In recent weeks, China has been abuzz with talk about protecting the rights of citizens to criticize the government. To date, the Chinese media has given extensive coverage to three separate cases involving the use of criminal-defamation charges to silence individuals who aired criticisms of alleged local government misconduct on the Internet. These press reports have generated considerable public sympathy for the victims of these abuses of power and may represent an initial push toward reforms that would create space for some—but likely not all—those who dare to voice opinions critical of the Chinese government.

[...] Though exposure of three separate criminal-defamation cases over the course of two weeks is certainly remarkable, it would be an oversimplification to blame a new, concerted effort to impose new restrictions on free speech in China. But the increased use of both civil- and criminal-defamation litigation to fight back against criticism in recent years is reflective of changes that have taken place in China over the past decade. Chinese state control of the media has long ensured that officials and institutions are rarely subjected to public criticism. But today’s media environment features a increasingly commercialized press with more editorial freedom and, especially, an expansive Internet that, while routinely censored, nevertheless provides an unprecedented platform for individuals to express opinions on a range of subjects. And for local officials, online criticism like that posted by Wang Shuai, Wu Baoquan or Deng Yonggu does not simply embarrass; if it leads to an investigation from above, it could mean the loss of a job.

© Sophie Beach for China Digital Times (CDT), 2009. | Permalink | No comment | Add to del.icio.us
Post tags: defamation, local power, Wang Shuai, Wu Baoquan
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After reading about Henan’s Wang Shuai (王帅) case and Inner Mongolia’s Wu Baoquan (吴保全) case (both were accused of crimes after criticizing the government), my initial response was that these were classic cases of wenziyu (文字狱), [or being jailed for one’s words]. But when I thought more carefully about it, these cases are a bit different from ancient cases of wenziyu [in China]. Ancient cases of wenziyu were generally initiated on the behalf of rulers at the highest level [such as the emperor], and the goal was to strive for uniformity of thought and opinion. Clearly, those who pursued and persecuted Wang Shuai and Wu Baoquan did not have such lofty priorities. What they wanted, first and foremost, was to ensure that information did not leak out, and secondly, that the dignity of the [local] ruler was preserved . . . We have every indication that this first priority was the most pressing of all.

We must admit that some of our local officials have made progress, and if the people, having had a bit too much to drink, criticize those who govern them, most will be spared revenge so long as they don’t publicly shake a finger at a leader’s nose. And there are even those [leaders] who might hear [the insults] but pretend not to. But when [local officials] mobilize police strength to conduct a manhunt for Wang Shuai over vast distances, when they direct the courts to sentence Wang Baoquan, answering his subsequent legal appeal by upping the severity of his sentence, when they march to war, when they break a butterfly on the wheel — this, certainly, is about expending every possible effort in the shortest space of time to keep a lid on information. It is about silencing the crowd with a single act of violence, so that they think twice before following the example.

The Siweiluozi blog has been following these cases as well. Most recently, the blog posted a translation of a piece by writer Ran Yunfei titled “The Shameless, Hidden Facts of the Deng Yonggu Case,” about the case brought against a Sichuan forestry bureau worker who alleged misconduct in a reforestation project:

For making a signed accusation of corruption in the reforestation work being done in Gaosheng Township, Deng Yonggu has been falsely accused by the Pengxi County Procuratorate of defamation. Considering the principle under which there should be no crime if no one brings suit, for the public prosecutor to bring suit in this case is, from one perspective, a colossal joke. Even if one’s criticisms of the government turned out not to be factual, it should never constitute defamation—this is basic common sense. If the officials who were criticized feel that they were libeled, why shouldn’t they bring suit themselves and, at the same time, allow neutral investigators to examine whether what Deng Yonggu alleged is true? By not making the truth public and not discussing the truth of what Deng Yonggu alleged, prosecutors have taken it upon themselves to exonerate and illegally shield these few officials tagged as “scum.”

© Sophie Beach for China Digital Times (CDT), 2009. | Permalink | No comment | Add to del.icio.us
Post tags: defamation, local power, Ran Yunfei, Wang Shuai, Wu Baoquan
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Yesterday is the day when Wu Baoquan goes from the detention center in the city of Ordos (Inner Mongolia) into the local prison. If his appeal fails, Wu Baoquan will have to spent the next one year and eight days in prison.

On April 27, Wu Baoquan was arrested in Shenyang city because he made comments on the Internet that insulted and libeled the government as well as individual persons. After a series of judicial steps including a trial, an appeal, an increased sentence, another appeal and a sustained sentence, Wu learned on April 17 that the Ordos Middle Court has upheld the original sentence and he will have to serve prison from April 29, 2008 to April 28, 2010.

On April 19, this newspaper reported this Inner Mongolian case that was analogous to the Wang Shuai case. The difference was that Wang Shuai received an official apology as well as state compensation. But Wu Baoquan was arrested out of state, sentenced to one year in prison at the first trial and had the sentence increased to two years at the second trial. This story created a stir on the Internet at the various major forums. But at the Ordos forums at Baidu and elsewhere, discussion was limited.

Update: See also posts from the Siweiluozi blog about this case and another recent case of a Sichuan forestry bureau worker who was put on trial for “defaming” his superiors in an online post over allegations of misconduct in a reforestation project.

© Paulina Hartono for China Digital Times (CDT), 2009. | Permalink | No comment | Add to del.icio.us
Post tags: libel, Ordos, Wang Shuai, Wu Baoquan
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A 24 year-old netizen Wang Shuai was jailed for 8 days for posting pictures that mocked at illegal land requisition in Henan Ningbao county in 6 March.

Latest update on 17 of April from http://news.jinghua.cn/351/c/200904/17/n2528699.shtml>jinhua.cn via sz7 in the comment: Henan province police chief apologized to Wang and he was given state compensation. And a case has been set up and the land requisition is currently under investigation.

The post is title as “Great tactics for fighting drought in Ningbao village!”. In the post, the netizen pasted a mainstream report that Ningbao government has collected RMB 5.4 million to fight drought. Then the pictures showed local government’s ridiculous tactics in fighting drought, including giving bonus to shepherds who brought their herds to eat sprouts, cutting down all the fruit trees, turning off the water pumps and etc. According to land requisition law, the compensation for land with crops and trees is much higher than abandoned land.

© Paulina Hartono for China Digital Times (CDT), 2009. | Permalink | No comment | Add to del.icio.us
Post tags: Henan, land disputes, local power, netizens, Wang Shuai
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