Author: David Bandurski

Now Executive Director of the China Media Project, leading the project’s research and partnerships, David originally joined the project in Hong Kong in 2004. He is the author of Dragons in Diamond Village (Penguin), a book of reportage about urbanization and social activism in China, and co-editor of Investigative Journalism in China (HKU Press).

CMC buys stake in Caixin Media?

Hong Kong’s Apple Daily reported on Sunday that China Media Capital (CMC), a media investment fund with close ties to the government, has purchased a controlling stake in Caixin Media, the media group run by veteran journalist Hu Shuli (胡舒立). The newspaper said that Caixin was in the process of transferring licensing for its various publications — including Caixin Century and China Reform — to Shanghai from Zhejiang, as CMC’s operations are based in the financial capital.
There have been rumors since September this year that CMC has close ties to “princelings,” the children of influential Communist Party leaders, and that in fact the true controlling hand behind CMC is Li Tong (李彤), the daughter of former politburo standing committee member and ideology chief Li Changchun (李长春).
China Media Capital CEO Li Ruigang (黎瑞刚) has denied ties to influential princelings, including Li Tong. [UPDATE: See also Li’s recent interview with Hong Kong’s Singtao Daily, in which he says he has never had dealings with Li Tong, and says media have confused his China Media Capital with China Cultural Industrial Investment Fund, which Li Tong does oversee.]

Li Changchun daughter
Hong Kong media reports suggest Li Tong, above, the daughter of former propaganda czar Li Changchun, is the real power behind CMC, which is rumored to have bought a controlling state in Caixin Media.
Li Tong, currently CEO of Bank of China International (See also this release), reportedly also runs the China Cultural and Media Investment Fund, a state-backed cultural promotion and investment vehicle that was approved by the China’s National Development and Reform Commission (NDRC) in May 2010. According to a press release on the fund’s website, the formation of the fund was a “significant move in the implementation of the Cultural Industry Promotion Plan promulgated by the State Council.”

The China Media Project has not yet confirmed the purchase of the Caixin stake by CMC. However, in an interview with 21st Century Business Herald published on November 15, Li Ruigang said only that it was “inconvenient to respond” to rumors that CMC had completed the purchase of the Caixin Media stake.
 

Desperate appeal deleted

The following post by Nantong Dan Lihua (南通单利华), a petitioner from the Jiangsu city of Nantong, was deleted from Sina Weibo sometime before 3:04pm today, November 13, 2013. In the post, Dan reports being detained by a stability preservation official from Nantong city at the railway station in Beijing. Dan Lihua currently has with more than 1,300 followers on Sina Weibo. [More on deleted posts at the WeiboScope Search, by the Journalism and Media Studies Centre]
The deleted post, in which Dan tags the official Weibo of the Beijing police, reads:

Right now I’m in the North Plaza at the Beijing South Railway Station and I’ve been intercepted by seven people led by Liu Yi (刘毅), the head of the petitions office in Gangzha District, Nantong City, Jiangsu. I’m sitting on the cold ground. I’ve already dialed 110 to report my case to Beijing [authorities], but the police haven’t come. Please won’t you web users pay attention to my case. Thank you! My phone number is 13615235498.

The Chinese-language original follows:

我现在北京南站北广场被江苏南通港闸区唐闸衔道信访主任刘毅带领7人截访,我坐在冰冷的地上,已向北京110报案20分钟,警方不出警,请网友们关注申援!谢谢!我电话13615235498 @平安北京

dan lihong

NOTE: All posts to The Anti-Social List are listed as “permission denied” in the Sina Weibo API, which means they were deleted by Weibo managers, not by users themselves.

Who watches CCTV Nightly News?

The following post by Kdnet.net (凯迪网络), the official Weibo account of the international Chinese-language web portal KDNET, was deleted from Sina Weibo sometime before 5:04pm today, November 13, 2013. The post reports the results of an online survey on the popular Netease web portal showing that 60 percent of respondents do not watch the official nightly news cast (新闻联播) on China Central Television, and more than 70 percent rate the program as “rather poor.” Kdnet.net currently has with more than 169,000 followers on Sina Weibo. [More on deleted posts at the WeiboScope Search, by the Journalism and Media Studies Centre]

新闻联播1

The deleted post reads:

[A research report on CCTV Nightly News: More than 60 percent of web users don’t watch the program at all, and 70 percent say it’s poor!] Recently, China Central Television said its own satisfaction surveys showed that it’s Nightly News program was on top. Since the 1950s, the CCTV Nightly News has dominated prime time television for tens of millions of Chinese families. But survey results [from Netease] show that more than 60 percent of web users don’t watch it, and close to 70 percent believe it is rather poor. There’s a big gap between this survey and CCTV’s own investigation!

In fact, as users can see from the image below, posted along with the Kdnet.net Weibo post, that the survey results showed that only 10.8 percent of those surveyed by Netease watched the CCTV Nightly News either “every day” (2.9%) or “often” (7.9%).
The Chinese-language original follows:

【《新闻联播》调查报告:超六成网友根本不看 七成看者差评!】近日央视调查称新闻联播满意度居首。新闻联播自上个世纪50年代至今,牢牢占领了千家万户的黄金档,但调查结果却显示,超6成网友不看,看过的网友中,近7成认为比较差,这与央视自己的调查大相径庭!http://t.cn/8DD5hV4 网易图娱

CCTV Nightly News

NOTE: All posts to The Anti-Social List are listed as “permission denied” in the Sina Weibo API, which means they were deleted by Weibo managers, not by users themselves.

Say Cheese!

say cheese

China’s chengguan, or urban management officers, non-police who are charged with such urban tasks as clearing away unlicensed street vendors or carrying out forced demolitions, have a horrible reputation in the country. Their name is synonymous with violence. But recently, the southern city of Guangzhou issued new regulations for its chengguan designed to spruce up their public image. Chengguan are now being told, for example, that they must begin interactions with the public by saying “Hello!”. In the following cartoon, posted by artist DSX (大尸凶的漫画) to Sina Weibo, three chengguan officers pose with an elderly street peddler who is forced to kneel on the street (presumably before they confiscate her goods). “Say ‘Cheese’!” they tell her tauntingly. The not so subtle sub-message: training chengguan in politeness is pointless and beside the point when they are tasked with the oppressive dirty work police want to keep at arm’s length.

Behind corrupt news, a corrupt system

Even the stars can be seen in Beijing skies at the moment. The wind raked through yesterday. The smog lifted.
Recently, as it seemed the smog would never clear, I surrendered and joined the ranks — I too bought an air purifier. After all, Doctor Zhong Nanshan (钟南山), the hero of SARS, said the smog in the north right now was more harmful than the epidemic a decade ago. You can’t just sit around, can you — breathing in those cancer causing particles and waiting for death to come?
At the moment, though, the smog in China’s media presents a more insoluble problem. As we approach China’s tenth Journalist’s Day on November 8, that smog is thicker than it ever has been. The foulness has a lot to do, of course, with the recent scandal surrounding New Express reporter Chen Yongzhou (陈永洲).
[1]
The Chen Yongzhou saga unfolded in three stages. Initially, the New Express supported its reporter following his cross-regional detention by Changsha police. It ran a bold headline, “Please Release Him,” on its front page. The next day, it ran another huge headline: “Again, Please Release Him.” These calls prompted a lot of attention, sympathy and support.
But the story took a dramatic turn after Chen Yongzhou was paraded out in handcuffs on China Central Television. He admitted to accepting money in exchange for a series of reports on the listed company Zoomlion.
The third stage was the counterattack against Changsha authorities and Zoomlion, in which critics questioned, for example, the right of the Changsha police to pursue the case across provincial borders.
There are indeed many problems with how the case has been handled. For instance: if the reporter is indeed suspected of accepting financial reward for his series of reports, then why is the charge her commercial libel and not bribery?
So I think it’s a fair point to say that greater scrutiny should be given to how the Chen Yongzhou case has been handled and what its legal basis really is.
Critics have also criticized the way Chen was paraded on CCTV. This, they say, is essentially “trial by media,” something we’ve seen on a number of so-called “legal programs” lately.
Actually, I don’t quite agree with the characterization of this as “trial by media.” Why? Because this term generally applies when we’re talking about independent media that make their own editorial judgements that impact the outcome of trials. In the case of CCTV, however, we are dealing instead with an official media outlet serving as a tool of power, for which reporting is, we should say, a “compulsory exercise.”
But the apparent revelations in the second phase of the Chen Yongzhou case — a television “confession” and rumors of high-level support from officials in Beijing — put many people in a tight spot. So this journalist we so vocally supported is in fact corrupt?
The All-China Journalists Association (ACJA), which at first showed rare solidarity with the reporter, quickly changed its tune, issuing a condemnation of the reporter’s conduct. The New Express could only capitulate and proclaim its guilt, its management suffering the consequences.
So much remains unclear, hidden by the smog. But we can say for certain that the credibility of China’s news media has plunged to a new low with this case. Media consumers must now think to themselves: if money is at work behind everything we read, where is the information we can trust?
[2]
When we look back to ten years ago, it’s incredible to think what relative prestige media had at that time. Around the time of the Sun Zhigang incident and the SARS epidemic, media were seen to be doing important work, both state-run media and commercially driven media. There was a sense that it was a golden age of investigative reporting.
It was also clear at that time that the government supported watchdog journalism, or what in Chinese is called “supervision by public opinion” (舆论监督). During Journalist’s Day in 2003, CCTV’s Accounts (讲述) program did a special segment in which it introduced a number of top journalists at the time, including Chai Jing (柴静), Qu Zhangying (曲长缨) and Ji Huiyan (冀惠彦) of CCTV, Zhu Yu (朱玉) of Xinhua News Agency, and such well-known investigative reporters as Wang Keqin (王克勤), Jiang Xue (江雪), Chen Feng (陈峰) and Zhao Shilong (赵世龙).
I recall that program with gratitude. Under the direction of anchor Zhang Xiaoqin (张小琴), who is now a teacher at Tsinghua University’s School of Journalism and Communications, these journalists shared wonderful stories about their work on a high-quality, professional program. It stimulated the excitement of a whole generation of aspiring journalists in China.
At the same time I really worry that that program might have been the pinnacle.
What many Chinese probably don’t know, in fact, is that a study done in the United States in 2003 showed already that Chinese journalism had its darker side. The disinterested results of that study indicated that among 66 countries where pay-for-play news was prevalent, the situation in China was the most severe.
The same year, I wrote a piece called, “Two Feudalisms in the Media We Must Be Mindful Of” (警惕传媒的双重“封建化”), in which I drew on the ideas of the German sociologist Jürgen Habermas and urged greater attention to the dangers of political and commercial manipulation of the media.
That piece, now a decade old, is as relevant today as ever.
These days, some of the journalists featured in the Accounts segment have retired. Others have left the profession. A few continue to hold on against the odds. The glories of those days have faded, and the rot we have seen spread through government and through business is now infecting the media as well.
The situation is more serious now than it ever has been. I don’t have reliable numbers available, but I would suggest that journalists who accept red envelopes as a matter of course now outnumber those who refuse.
[3]
In a piece called, “Rent Seeking in the Media is Unforgivable” (新闻寻租不可恕), Caixin editor-in-chief Hu Shuli (胡舒立) recently wrote about the chaos prevailing in China’s media. Hu’s piece drew a strong reaction from many journalists — a rare tide of dissenting opinion for a popular editor whose views are generally praised.
One of the chief objections to Hu’s piece was that by criticizing corruption in the media before the full facts of the Chen Yongzhou case have come to light — particularly given problems in how the case has been handled — Hu Shuli risked inviting further constraints on the already limited space enjoyed by journalists in China.
In fact, the two sides are on the same page. While it’s certainly true that we can’t glimpse the facts in the Chen Yongzhou case clearly as it stands right now, those journalists finding fault with Hu Shuli’s points must appreciate just how horrifying the situation really is in the media right now with respect to corruption.
As I was writing this piece, a number of people genuinely concerned about the future of journalism in China were busy canvassing opinions and exploring the possibility that news media might themselves prohibit such practices as pay-for-play and news extortion.
This should have happened long ago. But I have doubts about the effectiveness of this approach. First of all, checking abuses in the media cannot depend on moral restraint alone, just as the war on corruption has to be supported by legal mechanisms that at present don’t exist.
Secondly, there is the question of the relationship of media to power. Those media that are closer to power enjoy greater status. Some people have rightly pointed out that Chen Yongzhou’s newspaper, the New Express, is just a small-time player in the larger scheme of things. There are much more powerful “ghosts” of misconduct — and they are hiding inside the bigger media players [such as state-run media].
Third, rights and obligations must be balanced. If all we do is prohibit media from rent seeking, and we don’t ensure that their basic right to perform a monitoring role is protected by the law, then this type of supervision [including investigative reporting] can only weaken as a result. And right now, it’s position is already weak. If we say media supervision was in a position of strength ten years ago, we certainly cannot same the same today.
Fourth, right now new media are becoming more and more influential while traditional media are increasingly under financial strain. So if these problems, like accepting red envelopes and doing soft coverage, were a problem before, they will become even more so now. There are no exit mechanisms for news media, and we’ll certainly see some of them sacrificing their discretion on their way out.
Is it possible that news corruption is now lingering haze that we cannot dispel? In any case, it seems that this year we have little choice but to spend Journalist’s Day in a smoggy gloom.
 

Guidance of Public Opinion 舆论导向

The following is an excerpt from “Major Events,” an item appearing in China Comment, a magazine published internally by the Central Propaganda Department:


In the afternoon, Zhao Ziyang speaks with officials from the Propaganda Bureau and others responsible for the ideological work of the Party. “Open things up just a bit. Make the news a bit more open. There’s no big danger in that,” he says, adding. “By facing the wishes of the people, by facing the tide of global progress, we can only make things better.” Once Zhao’s words are conveyed to news media through comrades Hu Qili and Rui Xingwen, support for the student movement rapidly seizes public opinion and wrongly pushes matters in the direction of chaos. Several large newspapers, television and broadcast stations in the capital offer constant coverage of the students’ wishes. Subsequently, movements nationwide begin to gather strength, and the numbers of participants swell. Headlines and slogans attacking and deriding the Party also multiply in papers of all sizes, the content becoming more and more reactionary in nature.

China Comment (半月谈), June 1989


In a series of dictates following the events of June 4, the Central Propaganda Department stated in no uncertain terms that news media must “uphold correct guidance of public opinion.” During 1994’s National Working Conference on Propaganda Thought, propaganda officials said the press must “arm the people with scientific principles, guide the people with correct public opinion, mould the people with a noble spirit, and invigorate the people with excellent works”. “The political tumult of 1989, and the severe missteps in the leading of public opinion taught everyone in the Party an important lesson,” Jiang Zemin said in a meeting with propaganda ministers on January 24, 1996.

In a speech on September 26 of the same year, Jiang Zemin said after paying an inspection visit to the People’s Daily that correct guidance of public opinion was good for both the Party and the people, and incorrect guidance potentially calamitous for both. Jiang emphasized that “control of news and public opinion had to be placed firmly in the hands of those who had a deep respect for Marxism, for the Party and for the people.” “Those units responsible for news and public opinion must place firm and correct political bearings above all other priorities,” he said, “thereby upholding correct guidance of public opinion.”

The particular aspects of “guidance of public opinion” have generally been defined as follows: 1. Major Party media must not print or broadcast content that in policy or spirit is at odds with the Party; 2. Media should actively promote the policies of the Party and facilitate public understanding of these policies; 3. If public opinion differs from the Party on any matters, the media are responsible for sufficiently guiding the public so as to bring their opinions in line with the Party spirit; 4. If news reports or propaganda appear concealing certain trends at odds with the aims of the Party, the media must act to prevent the possible spread of these trends; 5. News that is not in the interest of the Party must be rejected, and media must not be so bold as to publicize such news; 6. The media must ensure correct and unerring guidance of public opinion by thoroughly respecting the Party’s discipline of propaganda; 7. The media must provide journalists with a foundation of expert knowledge and research in propaganda techniques in order to improve the results of propaganda guidance.

Guidance Today

“Guidance of public opinion” is still routinely found in CCP guidelines today, and increasingly under Xi Jinping has found its way also into national laws relating broadly to the media. In his February 2016 speech outlining his media policy, Xi reiterated that media needed to “firmly adhere to correct guidance of public opinion” (牢牢坚持正确舆论导向). In the same speech he stressed that media operated by the Party-state must all be “surnamed Party” (姓党), upholding the ‘Party nature”(党性).

As digital transformation has re-defined the media landscape in China, however, adhering to “correct guidance of public opinion” is no longer strictly a matter for traditional media and its editors, managers and (licensed) journalists. As hundreds of millions of internet users are actively involved in the sharing and creation of content, including chats, they are all, for the CCP, important nodes of “guidance.”

Regulations released in September 2017 by the Cyberspace Administration of China on the management of chat groups on social media services such as WeChat, QQ and Baidu Post Bar specified (emphasis added) that “providers of information services through internet chat groups on the internet, and users, must adhere to correct guidance, promoting socialist core values, fostering a positive and healthy online culture, and protecting a favorable online ecology.”

Guilt and shame in China's media

As all eyes turn to the mysterious jeep that burst into flames this week near the Tiananmen Gate, the fate of New Express journalist Chen Yongzhou (陈永洲) is bound to fade into the background. But we must remember not to forget Chen’s story. It has, very possibly, all the makings of a cliff-hanging crime thriller — and we are barely into the first chapter.
As we all know, Chen’s saga began as a relatively simple story: a newspaper making a rare public call for the release of its reporter, who had been detained by police on slander charges for a series of investigative reports.
Just as it seemed the tide might turn against Chen Yongzhou’s accuser, Hong Kong and Shenzhen-listed Zoomlion, and against Changsha police, the state-run China Central Television ran an on-camera “confession” in which Chen said he had accepted money to run a series of false reports on Zoomlion. The day after the “confession” aired, Chen’s newspaper, the New Express, published a front-page apology, saying it had not adequately reviewed his reports.

chen yongzhou


The story line suddenly changed. This was no longer about a courageous and desperate campaign by a newspaper to protect its own. It was about a journalist who had maliciously attacked a company for personal gain, and who in the process had smeared the reputation of his newspaper and his profession.
The All-China Journalists Association (ACJA), an official organization ostensibly representing the interests of media personnel in China — and which initially pledged to look into Chen’s detention — immediately flip-flopped, condemning the reporter’s confessed actions.
There were no new facts in the case, mind you. For its part, the ACJA seemed to drop its promised investigation; it was enough that the reporter had confessed on TV:

The All-China Journalists Association (ACJA) Saturday condemned a Chinese reporter who has been detained on suspicion of releasing unverified and untrue stories about a company.
Chen Yongzhou, a journalist with the New Express based in the southern city of Guangzhou, confessed to police that he had released a series of unverified and false reports about the engineering giant Zoomlion at the request of others.
Chen’s behavior has seriously violated journalistic professional ethics and harmed the media’s credibility, said the ACJA in a statement, adding that the New Express should also be held responsible for dereliction of duty over the past year.

That is a marvelous opening paragraph from Xinhua News Agency. It tells us, in twenty-four words, everything we need to know about the Chen Yongzhou case. Notice, the reporter has been “detained on suspicion of releasing unverified and untrue stories about a company,” but the ACJA, nominally charged with protecting him, has already “condemned” him.
There we have it. Chen Yongzhou is guilty until proven so.
There are so many lingering problems and questions in this case. But one of the biggest ones, obviously, is whether Chen’s confession was coerced. It’s a fact that he was marched in for his televised confession between two police officers. He was in handcuffs and wearing a prison jumpsuit. Web users in China also noted what appeared to be (but no one can possibly confirm) an abrasion on his neck just inside his collar. Can anyone with half a brain for law and reason take this confession to mean anything at all?
Here is what Wei Yongzheng, China’s most prominent media law expert, said in an article today:

This program of China Central Television’s, allowing a detained suspect to face the television camera and confess before the whole country . . . directly violates Criminal Procedure Law, which states that “no person may be forced to confess their own crimes.” When someone has been deprived of their personal freedom, and when they are escorted out in prison garb and in handcuffs by a pair of brawny police officers — to say that they are consciously and willingly confessing their wrongs in their own words wouldn’t fool even a three year-old child.

Legally speaking, then, this confession means nothing in terms of Chen Yongzhou’s guilt or innocence. But it speaks volumes about the conduct of Changsha police and China Central Television.
Here again is Wei Yongzheng:

The China Central Television program exposes the illegal behavior of the police. The Prison Statute clearly stipulates: “Restraints may be used, with the approval of the prison warden, in cases where there is reason to believe an offender might use violence, resist, escape or attempt suicide. In emergency situations, such equipment may be used initially, and then report be made to the prison warden. [Such equipment] should be removed outside the above-mentioned conditions.” . . .
The new Criminal Procedure Law introduced last year made additional demands about not forcing confessions, and also made stipulations about protecting the secrecy of information during the process of investigation and trial. Our media must study these important regulations diligently, making fundamental changes to the method of reporting confessions by suspects before trial. This report from CCTV not only failed to make these adjustments, but was even more flagrant than usual in its violations. This is perplexing and disappointing.

The upshot here is that the broadcast “confession” by CCTV’s Morning News program should be understood not as evidence of Chen Yongzhou’s guilt, but as a bleak illustration of how his rights have been violated by both police and the media.
The deeper irony is that while the CCTV “confession” propelled the Chen Yongzhou story away from the narrative of the victimized journalist and established the idea of the journalist as a breaker of laws and ethics, the only demonstrably unethical and possibly unlawful media conduct in this case is that of CCTV.
Other media, including the New Express, and agencies and organizations like the ACJA, have seized on the televised “confession.” They have reported it, and acted on it, with the assumption that it is the disinterested truth. In doing so, they have gone against their legal and professional duties, says Wei Yongzheng:

I must express my condemnation in seeing the statements of the All-China Journalists Association and other agencies, which simply repeated the confession of the reporter in this case. And I will not jump on the bandwagon in judging that the reporter is guilty. This [restraint] accords with the law. I hope that the police in this case and the media, in accord with the law, will immediately stop propagating the idea that the suspect is guilty. And I hope the case can be sent quickly to the procuratorate for investigation. If indeed a crime has been committed, then an impartial verdict must be rendered by the court in strict accordance with the Criminal Procedure Law. Only then can the truth be revealed and all doubts be eliminated.

Indeed, given what a steaming dog mess this whole case has become, how can we possibly know who is telling the truth? It is a well-established fact that state media in China have been among the worst offenders in cases of journalistic misconduct, including the acceptance of bribes and gag fees.
We can easily imagine the following totally hypothetical scenario: a listed company, stung by a series of reports from a commercial newspaper, pushes local authorities to arrest the reporter responsible; shamed again by a very public call for the reporter’s release, the company (and local authorities) seek out a program on state-run television, which agrees to air a forced confession by the reporter in exchange for a generous advertising purchase; the televised confession is a public relations coup for the listed company, turning the news narrative around and pushing its stock price higher.
The role of the ACJA in the Chen Yongzhou case is particularly shameful. Consider what the association says in its formal response to the CCTV “confession”:

The association safeguards reporters’ legal rights and interests, but also strongly opposes all unethical practices, including the abuse of rights in news gathering, and publishing false stories in exchange for cash.

CCTV’s decision to air the Chen Yongzhou “confession” was quite clearly an “abuse of rights in news gathering.” And that abuse directly concerns the “legal rights and interests” of the journalist at the center of this story.
On both accounts, the All-China Journalists Association has failed itself and China’s professional journalists.


The New Express story in today's papers

Guangzhou’s New Express, which made international headlines yesterday with a brassy front-page editorial calling for the release of one of its reporters from Changsha police custody, has repeated the call on its front page today.
In a bold headline in blue brackets toward the bottom of today’s front page, the New Express says of reporter Chen Yongzhou: AGAIN WE ASK FOR HIS RELEASE. A smaller headline reads: “Everything must be resolved within the framework of the law. You cannot detain first and [rationalize] charges later.” A jump directs readers to page A05, where there is a lengthy story summarizing the Chen Yongzhou case — drawing on reporting from other media, including the official Xinhua News Agency and The Beijing News.
More details on the circumstances of Chen Yongzhou’s detention have also emerged.
Chen Yongzhou’s wife told a reporter from The Beijing News that on the morning of October 17, Chen Yongzhou received a telephone call from Guangzhou police saying that there were new development’s in a report of theft the family had filed months earlier. Chen’s wife accompanied him to the police station, she said, because she was most familiar with the situation. When they arrived at the station they were taken into an interview room. Four or five officers then came in and identified themselves as Changsha police, saying Chen Yongzhou would be placed under criminal detention effective immediately.

New Express 10 24


So far, plenty of other Chinese media have followed suit with this story. We are hearing that a strongly worded editorial from Guangzhou’s Southern Metropolis Daily was removed by propaganda authorities. The headline of that editorial apparently was: “Cross-Regional Detention Sends Chill Through Media; The Abuse of Police Powers Does Not Stand Before the Law.”

photo

Original page layout for an editorial to be run in today’s Southern Metropolis Daily that was eventually, sources at the paper say, killed by censors.
However, the Southern Metropolis Daily has managed to publish a second editorial on Page 02 today, and it has plenty to say.
The editorial argues that the Chen Yongzhou case is about a serious abuse of power by authorities in Changsha. “Even more unsettling,” the editorial says, “is if local authorities act only to serve local economic interests, if they ignore legal limitations and preventative regulations to pursue cases and arrest suspects, not only is this the ugly result of the failure to limit power, but it becomes a serious example of power doing evil.”
The editorial also reiterates a point many people have emphasized over the past 24 hours, that even if an investigation shows that a news report contain serious factual errors causing demonstrable damage to a company’s business and reputation, the focus of legal action should be the media itself, not the individual reporter.
Images for a number of other important editorials and reports appearing in China’s media today follow.

The Beijing Times

The Beijing Times: “Seeing With Cool Heads the Issue of Damage to Business Reputation”
 

Qianjiang Evening News

Qianjiang Evening News: “Reporter for Guangzhou’s New Express is Detained by Changsha Police”
 

The Beijing News

The Beijing News: “Detaining Reporter for ‘Damaging Business Reputation’ is an Abuse of Police Powers”

Paper goes public over reporter's detention

In a rare case of open resistance by Chinese media against intimidation by the authorities, Guangzhou’s New Express newspaper today published an editorial on its front page appealing directly to its readers following the cross-regional detention of one of its reporters by police from Changsha, the capital of neighboring Hunan province.
Under the bold headline, “Release Him,” the editorial occupies the full front page of today’s New Express. The finer bolded text directly above the headline reads: “Dear Readers, our reporter Chen Yongzhou (陈永洲) reported on financial problems at Zoomlion and was taken into custody by the Changsha police outside their jurisdiction, accused of damaging business prestige. Over this matter, we must speak out.”
Zoomlion Heavy Industry Science & Technology Development is a construction machinery company based in Changsha and listed on both the Hong Kong and Shenzhen stock exchanges (SZSE: 000157, SEHK: 1157). In a series of 15 news stories published in the New Express between September 2012 and June 2013, Chen Yongzhou alleged that Zoomlion had exaggerated its profits and manipulated the market.

New Express frontpage call


Chen was reportedly taken into custody in Guangzhou more than a week ago by four policeman from Changsha — clearly operating far beyond their jurisdiction — who charged that Chen had “damaged the business reputation” of Zoomlion with his reports. The New Express initially kept quiet about the detention, hoping the matter could be resolved reasonably behind closed doors. Today’s front page editorial, with its acerbic and mocking tone, was apparently a measure taken by the newspaper as a last resort.
Police in Changsha formally announced the arrest of Chen Yongzhou on their official Sina Weibo account yesterday, October 22. The message read simply: “New Express reporter Chen [Yongzhou] was legally detained on October 19 on criminal charges of damaging commercial reputation. The case is now under further investigation.”
The comments directly below the Weibo announcement railed against the Changsha police. “The reporting activities of the New Express are a matter of corporate conduct, so why are you arresting an individual?” one user wrote. “Legal channels must be respected! This kind of thing makes people feel like local police networks truly are despotic!”
“How much money did Zoomlion pay you?” asked another user.

Changsha Police Weibo


For the moment, coverage of Chen Yongzhou’s arrest is appearing elsewhere on the internet, including on Xinhua News Agency’s website. The case is likely to be relatively non-sensitive so long as it is framed as a case of overbearing conduct by local authorities.
A quick translation of the New Express editorial follows:

Dear Readers, our reporter Chen Yongzhou (陈永洲) reported on financial problems at Zoomlion [a listed global construction machinery company http://en.zoomlion.com/english/about/index.html] and was taken into custody by the Changsha police outside their jurisdiction, accused of damaging business prestige. Over this matter, we must speak out . . .
Please Release Him
*Written by our newspaper’s commentator*
Imagine, you are a journalist, and you write some reports that are critical of a certain company. Then, one day, Uncle Policeman come and arrests you.
Don’t get over-excited. They have their reasons, after all. [They accuse you of] “damaging [the company’s] business reputation.” So can’t they investigate you for a few days, or for a few weeks?
Now, our New Express reporter Chen Yongzhou has the misfortune of becoming that poor soul.
We really want to come clean.
Because we have always believed that if we just go out and responsibly do our reporting, there won’t be any problem; and if by chance there are problems, we can print corrections in the newspaper, and apologise [for our errors]. And if things are really serious, we prepare for the courtroom — and if we lose, we pay compensation as it’s demanded. If [given such eventualities] we must close our doors, well then, that’s only what we deserve.
But the facts show that we have been too naive.
When, after three days and three nights [in custody], Chen Yongzhou finally got to see a lawyer, he said he could hold out for another 30 days — longer than that, he dare not say.
He tried to weep but there were no tears.
It must be said that we exercised extreme restraint in dealing with this attack [on our paper] — for five mornings last week, after he was taken away, we didn’t make a sound. Last Saturday, we said nothing. On Sunday, we said nothing. On Monday, we said nothing. Yesterday still, we said nothing.
Why? Because we thought all along that the safety of our lively colleague was the most important thing, and if we could get him back through forbearance and working under the table, this was worth it. We hope readers, and especially our colleagues [in journalism], will forgive us for these decisions, which were so unrighteous, which showed such lack of revolutionary dedication and courage. We were truly cowardly, selfish and shameful.
However, we have no regrets.
Because while the police are strapped with guns and are capable of force, and while Zoomlion pays a lot of taxes to the city of Changsha and has powerful backing, they are still our class brothers, and a disagreement is still a disagreement among the people (人民).
If we were given another opportunity, we would still say: Uncle Policeman, Big Brother Zoomlion, we beg of you, please set Chen Yongzhou free!
If we were given another chance to speak, we would also say:
We have diligently studied all 15 of the reports Chen Yongzhou wrote about Zoomlion, but could only find that we mistakenly wrote what should have been “advertising and entertainment fees of 513 million” as “advertising fees of 513 million.” If Brother Policeman can find any evidence of shabby reporting on our part, please make notice of it and we will gladly doff our hat. Because we still believe that — some day, at least — you will have the same full respect for the law that we have.
We would like to thank those four police officers who came from Changsha for keeping one eye closed, so that yesterday night Chen Yongzhou’s young wife, shaking with cold, could peacefully leave her own home.
We would also like to thank you for not employing your secret weapon to arrest another person you have set your eyes on, the head of our economic news desk. Just for the record, he really isn’t at home. For days, he hasn’t dared to return home. I’m not kidding.
Oh, and to Gao Hui (高辉), the esteemed assistant to the CEO of Zoomlion, we brought a case against you for infringement months ago [for verbally attacking Chen Yongzhou on Sina Weibo and releasing his personal information]. We hope you’ll give us a bit of face and acknowledge the case. We won’t make any sudden moves against you. We pay just a bit of tax every year, and our business is far short of the hundreds of millions [that Zoomlion does].
The Hunan native Zeng Guofan, [an official during the Qing dynasty], once wrote a couplet: “Two old bones can keep a vigorous mind and spirit alive (养活一团春意思,撑起二根穷骨头).” [NOTE: This phrase means, essentially, that you must have a bit of backbone].
Our newspaper may be small, but we have those two bones at least.

Below is an image of one of Chen Yongzhou’s “exclusive” reports about Zoomlion.

zoomlion


The original Chinese version of the piece, as posted to the New Express website, follows:

各位读者,我们的记者陈永洲报道了中联重科财务问题,然后他就被长沙警方跨省抓走了,罪名是涉嫌损害商业信誉。对此,我们要呐喊——
  请放人
  敝报虽小,穷骨头,还是有那么两根的
  ■本报评论员
  假如,你是个记者,写了些批评某公司的报道。有一天,警察叔叔把你抓了。
  请你不要激动。人家是有理由的——“涉嫌损害商业信誉罪”——关你几天、几十天,查查总可以吧?
  现在,我们新快报的记者陈永洲,不幸成为了那个倒霉的家伙。
  我们很想抽自己两耳光。
  因为我们一直以为,只要负责任地去做报道,就不会有问题;万一出现问题,我们登报更正,致歉;实在严重,对簿公堂,输了官司,该怎么赔就怎么赔,该关门就关门,那也是活该。
  但事实证明,我们太天真了。
  陈永洲在熬过三天三夜,终于见到律师时说,他可以熬个三十天,多了,就不敢说了。
  欲哭无泪。
  应该说,我们对这个突如其来的打击保持了极大的克制——上周五上午,人被带走了,我们没有吭声;上周六,我们没有吭声;星期天,我们没有吭声;星期一,我们没有吭声;昨天,我们还是没有吭声。
  因为,我们总是想,人的安全是第一位的,如果台底下的隐忍和努力能换回来一个活泼泼的同事,是值得的——请读者诸君尤其是同行们原谅,我们这样做,没有顾及公义,没有为革命而牺牲而献身的勇气,真的很懦弱,真的很自私,真的很可耻。
  但是,我们不后悔。
  因为警察叔叔虽然别着枪,很威武,中联重科虽然给长沙交了很多税,很强大,但毕竟都还是阶级弟兄,有矛盾也是人民内部矛盾嘛。
  如果上天再给我们一次机会,我们还是会说:警察叔叔,中联大哥,求求你,放了陈永洲吧!
  如果上天只给我们一个说话的机会,我们会说:
  我们认真核查过陈永洲对中联重科的所有的15篇批评报道中,仅有的谬误在于将“广告费及招待费5.13亿”错写成了“广告费5.13亿”。如果警察叔叔发现了敝报虽力尽而不能发掘之证据,敬请公示,我们一定脱帽致敬。因为我们仍然相信——至少会有那么几天吧——你们和我们一样,对法律具有完整之尊重。
  我们要谢谢长沙来的四个警察叔叔,是你们闭起一只眼,昨天夜里陈永洲瑟瑟发抖的幼妻才能从自己家里平安出走了。
  我们还要谢谢你们,没有动用高端大气上档次的秘密武器,把你们认定的可疑分子、经济中心主任一举抓获。顺便说一句,他真的不在家里,早几天就不敢回家了。真的。
  哦,还有高辉,敬爱的中联重科董事长助理,我们几个月前已经起诉你侵权了,希望你给点面子,应个诉啥的,我们不会突然把你拿下的——我们每年交的税很少的,营业额也远远没有几百亿。
  你们的老乡,湖南人曾国藩写过一个对联,“养活一团春意思,撑起二根穷骨头”。敝报虽小,穷骨头,还是有那么两根的。

CCTV anchor Bai Yansong at HKU

The China Media Project would like to invite anyone interested to attend a special talk tomorrow (Tuesday, October 22) by Bai Yansong (白岩松), a veteran news commentator for China Central Television.
We apologize for the short notice, but hope everyone is able to attend what should be a interesting talk and lively discussion.

bai


The Two Sides of China (中國的AB面)
By Bai Yansong, news commentator, anchor and journalist for China Central Television (CCTV)
The talk will be conducted in Putonghua
When: 22 October 2013 (Tuesday), 6:00pm-7:30pm
Where: Wang Gungwu Lecture Hall, Graduate House, HKU
Free admission
About the speaker:
As commentator for China Central Television’s “News 1+1” program and the host of its “News Week” program, Bai Yansong is a a noted broadcaster, known for his piercing insight into current affairs. A graduate of the Communication University of China, Bai has been with CCTV since 1993, when he got his start on the network’s “Oriental Horizon,” CCTV’s pionneering current affairs programme. He was born in Inner Mongolia in 1968.