State Council Issues New Foreign Journalist Regulations

November 25, 2008

The State Council on October 17, 2008, issued the Regulations of the People's Republic of China on News Covering Activities of the Permanent Offices of Foreign News Agencies and Foreign Journalists, which became effective immediately. The new regulations make permanent the less restrictive conditions introduced by the Regulations on Reporting Activities in China by Foreign Journalists During the Beijing Olympic Games and the Preparatory Period (Olympic Regulations), which took effect on January 1, 2007, and expired on October 17, 2008, the day the new regulations became effective. Prior to the Olympics Regulations, rules from 1990 required foreign journalists to obtain the approval of a local foreign affairs office before reporting outside of Beijing, a process that sometimes took days.

The State Council on October 17, 2008, issued the Regulations of the People's Republic of China on News Covering Activities of the Permanent Offices of Foreign News Agencies and Foreign Journalists, which became effective immediately. The new regulations make permanent the less restrictive conditions introduced by the Regulations on Reporting Activities in China by Foreign Journalists During the Beijing Olympic Games and the Preparatory Period (Olympic Regulations), which took effect on January 1, 2007, and expired on October 17, 2008, the day the new regulations became effective. Prior to the Olympics Regulations, rules from 1990 required foreign journalists to obtain the approval of a local foreign affairs office before reporting outside of Beijing, a process that sometimes took days. Like the Olympic Regulations, the new regulations allow journalists to travel to much of China for reporting without prior approval and, to interview individuals or organizations, require only the consent of the interviewee.

At an October 17 press conference Liu Jianchao, Director-General of the Information Department of the Ministry of Foreign Affairs (MFA), said foreign journalists would still be required to obtain government permission before traveling to the Tibetan Autonomous Region and other areas closed to foreigners, as provided for in other regulations. Liu said the restricted areas are "very few" and he was not authorized to provide the names of the areas.

Key Provisions of New Regulation

  • 1990 Regulations Abolished (Article 23).
  • Only Need Consent of Interviewee (Article 17). The 1990 regulations required foreign reporters to obtain permission from a local foreign affairs office to report in that area and required foreign reporters in China for six months or less to arrange their reporting activities through a Chinese host organization. The new regulations contain neither of these requirements. Article 17 requires only the consent of the unit (danwei) or individual to be interviewed. It also requires foreign journalists to carry and show their foreign journalist card or visa while reporting.
  • Legal Obligations of Foreign Journalists (Article 4). In addition to following China's laws and regulations, foreign journalists must "observe journalistic ethics, objectively and fairly carry out news gathering and reporting, and not engage in activities incompatible with their status as a journalist or the nature of their organization." The 1990 regulations required journalists to "observe journalistic ethics," "not distort facts, fabricate rumors or carry out news coverage by foul means," and not to "endanger China's national security, unity or community and public interests."
  • Punishment for Violations (Articles 20, 21). MFA may issue a warning to, stop or suspend the activities of, or revoke the journalist card or visa of journalists who violate the regulation's provisions. Public security officials may order foreigners who do not possess a valid foreign journalist card or visa issued by the Chinese government to stop reporting and may "handle" the situation "according to the relevant laws."
  • Enforcement of Foreign Journalists' Rights. The new regulations do not include any provisions specifying how foreign reporters can ensure their right to interview consenting individuals and organizations free from government interference. See an earlier analysis for possible legal remedies for foreign journalists.

Foreign journalists in China welcomed the new regulations but expressed concern that local interviewees could be subject to greater harassment as a result. "The easing of controls for foreign journalists should not be achieved at the expense of putting more pressure on local sources," the Foreign Correspondents Club of China said in an October 17 press release. While the Olympic Regulations were in effect, authorities reportedly intimidated Chinese colleagues of foreign journalists and local interviewees. In January 2008, Beijing police prevented foreign reporters from interviewing Zeng Jinyan, rights activist and wife of imprisoned human rights activist Hu Jia. A Beijing court sentenced Hu to three and a half years in April in part for making "subversive" comments to foreign reporters. In the lead-up to the Olympics, Shanghai public security officials reportedly barred activists, petitioners, and other "controlled" people from speaking to foreign reporters.

At the October 17 press conference, Director-General Liu denied that any persons interviewed by foreign journalists had been threatened. "The Chinese Constitution guarantees the freedom of speech of Chinese citizens," he said. "In China, no one is subjected to so-called interference and intervention for engaging in regular speech." Liu added that no matter whether someone is a business person, scholar, expert, or government official, they would be free to decide whether to grant an interview to a foreign journalist.

Liu also said that officials would not abuse their power to limit the activities of foreign journalists during emergencies. This past year, Chinese officials have interpreted provisions allowing officials to impose restrictions on foreign journalists during public emergencies broadly. Following protests in Tibetan areas that began in March 2008, officials imposed a travel ban on foreign journalists that extended far beyond reported protest sites. After the May earthquake in Sichuan province, officials prevented foreign journalists from reporting as officials forcibly broke up a protest by grieving parents.

For more information on the Olympic Regulations, see previous Commission analysis comparing the Olympic Regulations with the 1990 rules and assessing implementation of the Olympic Regulations a year after it took effect.

The new regulations do not apply to Chinese journalists, who remain subject to a wide range of government and Party regulations, policies, directives, and pressures that encourage self-censorship and hinder their ability to report freely. For more information on these restrictions, see Section II--Freedom of Expression, in the Congressional-Executive Commission on China's 2008 Annual Report.