firms to hold minority stakes in film studios, and in February 2004 authorities announced that they were lifting the ban on foreign investment in TV production studios.⁴⁶⁹ Nevertheless, the Chinese government has stated that foreign companies may not broadcast news in China.⁴⁷⁰ The central government continues to attempt to block radio broadcasts by Voice of America, Radio Free Asia, and the BBC.⁴⁷¹ In addition, China's laws continue to restrict satellite dish ownership,⁴⁷² and government rules require foreign news broadcasters to send all their satellite feeds through channels controlled by the government.⁴⁷³

Chinese authorities continue to attempt to block human rights, educational, political, and news Web sites without providing public notice, explanation, or opportunity for appeal. The Chinese approach to Internet filtering seems to be based on the theory that censorship does not have to be perfect to be effective. Allowing Chinese citizens limited access to outside sources of information permits the Chinese government to manipulate public opinion while creating the impression that it is not seriously attempting to censor such information. For example, the Chinese government generally allows Chinese Internet users to access some English-language foreign news Web sites, but blocks these sites during politically sensitive times.

At the same time, government authorities generally ignore the attempts of most Chinese citizens to circumvent the government's information firewall to access blocked foreign Web sites, provided these individuals do not disseminate the information within China.

A relatively small pool of people has access to the Internet and the time, desire, and ability to circumvent the firewall. By making it difficult, but not impossible, to access foreign news sources, and punishing those who distribute that information more widely, Chinese authorities can dilute the impact of uncontrollable information sources and more easily monitor who is willing to devote time and effort to get information critical of the government and the Party.

During the annual National People's Congress (NPC) meetings in March 2004, the government shut down domestic weblog sites⁴⁷⁴ and blocked access to foreign weblog sites.⁴⁷⁵ Users in China speculated that authorities shut down the sites because some people had employed these forums to publish opinions on Dr. Jiang Yanyong's letter asking for a reassessment of the 1989 Tiananmen Square democracy protests. While domestic weblogs were eventually allowed to reopen, authorities continue to block weblog hosting services outside of China.⁴⁷⁶

Chinese authorities continue to look to technological measures to refine Web site censorship. For example, in February 2004 the GAPP announced plans to invest 50 million yuan (about $6 million) to create an Internet Publishing Supervision System to control the publication of political content on the Internet.⁴⁷⁷ Minister of Culture Sun Jiazheng also called for using long-range computer surveillance systems to carry out 24-hour, real-time monitoring of Internet caf¨¨s,?¡À ⁴⁷⁸ and some locations, such as Shanghai, have begun instituting video surveillance of Internet cafe? users.⁴⁷⁹

To control the flow of information to Chinese citizens, the Customs Office continues to confiscate political and religious materials. Chinese law grants customs officials broad authority to confiscate any publication deemed harmful to the government. ⁴⁸⁰ The Customs Office maintains a list of the types of books that may not be imported for political reasons and uses its authority to confiscate religious materials such as the Bible and certain scholarly works and politically sensitive books published abroad, such as The Tiananmen Papers.⁴⁸¹ The list, however, is not available to the public. Customs officials also confiscate Chinese language newspapers that individuals attempt to bring into China.⁴⁸²

Selectively Enforced National Security Laws

The Party and government continue to exploit vague national security laws to silence Chinese citizens who criticize them and their policies.⁴⁸³ The Commission welcomes the release over the past year of several political prisoners,⁴⁸⁴ but regrets that during the same period Chinese security and judicial authorities detained or sentenced dozens of individuals for exercising their right to express their political beliefs.

Chinese courts continue to interpret China's laws in a manner that favors protecting the government's image over the right to freedom of expression. For example, in February Chinese authorities imprisoned five people for using the Internet to disseminate a story about the persecution of a Falun Gong practitioner. Published reports did not indicate that the story's dissemination resulted in any actual or potential threat to China's national security or public safety. Nevertheless, the court sentenced these individuals to terms of 5 to 14 years in prison for vilifying the government's image through spreading fabricated stories. ⁴⁸⁵

The government continues to define state secrets to include any information that authorities do not wish the public to know. Chinese authorities have held Uighur businesswoman Rebiya Kadeer imprisoned in the Xinjiang Autonomous Region for over four years for allegedly attempting to disclose published newspaper articles that the government deemed state secrets after-the-fact. In October 2003, a Shanghai court sentenced activist and former lawyer Zheng Enchong to three years in prison for reporting labor and property protests to a foreign human rights group. In August 2004, a court in Hangzhou, Zhejiang province sent Liu Fenggang, Xu Yonghai, and Zhang Shengqi to prison for revealing state secrets to a foreign organization because they allegedly discussed the razing of several churches with foreign human rights groups.⁴⁸⁶ In May 2004, Xinhua reported that a Beijing court sent three individuals to prison for divulging state secrets because they had stolen questions on an English examination.⁴⁸⁷

The following is a partial list of individuals that Chinese authorities have detained and imprisoned during the past year for exercising their right to freedom of expression. Additional information on their cases and others will be available on the Commission's Political Prisoner Database:

• Detained: Hu Jia, Ding Zilin, Huang Jinping, Zhang Xianling, Lu Jiaping, Kong Youping, Zhang Shengqi, Xu Yonghai, Jiang Yanyong, and Liu Fenggang.

• Sentenced: Ma Yalian, Li Jian, Chen Shumin, Lu Zengqi, Yuan Qiuyan, Yin Yan, Sang Jiancheng, Jiang Lijun, Li Zhi, Yan Jun, Luo Changfu, He Depu, Cai Lujun, Du Daobin, Zheng Enchong, and Luo Yongzhong.

Some people who were detained and released have been monitored by security officers⁴⁸⁸ and ordered not to speak to the press.⁴⁸⁹ Others have been forced into exile. The Chinese government's policy of intimidating and arresting those who criticize the Party or the central government or express opinions that contravene official views not only disregards the rights of these individuals to freedom of expression, but also intimidates many others who would speak out but remain silent for fear of being punished.

Notes to Section III(d)-Freedom of Expression

381 The only exception to the licensing requirement for publishers is non-commercial Internet publishers, which are only required to register with the government. However, such publishers are prohibited by law from reporting news unless explicitly licensed to do so, and Chinese authorities continue to shut down non-commercial Web site operators who become known for being critical of the Communist Party and the central government.
382 "Li Changchun Goes to See the 'Focus' Program Group, Emphasizes Continuously Raising the Level of Public Opinion Supervision, Centering Round the Central Task and Serving the Overall Situation," Xinhua, 16 April 04 (FBIS, 16 April 04).
383 See, e.g., Jamie P. Horsley, "Shanghai Advances the Cause of Open Government Information in China," Yale China Law Center, 20 April 04, http://chinalaw.law.yale.edu. See also "More Light Need To Reach a Secret World," South China Morning Post, 27 January 04 (FBIS, 27 January 04).
384 See, e.g., "China Establishes a Training System for Media Spokespersons, Plans to Train One Thousand Individuals" [Woguo jiang jianli sanji xinwen fayanren zhidu peixun shu qian ren], Xinhua, 3 June 03, http://news.xinhuanet.com.
385 In July, the head of Shenzhen's Propaganda Department issued "5 Demands" to television news anchors during a government mandated training session, including the demand that reporters must "respect the government spokesperson system." He also told them that there are separate but parallel lines of authority for issuing government statements and carrying out government administration, and reporters should not try approach the incorrect party when trying to get information. "Shenzhen Requests Media Spokespeople: Don't Issue Accurate but Useless Statements" [Shenzhen yaoqiu xinwen fayanren: bu shuo zhengque dan meiyong de feihua], China Youth Daily [Zhongguo qingnian bao], 14 July 04, reprinted in People's Daily [Renmin ribao] www.people.com.cn.
386 Gao Shan, "All of China's Publishing Houses Other than the People's Publishing House, are Becoming Private Enterprises" [Quanguo suoyou chubanshe chu renmin chubanshe wai dou jiang zhuanxing wei qiye], China Youth Daily [Zhongguo qingnian bao], 6 April 04, reprinted in Sina.com [Xinwen zhongxin], http://news.sina.com.cn
387 "China Gives Green Light To Private Publication Dealers," Xinhua, 31 December 02 (FBIS, 31 December 02). But see "Private Bookstores Seek Equal Footing," Xinhua, 25 February 04, http://fpeng.peopledaily.com.cn ("Because it is privately run, a [private] bookstore has to go through more red tape and is bound by more restrictions than state-run outlets such as Xinhua").
388 "China Gives Green Light To Private Publication Dealers," Xinhua: "Although private publishers are forbidden, a number of private publication companies have cooperated with state-owned publishers in commissioning and marketing publications." See also "Developments in PRC Central, Provincial Media," Foreign Broadcast Information Service, 12 February 04 (FBIS, 12 Feb 04) (citing Economic Daily [Jingji ribao], 17 February 04, as stating that in any media enterprise which breaks up operations to attract investment, the state must maintain "absolute holding").
389 See, e.g., Li Xiguang, Deformed Press [Jibian de meiti] (Shanghai: Fudan University Press, 2003), 49.
390 See, e.g., Xu Jigang, Editor-in-Chief, Su Qian Daily, "Carry Out the 'Three Represents' and Strengthen Supervision of Public Opinion" [Shixian "sange daibiao" qianghua yulun jiandu], Su Qian Daily [Suqian ribao], 15 October 02, www.sqdaily.com, stating that some contradictions and problems are subject to the limitations and restrictions of objective and practical conditions, and not only do the masses have opinions and perspectives that the leaders also know about, but they are difficult to resolve at the time because of practical conditions. With regard to [this]situation, supervision should not be carried out, because supervision cannot resolve the problem, and will only add to the discontent of the masses, and will interfere with the normal working order of the leaders at the local levels and in the units.
391 "[E]nsure that literature and art fit well into the whole revolutionary machine as a component part, that they operate as powerful weapons for uniting and educating the people and for attacking and destroying the enemy, and that they help the people fight the enemy with one heart and one mind." Mao Zedong "Talks at the Yenan Forum on Literature and Art, Mao Zedong Selected Works, Vol. III, (May 1942), 70.
392 "Our country's press, radio, television, and so on are the mouthpiece of the party, the government, and the people. This not only defines the nature of journalistic work, but also defines its extremely important status and role in the work of the party and the state." Xu Guangchun (deputy head of Central Propaganda Department and Director of State Administration of Radio, Film, and Television), "Core Content of Jiang Zemin Thinking on Journalism," Xinwen Zhanxian, 1 February 04 (FBIS, 1 February 04).
393 "Publishing businesses shall adhere to the path of serving the people and serving socialism, adhere to the guidance of Marxism, Leninism, Mao Zedong Thought and Deng Xiaoping Theory, promulgate and accumulate scientific technology and cultural knowledge that is advantageous to economic development and social progress, honors outstanding culture, promotes international cultural exchange and enriches and enhances the spiritual lives of the people." Regulations on the Administration of Publishing [Chuban guanli tiaoli], issued 25 December 01, art. 3. English translations of other selected provisions of China's publishing regulations are available on the CECC Virtual Academy at www.cecc.gov/pages/virtualAcad/exp/explaws.php.
394 Article 11 of the Regulations on the Administration of Publishing states that publishing units must have a sponsoring unit and a managing unit recognized by the State Council's publishing administration agency.
395 For an illustration of this, see the flow chart illustrating publishing restrictions in China on the CECC Virtual Academy www.cecc.gov/pages/virtualAcad/exp/bookflow.php.
396 "Directing public opinion toward the correct direction is the primary task for our propaganda . . . We must pay attention to hot topics and take the initiative in guiding reports on sudden incidents for the sake of social stability . . . we should constantly direct public opinion in the correct direction by answering questions from the masses and removing doubts." Wang Shaoxiong (member of the Sichuan Provincial CPC Committee and Director of the Propaganda Department), "Persisting in the 'Three Close-To's and Serving the Building of a Well-Off Society," Seeking Truth [Qiushi], 1 January 04 (FBIS, 1 January 04).
397 Propaganda Department of the Chinese Communist Party Central Committee, "Notice Regarding the Publication of the 'Summary Findings of the Propaganda Department's News Research Group," 6 March 1989, quoted in Wei Chao, "The Negative Impact of Shallow Reporting" [Qianxi jieru shi baodao de "fu xiangying"], China Journalism Review [Zhongguo xinwenchuanbo xue pinglun], 22 September 03, www.zjol.com.cn.
398 "News work must uphold the principle of leading correct public opinion, continue to rouse enthusiasm for unity and stability and squarely face the guiding principle of propaganda," President Hu Jintao, quoted in "China's President Stresses Importance of Control over Public Opinion," Channel News Asia, 8 December 03, www.channelnewsasia.com.
399 "Capital's Media Instructed to Toe the Line on Reports," South China Morning Post, 7 February 04, www.scmp.com. Other examples include the war in Iraq and Falun Gong.
400 Regulations on the Protection of Secrets in News Publishing [Xinwen chuban baomi guiding], issued 13 June 92. For example, in April 2003, two editors at the Xinhua news agency were fired for publishing a news report about SARS that had been classified as secret. "Two Chinese Editors Sacked over Confidential SARS Document," South China Morning Post, 29 April 2003, www.scmp.com.
401 The Xinhua news agency is an institution directly under the State Council. See the CECC Virtual Academy, www.cecc.gov/pages/virtualAcad/gov/statestruct.php.
402 "China: Keep Government, Party Organs Away from Press Distribution," Xinhua, 15 February 04, http://english1.peopledaily.com.cn.
403 "Joint Efforts Between the Procuratorate and the Media to Root Out Bad Media Reporting Are Now Considered as Criminal Evidence Gathering" [Jianchayuan yu meiti lianshou fan fu meiti jubao bei liewei zhencha xiansuo], People's Daily [Renmin ribao], 17 January 04, www.people.com.cn.
404 "The Procuratorate Issues Regulations on How to Handle Leads from News Organizations" [Jianchayuan chutai shouli xinwen danwei yisong anjian xiansuo guize], Xinhua, 26 February 04, http://news.xinhuanet.com.
405 "Reporters, Police, Miners are the Three Most Hazardous Occupations" [Jizhe, jingcha, kuanggong tong lie san da weixian zhiye], People's Daily [Renmin ribao], 19 January 04, www.people.com.cn, stating that, along with coal mining and police work, journalism was among the top three most dangerous professions in China.
406 For a description of the GAPP and its responsibilities, see the CECC Virtual Academy, www.cecc.gov/pages/virtualAcad/exp/expcensors.php.
407 "Web site on Chinese Reporters Opens, 4 Xinhua Journalists Blacklisted" [Zhongguo jizhe wang kaitong si ming xinhuashe jizhe shang le heimingdan], People's Daily [Renmin ribao] [Beijing yule xinbao] , 2 January 04, www.people.com.cn (citing Star Daily).
408 Qu Zhihong, "China Launches Comprehensive Effort to Clean-up Publishers" [Quanguo baokan she jizhe zhan qingli zhengdun gongzuo quanmian zhankai], Xinhua, reprinted in China Youth Daily [Zhongguo qingnian bao], 14 January 04, http://zqb.cyol.com. According to reports, reporter stations that have been set up without government approval will be shut down, and journalist licenses will not be re-issued to the reporters working at local reporter stations during the campaign.
409 See, e.g., transcripts of the online discussion on "Freedom of Expression in the Internet Space" held by the Chinese Academy of Social Sciences on 3 September 03, available at http:news.xinhuanet.com/newmedia/2003-10/09/content-1115386.htm. The introduction to the transcript states that the discussion was moderated by three senior CASS scholars and was intended to cover the "value of freedom of expression; how big the Internet space for freedom of expression is; the international standard for freedom of expression in the Internet space; and problems with China's Internet and freedom of expression." While the transcript covered over 20 pages, there was no discussion of how prior restraints influence freedom of expression, nor any mention of the large number of Internet writers imprisoned for expressing their opinions on the Internet.
410 In early 2003, authorities replaced the deputy editor of Southern Metropolitan Daily with the former head of Guangdong Communist Party Propaganda Department and shut down the 21st Century Global Herald.
411 Yu Huafeng and Li Minying were sentenced to prison terms of 12 and 10.5 years, respectively. Wu Jun and Dong Faxuan, "Two Southern Metropolitan Weekend Editors are Convicted of Corruption and Bribery" [Nanfang dushi bao liang zhubian yin tanwu, shouhui bei panxing], Xinhua, 19 March 04, http://www.xinhua.org. Yu was convicted of embezzling $200,000 of the company's money, and Li was convicted of bribery. On appeal, these sentences were reduced to 8 and 6 years, respectively. Cheng Yizhong was released on August 28, 2004, after the procuratorate issued a 'no indictment' decision allowing him to go free after five months in detention. The charges were not reported on the Web site of the parent of the Southern Metropolitan Daily until one week after their arrests. "Southern Metropolitan Daily Editor Cheng Yizhong Arrested on Suspicion of Corruption" [Nanfang dushi bao Cheng Yizhong yin shexian tanwufanzui bei yifa daibu], People's Daily [Renmin ribao], 9 April 04, www.xinhua.org (citing Nanfang wang).
412 See, e.g., Xu Zhiyong, "What We Cannot Run Away From-An Explanation Regarding the Southern Metropolitan Daily Case" [Women wufa taobi-guanyu nanfang dushi bao shijian de shuoming], Open Constitution Initiative, 10 April 04, www.oci.org.cn.
413 "The Open Constitution Initiative" www.oci.org.cn, wangshengs.tongtu.net< a>.
414 Chinese authorities set up a Web site for this campaign: www.shdf.gov.cn.
415 "China Opens up a Phone Hotline as Part of its Campaign to Crackdown on Pornography, Offering Ample Rewards to Those Who Provide Helpful Information" [Quanguo saohuang da fei jubao dianhua kaitong jubao yougong zhe you zhongjiang], Xinhua, reprinted in China Legal Publicity [Zhongguo pufa wang], 16 January 04, www.legalinfo.gov.cn.
416 "Public Told to Report Radical Chat Rooms," South China Morning Post, 28 February 04, www.scmp.com.
417 "Jiangxi Employs 100 Individuals as Media Supervisors" [Jiangxi pin bai ren jiandu meiti], World Journal [Shijie ribao] (citing Nanchang News [Nanchang xun]), 25 March 04, http://www.worldjournal.com. See also "43 Accept Job Offers as Media Supervisors in Wuhan Yesterday" [43 ming xinwen xing feng jiandu yuan zuo shoupin], Wuhan Evening News [Wuhan wanbao], reprinted in Sina.com [Xin wen zhong xin], 18 March 04, http://news.sina.com.cn.
418 Article 11 of China's Publishing Regulations specifically requires that anyone wishing to publish a newspaper or magazine must have registered capital of at least RMB 300,000 (about US$35,000), a prohibitive amount of money in China, where the workers make less than US$100 a month. See Regulations on the Administration of Publishing.
419 For example, when the government shut down the 21st Century Global Herald in March 2003 after the paper published an article referring to democracy in China as "fake" democracy, it revoked the newspaper's license on the grounds that the publication had exceeded its license in publishing on domestic issues, because the license only permitted it to publish stories on international issues. Commission Staff Interview.
420 The campaign was carried out pursuant to the Notice Concerning the Abuse and Misuse of Administrative Power in the Circulation of Periodicals, Lessening the Burden on Rural Farmers [Guanyu jinyibu zhili dangzheng bumen baokan san lan he liyong zhiquan faxing, jianqing jiceng he nongmin fudan de tongzhi], issued July 2003. See "China Closes 677 State Newspapers, Saving 1.8 Billion Yuan," Xinhua, 15 March 04 (FBIS, 15 March 04). The justification for this campaign was that these publications had shown they could not support themselves commercially and represented a burden on Chinese citizens by requiring various agencies to subscribe to them. While it seems this was a problem, the manner in which Chinese authorities solved this problem demonstrates that China's government is willing and able to use the publishing licensing regulatory system to exercise direct control over who gets to publish. As one Chinese scholar who hailed the campaign as representing "the most profound transformation in the press since the market economy of socialism came into China in 1992" conceded, "the plan to 'separate operations from management' has ensured that the media will continue to be led by the Communist Party." Chen Lidan, "A Look at the Effects of Recent Reforms of Party and Government Newspapers and Periodical Publications, and the Example They Set for Domestic Press Reform" [Zuijin zhili dangzheng bumen baokan dui woguo baokan tizhi gaige de qishi], Ruanzixiao.myrice.com, 4 January 04, http://ruanzixiao.myrice.com.
421 Circular on Strengthening Management of Separating the Management From Operation of Newspapers and Periodicals and Dissociating Operation of Newspapers and Periodicals [Guanyu dui guan ban li he huazhuan baokan jiaqiang guanlide tongzhi], issued 6 February 04.
422 Liu Yang, "50 Companies Awarded Licenses to Publish on the Internet, Three Major Internet Portals are Included" [Shoupi 50 jiagong huo wangluo chubanquan san da menhu wangzhanminglie qizhong], Shanghai Morning Post [Xinwen chenbao], reprinted in Xinhua, 7 January 04, http://news.xinhuanet.com.
423 Interim Provisions on the Administration of Internet Publishing [Hulianwang chuban guanli zanxing guiding], issued 1 August 02, art. 6.
424 "Court Refuses to Hear Suit Against Telecommunications Office for Closure of Civil Rights Web site" [Zhuanggao tongxin guanliju zao bohui wei quan wang bei leling guanbi], Beijing News [Xin jingbao], reprinted in Tech.tom.com, 18 January 04, http://tech.tom.com.
425 "GAPP Announces List of 19 Dictionaries That Do Not Meet Standards" [Zhongguo guojiaxinwen chuban zongshu baoguang 19 zhong buhege cishu (mingdan)], China News Services [Zhongguo xinwenshe], 17 October 03, http://chinanews.com.
426 Ji Yanan, "Thirty Periodical Publishers Are Punished for Illegally Using Non-locally Registered Publication Numbers" [30 jia liyong jingwai zhuce kanhao de feifa chuban qikan beiqudi], Guangming Daily [Guangming ribao], 14 July 04, www.gmw.cn.
427 "Write Poems Yourself, Publish Yourself; Two 'Poets' Are Sentenced" [Ziji xie shi zijichuban liang 'shiren' bei panxing], People's Daily [Renmin ribao], 17 January 04, www.peopledaily.com.
428 Alice Yan, "Officials Loosen Grip on Movie Producers," South China Morning Post, 4 November 03, www.scmp.com. In addition, during the past year, SARFT issued the "Temporary Measures for the Qualifications To Be Allowed To Produce, Distribute and Display Movies," [Dianying zhipian, faxing, fanying jingying zige zhunru zhanxing guiding], issued 29 October 03, which restricts the right to produce movies to enterprises with a registered capital of at least 100,000 yuan.
429 Zhang Dongcao, "Administration of Weather Forecast Reporting and Broadcasting: Media Outlets who Violate Norms on Publishing Weather Reports are Subject to Fines up to 10,000 Yuan" [Zhongguo qixiang ju: meiti bu guifan kanbo qixiang qubao zuigao fa wanyuan], China Youth Daily [Zhongguo qingnian bao], reprinted in People's Daily [Renmin ribao] 2 February 04, www.people.com.cn.
430 Elaine Kurtenbach, "China Extends Text Message Surveillance," Washington Post, 2 July 04, www.washingtonpost.com.
431 "Bware, SMS Unda Ctrl [sic]," Reporters Without Borders, 1 July 04, www.rsf.org.
432 "Central Group To Inspect Work To Improve Publications in Localities," Xinhua, 22 October 03 (FBIS, 22 October 03).
433 "Computer Game Cracked Down on for Discrediting China's Image," Xinhua, 19 March 04 (FBIS, 19 March 04).
434 Robert Marquand, "China Mutes Online News," Christian Science Monitor, 10 March 04, www.csmonitor.com.
435 Wu Yi, "Speech from the National SARS Prevention Televised Teleconference" [Zai quanguo yufang feidian gongzuo dianshi dianhua huiyi shangde jianghua], People's Daily[Renmin ribao], 9 October 03, www.peopledaily.com.cn.
436 Beijing City People's Government, Opinion on Carrying Out the Work of Housing and Demolition Well to Safeguard Social Stability [Beijing shi renmin zhengfu guanyu zuohao fangwu chaiqian gongzuo weihu shehui wending de yijian], issued 10 November 03.
437 Joseph Kahn, "Chinese Gave Cheney Speech Their Own Form of Openness" New York Times, 19 April 04, www.nytimes.com.
438 See, e.g., an article posted on the People's Procuratorate Daily's Web site entitled "Human Rights Watch Claims U.S. Violating International Law in Iraq," 15 January 04, http://www.jcrb.com.
439 Wei Yongzheng, "Rules Prohibiting the Publication of Remarks Contrary to Court Decisions Cannot Stand" [Zhun fabiao 'yu panjue xiangfan pinglun' de guiding bugongzipo], MediaChina.net [Zhonghua chuanmei wang], reprinted in Xinhua, 9 September 03, http://news.xinhuanet.com.
440 Notice Regarding Guiding the Publication of Books on Reforming the Constitution [Guanyujiaqiang dui sheji xiugao xianfa fudao duwu chuban guanli de tongzhi], issued 19 Jan 04.
441 "China Censures Tibetan TV Station," New York Times, 26 March 04, www.nytimes.com.
442 Yi Lan, "Publication of Mao Yuanxin's New Reminiscences Banned," Cheng Ming, 1 March 04 (FBIS, 1 March 04).
443 Chiang Hsun, "The Crux of Li Peng's 'The Crucial Moment,"' Yazhou Zhoukan, 28 March 04 (FBIS, 28 March 04).
444 "Arrest Warrants Approved for Three Evicted Families in Jiahe County" [Jiahe san chaiqianhu bei pibu], Beijing News [Xin jingbao], reprinted in Guangming Daily [Guangming ribao], 17 May 04, www.gmw.com.cn.
445 Josephine Ma, "Economist Baffled by Ban on his Book," Asia Pacific Media Network (citing South China Morning Post), 24 July 04, www.asiamedia.ucla.edu/. Other examples of censorship in the last year include: 
• According to the Tibet Information Network, in March, Chinese authorities banned Notes on Tibet, a book written in Chinese by the Tibetan author Oser. "London-based Rights Group Says China Banned Book by Tibetan Author Oser," Agence France-Presse, 17 March 04 (FBIS, 17 March 04).
• In March, Chinese authorities arrested two people for publishing a Communist Party handbook without authorization. "Two Detained for Violating Copyrights of Two Recent Communist Party Regulations," Xinhua, 27 March 04 (FBIS, 27 March 04).
446 "Seven Media Heavyweights Make a Self-Discipline Pact" [Qi dameiti dingding zilu gongyue], World Journal [Shijie xinwen wang], 7 November 03, www.worldjournal.com.
447 Compare the following two Xinhua stories: English version: Han Qiao, "Foreign Journalists See Room for Improvement for PRC Spokesman System," Xinhua, 22 May 04 (FBIS, 22 May 04). "Chinese spokesmen of different ministries are getting better, but still need to improve," said Philip Pan, a journalist with the Washington Post. Chinese version: Han Qiao and Zhao Lei, "Change is Happening: China's New Spokesperson System in the Eyes of Foreign Reporters" [Bianhua zhengzai fasheng: waiguo jizhe yanzhong de zhongguo xinwen fayanren], Xinhua, 24 May 04, http://news.xinhuanet.com. According to Philip Pan of the Washington Post, "The situation now is much better than when I first arrived in China, it is a step forward that the government is establishing a news spokesperson system."
448 Commission staff interviews with authors who have published books in China.
449 "China Admits Censoring Hillary," BBC News, 27 September 03, http://news.bbc.co.uk . As a result, Former President Bill Clinton insisted on the right to review and reject any Chinese translation of his forthcoming memoirs as a condition of agreeing to publish in China. "Clinton Insists on Conditions for Memoirs," South China Morning Post, 8 January 04, http://news.bbc.co.uk. As a result, Former President Bill Clinton insisted on the right to review and reject any Chinese translation of his forthcoming memoirs as a condition of agreeing to publish in China. "Clinton Insists on Conditions for Memoirs," South China Morning Post, 8 January 04, www.scmp.com.
450 Commission Staff Interview.
451 See, e.g., the series Internet Law Review [Wanglu falu¨ pinglun], published by the Law Press [Falu¨ chuban she], which carries articles discussing almost every issue relating to Internet law-intellectual property, privacy rights, defamation, e-commerce-but nothing regarding how China's government blocks Web sites or imprisons Internet essayists.
452 See, e.g., Chen Huanxin, Legal Protections for Freedom of Expression [Fabiao ziyou de falu¨ baozhang] (Beijing: China Social Science Press, 2003).
453 The Qinghua University Media School web page (www.media.tsinghua.edu.cn) regularly posts articles by Chinese and foreign authors critical of the way foreign governments infringe on freedom of the press, but as far as the CECC has been able to determine, that site has never carried any article expressing similar concerns about the restrictions China's government imposes on foreign journalists.
454 See, e.g., Li Xiguang, Deformed Press [Jibian de meiti] (Shanghai: Fudan University Press, 2003), a book that discusses the most urgent problems facing China's media without ever addressing China's prior restraint system or the government's intimidation of journalists.
455 See, e.g., Yao Lijun, A Comparison of Sino-Western News Writing [Zhong xi xinwen xiezuo bijiao] (Beijing: China Television Broadcast Press, 2002).
456 See, e.g., Gu Qian, Chinese and Western News Broadcasting: Conflicts, Combinations, and Co-existance [Zhong xi fang xinwen chuanbo: chongtu, jiaorong, gongcun] (Shanghai: Fudan University Press, 2003).
457 See, e.g., Chen Lidan, A Summary of Marxist News Thought [Makesi zhuyi xinwen sixiang gailun] (Shanghai: Fudan University Press, 2003).
458 "Internet Tutors Employed in North China Province To Improve Cafe´ Service," Xinhua, 4 April 04 (FBIS, 4 April 04).
459 "Major Chinese News Web sites Reach an Agreement on Family Standards for Publishing" [Woguo hulianwang xinwen xinxi chuanbo ye dingli jiagui], People's Daily [Renmin ribao], 9 December 03, www.people.com.cn.
460 Commission Staff Testing.
461 Commission Staff Testing. "Google-Yahoo Battle Threatens Freedom of Expression," Reporters Without Borders, 26 July 04, www.rsf.org; Bill Xia, "Google Chinese News Censorship Demonstrated," Dynamic Internet Technology, Inc., 16 September 04, available at www.dit-inc.us/report/google200409/htm
462 "Unswervingly Unfold 'Fight Against Pornography and Illegal Publications' and Create A Fine Social and Cultural Environment for Building A Well-Off Society In An All-Round Way," Xinhua, 15 January 04 (FBIS, 15 January 04).
463 "Implementation Program for Television and Movies Strengthening and Improving the Establishment of Moral Thought for Minors" [Guangbo yingshi jiaqiang he gaijin weichengnianren sixiang daode jianshe de shishi fangan], issued 13 May 04.
464 Felix Corley and Magda Hornemann, "China: Government Blocks Religious Web sites," Forum 18 News Service, 21 July 04, www.forum18.org.
465 Commission Staff Testing. See also "China Blocks Chinese Web sites of Wall Street Journal, Deutsche Welle," Agence France-Presse, 11 March 04 (FBIS, 11 March 04).
466 For example, in September the People's Liberation Daily told readers that "International and overseas spy organizations use the Internet as an important means to get intelligence; they frequently set online "traps" to obtain intelligence. Although we have set up 'fire walls' and other measures to ward off such harmful information, there is some information we cannot 'ward off' or 'fend off."' Dai Yongjun, "Build a Firm Ideological 'Fire Wall'," [Zhu lao sixiang shangde 'fanghuoqiang'], PLA Daily [Jiefangjun bao], 27 September 03, www.pladaily.com.cn.
467 "GAPP Deputy Director States GAPP Has Not Allowed Foreign Magazines to Publish in Chinese in China" [Xinwen chuban zongshu fushu shuzhang: mei pizhun guo yi jia guowai zazhi zhongwenban], China-media.com.cn [Zhonghua xinwenban], reprinted in Xinhua, 30 September 03, http://news.xinhuanet.com.
468 Vivien Cui, "Paper is Probed Before It Appears," South China Morning Post, 9 January 04, www.scmp.com.
469 "China Eases Ban on Foreign TV Investment," Washington Post, 9 February 04, www.washingtonpost.com.
470 Ibid.
471 "Jamming of BBC Must Stop: British Minister Tells China," Agence France-Presse, 18 December 03 (FBIS, 18 December 03).
472 Regulations for the Management of Ground Satellite Television Broadcasting Receptors [Weixing dianshi guangbo dimian jieshou sheshi guanli guiding], issued 5 October 93. English translations of the relevant provisions are available on the CECC Virtual Academy at www.cecc.gov/pages/virtualAcad/exp/explaws.php.
473 Measures on the Administration of Foreign Satellite Television Channel Reception [Jingwai weixing dianshi pindao luodi guanli banfa], issued 4 December 03. English translations of the relevant provisions are available on the CECC Virtual Academy at www.cecc.gov/pages/ virtualAcad/exp/explaws.php.
474 Weblogs have become increasingly popular among Internet users around the world as a means for individuals to express their views on any topic that interests them. Weblog technology enables every Internet user to become a private publisher.
475 Juliana Liu, "China Shuts Down Two Internet 'Blog' Sites," Reuters, 18 March 04, www.reuters.com.
476 Commission staff testing indicates that Chinese authorities continue to block Blogspot.com.
477 "GAPP Plans to Invest 50 Million into Strengthening Media Supervision" [Xinwen chuban shu jiaqiang hulianwang jianguan jihua touru wu qianwan], Mediainchina.org.cn (Zhongguojizhe wang), 9 February 04, www.mediainchina.org.cn.
478 "Public Told To Report Radical Chat Rooms," South China Morning Post, 28 February 04, www.scmp.com.
479 "Shanghai Cameras Spy on Web Users," BBC, 22 April 04, http://news.bbc.co.uk.
480Regulations on Customs' Administration of Printed Materials and Audio/Visual Materials Imported or Exported by Individuals Via Carriage or Post [Haiguan dui geren xiedai he youji yinshuapin ji yinxiang zhipin jinchu jing guanli guiding], issued 10 July 91. English translations of the relevant provisions are available on the CECC Virtual Academy at www.cecc.gov/pages/virtualAcad/exp/explaws.php. In one incident reported in China's media last year, Customs authorities confiscated a book from a returning Chinese citizen. The citizen, a professor, took the Customs Office to court claiming that they had violated Chinese law by failing to provide him with grounds for confiscating book. A lower court found for the Customs Office, but a higher court overturned that decision and said that the Customs Office was obliged to provide an explanation of the facts and legal basis for confiscating the book. "The Story of a Banned Book's Journey Through Customs" ['Jinshu' guoguan susong shimo], Xinmin Weekly [Xinmin zhoukan], reprinted in Sina.com [Xinwen zhongxin], 25 September 03, www.sina.com.cn.
481 Commission Staff Interviews.
482 Commission Staff Interviews.
483 Detailed information regarding these laws can be found in the Commission's 2003 Annual Report, the Commission's topic paper "Information Control and Self-Censorship in the PRC and the Spread of SARS," and on the CECC Virtual Academy at www.cecc.gov/pages/virtualAcad/exp/expsecurity.php.
484 For example, Wang Youcai, Wu Yiran, Liu Di, Li Yibin, Ma Shiwen, and Fang Jue.
485 Huang Huo, "Chen Shumin and Others Sentenced for Using a Cult to Jeopardize the Enforcement of the Law" [Chen Shuming deng liyong xiejiao zuzhi pohuai falu shishi bei panxing], Xinhua, www.cq.xinhuanet.com.
486 "China Formally Charges Two Christians With 'Revealing State Secrets,"' Agence France-Presse, 25 February 04 (FBIS, 25 February 04). "Activists Who Tracked Crackdown on Churches Face Secrets Charges," South China Morning Post, 26 February 04, www.scmp.com.
487 Zhang Tao and Ping Song, "Three Teachers Involved in Leaking Fourth Grade English Exams Are Sentenced to Three and Two Year Sentences" [Xielou yingyu si ji shijuan: 3 ming she an jiaoshi bei panxing 3 nian he 2 nian], People's Daily [Renmin ribao], 3 June 04, www.people.com.cn.
488 For example, the government posted security officers outside the house of Liu Di (also known as the "Stainless Steel Mouse") during the annual meeting of the National People's Congress and on 15th anniversary of the Tiananmen massacre. Jim Yardley, "A Chinese Bookworm Raises Her Voice in Cyberspace," New York Times, 24 July 04, www.nytimes.com.
489 For example, according to his wife, Dr. Jiang Yanyong was under a gag order not to speak with reporters. Benjamin Kang Lim, "China SARS Hero Freed After Weeks in Custody," Reuters, 20 July 04, www.reuters.com.