Preface to "The Age of Warm Words", a volume of editorials from Southern Metropolis Daily [CHINESE]

In his preface, He Xuefeng explores the origins and shape of China’s burgeoning interest in editorial writing, specifically the trend of current affairs editorial writing at major newspapers across the country. His preface begins: At the dawn of this new century, Southern Metropolis Daily’s inception and continued expansion of its commentary section was a sign of things to come. Newspapers all over the country then vied to create their own commentary sections, which precipitated all at once what has been called China’s third “wave of current affairs commentary.” The mushrooming of these editorial sections is doubtless a bright spot in the development of Chinese media. Moreover, the unflagging participation of Web users and the public [in this process] and new alliances between newspapers and public intellectuals demonstrates that Chinese society yearns for and is capable of expression, so that some have talked of the arrival of an “age of citizen writing” to describe this phenomenon.
So, what are the characteristics of this “age of citizen writing”? What is its relationship to the rise and popularity of the current affairs editorial? And what will its impact be on China’s future? [LINK HERE]

Sun Xupei: The Making of Press Law in China [CHINESE]

中国的新闻立法
孙旭培
1 我国新闻立法的进程
1.1 人大、政协代表吁请制定新闻法
新闻要立法的舆论,兴起于党的十一届三中全会以后,新闻事业在“文革”
中遭受大灾大难,“文革”后新闻工作者大彻大悟。包括新闻工作者在内的社会各界认识到制定新闻法以加强社会主义民主与法制、保证宪法规定的公民言论、出版自由的重要性。
从1957年到1965年,中国新闻事业成为越来越“左”的阶级斗争工具和政治的工具,为反“右”派、大跃进、浮夸风等错误路线和现象推波助澜。而清醒和有良知的新闻工作者无力回天。在“文革”期间,新闻事业彻底沦为林彪、“四人帮”的人治工具。在文革这一浩劫中,新闻媒介为祸甚烈,成为新闻事业本身大灾大难的十年。党和人民的意志无法得到公开、正常的表达。基于对文革的反思和对国外新闻法制的借鉴,新闻改革和新闻立法的呼声响起。新闻立法的舆论逐步形成。
早在1980年五届人大三次会议、五届政协三次会议期间,来自新闻界的一些代表和委员,如赵超构、李子诵、李纯青、苏新等,就制定新闻出版法和保障公民言论、出版自由等问题发言,发表于当时的报刊上。
在1983年召开的六届人大一次会议上,黑龙江代表王化成、王士贞提交书面建议,“建议在条件成熟时制定中华人民共和国新闻法,……以促使新闻工作更好、更健康地发展,担负起全面反映和促进社会主义现代化建设的光荣任务。”湖北代表纪卓如建议制定新闻法,一方面在党的领导下保证新闻采访自由,另一方面限制某些新闻工作者滥用新闻自由。在此届人大和政协二次会议的分组会议上,部分代表和委员就新闻立法问题作了相关发言。政协委员赵超构呼吁建立一部新闻出版法,明确新闻出版的权利、职责、义务;吉林代表于彦夫认为没有新闻法对诽谤他人的行为作为定罪的法律依据,解决不了某些报刊报道严重失实的问题;政协委员范荣康认为对新闻界以及言论可以有前提地给予一定的“松绑”;政协委员刘尊棋主张在四项基本原则和宪法的框架内对强调宣传口径问题放松一些,等。
自此以后,在历届人大和政协会议上,都有相当多的代表和委员提出制定新闻法,保障新闻出版自由的议案或建议。
1.2 中央领导的相关批示
制定新闻法、保障新闻自由的呼声日高,全国人大法制工作委员会于六届人
大一次会议期间将相关建议转给中央宣传部。中央宣传部新闻局约请全国人大法制工作委员会和教科文卫委员会的一些领导同志,共同商议着手筹备制定新闻法的有关事宜,并达成一致同意立即着手制定新闻法的意见。
1984年元月3日,中宣部新闻局就共同商议的意见,向邓立群和胡乔木提出《关于着手制定新闻法的请示报告》。报告指出:“从新闻工作实际情况看,制定一部新闻法也是十分必要的。”“现在记者和人民群众利用新闻手段发表意见、开展批评的权利有时得不到保障;某些新闻报道有诬陷、诽谤他人的情况,或因报道失实损害他人的名誉、利益;报道中泄露党和国家机密的事件时有发生;有些报刊有违背宪法和法律以及损害党和国家利益的宣传;等等。同时,随着国际交流的发展,外国记者在华活动及国外新闻品的散发、传播也存在不少问题。”报告还对立法的具体操作作了一些建议。
1月16日,胡乔木批示同意这个报告。
1月17日,中宣部新闻局将报告送呈全国人大委员长彭真,彭真很快作了批示:同意。
1.3 新闻法研究室的研究和起草活动
胡绩伟全面主持新闻立法工作后,1984年5月12日,首都新闻学会召开理事会,宣布成立由全国人大教科文卫委员会同社会科学院新闻研究所共同组织的“新闻法研究室”。由所长商凯兼任新闻法研究室主任,副所长孙旭培任副主任(后由孙旭培任新闻所所长、新闻法研究室主任)。从8月10日起,研究室开始出版不定期的内部刊物《新闻法通讯》(一直持续到1998年11月,共出21期),便于推动全国更广泛地征求意见和搜集材料。
研究室的工作是具有开创性的。初期主要有以下四个方面:一,搜集全国人大和全国政协历次会上关于新闻立法的提案和发言;二,搜集我国新闻界、知识界和各方面有关新闻立法的文章和材料;三,收集我国历史上新闻法规的文章和世界各国新闻法的文本(没有中文本的则请人翻译);四,关于新闻自由和新闻立法的理论阐明。除按人大教科文卫委员会的要求为起草《新闻法》进行调查研究工作外,《新闻法通讯》收录了新闻法学开创初期的一批论作和其他成果、资料,具有很高的文献价值。继《各国新闻出版法选辑》之后,研究室又出版了《各国新闻出版法选辑》(续编),两本书共收录外国和香港地区的新闻法规30余件,对非成文法国家或没有专门新闻法的国家如美国、英国、日本、苏联等国的新闻法制,也有专文编译介绍。研究室成员在研究过程中还在其他出版物上发表了若干有一定影响的论作。
研究室的研究主要配合起草新闻法开展,受到普遍关注,带有群众性的特点。研究室组织了较大规模的群众性讨论如: 1985年1月和3月,全国人大教科文卫委员会副主任胡绩伟率人先后在上海、广州、成都、重庆和深圳(约见香港新闻界人士)等地召开新闻法座谈会;1989年1月,新闻法起草小组派员携《新闻法(征求意见稿)》到上海听取意见,与上海新闻界讨论了三天。这类讨论为学术研究提供了有益的启示和有用的思想资料
1.4 有关方面领导在立法指导思想上的分歧和起草权的更迭
新闻法起草工作一开始,新闻法研究室所进行的关于新闻法的许多讨论和意见,同当时分管新闻工作的书记处书记胡乔木产生了冲突和分歧。概括起来,其间的分歧大致如下:
其一,对制定新闻法的指导思想,前者认为是保护新闻自由,后者则认为是加强党对新闻工作的领导。
其二,前者认为新闻法是为全国人民制定的,是为全国人民争取言论出版自由,新闻工作者要遵守,新闻工作的领导机关和领导者也要遵守;后者则认为应该强调新闻工作者自我约束,加强道德自律,应该加强党对新闻工作和新闻工作者的管理。
其三,前者主张“报刊的创办也可以由自然人进行”(见于新闻法室起草的新闻法草案),后者坚决反对。
其四,前者反对任何形式的新闻检查制度(战争和国家总动员时期除外),后者则认为报纸的重要稿件,理所当然地要送党委审查。
其五,前者强调舆论监督,后者则强调监督舆论。等等。
1985年11月22日,新闻法研究所的起草工作进行得紧张热烈的时候,社科院忽然接到胡乔木转达的命令,“新闻所不再设立新闻法研究室”、取消起草新闻法的任务。通过相关斡旋,新闻法研究室没有被取消,起草工作也继续进行。
到1987年1月,国务院新闻出版署成立,胡乔木在确定新闻出版署任务时,指示新闻署正式宣布:“新闻出版署的主要任务是起草关于新闻、出版的法律、法令和规章制度……”。而在人大教科文卫委员会内部,在几次讨论中,不赞成交出起草权的意见属于少数;讨论还最终确定委员会对新闻立法只进行研究,不负责起草。新闻法研究室也名存实亡。
1.5 三个草案的形成和新闻立法进程实际上的中止
三个新闻法草案面世:新闻法研究室所拟的《中华人民共和国新闻法》(草案);上海的新闻法起草小组拿出过《上海市关于新闻工作的若干规定》(征求意见稿);新闻出版署起草的《中华人民共和国新闻出版法》(送审稿)。1987年7月10日新闻出版署将草案送到国务院请求审查。
1988年七届人大和政协召开全体会议期间,新闻研究所和首都新闻学会从4月到9月,就新闻改革和新闻立法问题对1542名代表和472名委员进行了调查和分析,被调查的代表和委员中,绝大多数表示希望尽快进行新闻改革和制定出新闻法,而且肯定我国的新闻法应当是社会主义新闻自由的保护法。
1989年的政治风波以后,由于种种原因,新闻法研究室的工作渐趋停止:新闻法室被并入其他研究室,而课题没有;主持新闻立法的胡绩伟在人大的职务被罢免;中国新闻学会联合会在社团整顿中未获登记。到1994年,负责研究和起草新闻法的主角孙旭培不再担任新闻研究所所长。
此后,新闻法的制定进入八届人大常委会的立法规划;新闻出版署公布的2010年工作规划中,将新闻法和出版法的立法工作列入其中;在学界,学者们多是局限于微观地就事论事。
1997年中国制定了一些条例,如《出版管理条例》、《广播电视管理条例》、《印刷业管理条例》等,这些条例都回避了新闻自由权利,旨在加强管理。这使得官方关心的内容都法制化了,立法变得更没有迫切性了。
2 我国与新闻传播相关的法律、法规的现状分析
中国目前还没有一部专门的《新闻法》来对新闻传播活动进行法治,但这不意味着我国新闻业不受法制的规范和调整。从广义上来说,“新闻法制是统治阶级按照自己的利益与意志,通过政权机关建立起来的,用以调节新闻传播各方面关系和调控新闻传媒的法律制度。”(19)这样看来,我国与新闻传播相关的法律、法规不算少。
2.1宪法
《宪法》第二十二条规定了中国新闻事业的性质、任务和作用:“国家发
展为人民服务、为社会主义服务的文学艺术事业、新闻广播电视事业、出版发行事业……” 第三十五条规定,“中华人民共和国公民有言论、出版、集会、结社、游行、示威的自由。” 第四十一条规定,“中华人民共和国公民对于任何国家机关和国家工作人员有提出批评和建议的权利。” 第四十七条规定,“中华人民共和国公民有进行科学研究、文学艺术创作和其他文化活动的自由。” 另外,《宪法》第三十八条、第五十三条对诽谤、保密等做出规定:“禁止用任何方式对公民进行侮辱、诽谤和诬告陷害”,“中华人民共和国公民必须保守国家秘密”。
2.2法律
根据《宪法》这一母法,我国其他一些法律对新闻传播活动也做出了相应的规定。我国现行法制中三组最重要的基本法律:《刑法》(1979年通过,1997年修订)和《刑事诉讼法》(1979通过,1996年修正)、《民法通则》(1986年)和《民事诉讼法》(1991年)、《行政诉讼法》(1989年)和《行政处罚法》(1996年),同新闻活动都有十分密切的关系。如,《刑法》规定,“以造谣、诽谤或者其它方式煽动颠覆国家政权,推翻社会主义制度的”,“为境外的机构、组织、人员窃取、刺探、收卖、非法提供国家秘密或者情报者”,构成“危害国家安全罪”。“严禁用任何方法、手段诬告陷害干部群众”,禁止“公然侮辱他人或者捏造事实诽谤他人”。《民法通则》规定:“公民、法人享有名誉权,公民的人格尊严受法律保护,禁止用侮辱、诽谤等方式损害公民、法人的名誉”。《保守国家秘密法》(1988年5月施行)对国家秘密的范围,保密制度和泄密的法律责任作了完整的规定。
另外,我国所制定的许多法律都同新闻活动有不同程度的关系,如《统计法》、《档案法》、《保守国家秘密法》、《消费者权益保护法》、《国家安全生产法》、等等不一而足。
2.3 行政法规
过去国务院根据宪法和法律制定的与规范新闻活动有关的专门的行政法规为数不多。1985年的《关于严禁淫秽物品的规定》、1987年的《关于严历打击非法出版物的通知》、1990年的《外国记者和外国常驻新闻机构管理条例》和1994的《卫星电视广播地面接收设施管理规定》,是几个比较重要的行政法规。在此以后,国务院加紧制定发布了一些管理大众传播媒介的行政法规,如《音像制品管理条例》(1994年)、《电影管理条例》(1996年)、《出版管理条例》(1997年)、《印刷业管理条例》(1997年)、《广播电视管理条例》(1997年)。这些行政法规几乎涵盖了所有大众传播媒介的管理。
2.4 行政规章
国务院所属部委根据法律和国务院的行政法规、决定、命令,在部委的权限内按照规定程序也制定一系列的规定、办法、实施细则、规则等规范性文件来规范新闻传播活动。如新闻出版署于1988年发布《期刊管理暂行规定》和《关于认定淫秽及色情出版物的暂行规定》,并与国家工商行政管理局联合发布《关于报社、期刊社、出版社开展有偿服务和经营活动的暂行办法》,于1989年发布《关于部分应取缔出版物认定标准的暂行规定》,于1990年发布《报纸管理暂行规定》,于1996年发布《关于广播电台电视台设立审批管理办法》;国家保密局、中央对外宣传小组、新闻出版署、广播电影电视部1992年联合发布《新闻出版保密规定》;公安部与新闻出版署于1993年联合发布《关于鉴定淫秽录像带、淫秽图片有关问题的通知》;中共中央宣传部与新闻出版署1993年联合发布《关于加强新闻队伍职业道德建设,禁止“有偿新闻”的通知》;中宣部、广电部、新闻出版署等1997年发布《关于禁止有偿新闻的若干规定》,等等。
2.5 地方性法规
各地方根据行政区域的具体情况和实际需要,在不同宪法、法律、行政法规相抵触的前提下也制定了一些规范性文件,同新闻传播活动直接或间接相关。如河北省1996年通过的《河北省新闻工作管理条例》,云南省1989年发布的《云南省出版条例》,上海市1989年制定、1997年修改的《上海市图书报刊管理条例》,北京市1990年的《北京市图书报刊音像市场管理条例》,山西省1995年的《山西省广播电视管理条例》,新疆1995年的《新疆维吾尔自治区广播电视管理条例》安徽省1996年的《安徽省图书报刊出版管理条例》,贵州省1996年《贵州省广播电视管理条例》以及后来珠海市委制定并向全社会公布的《珠海市新闻舆论监督办法(试行)》等。
2.6 共产党的方针政策
共产党对新闻工作的方针政策,是由中共中央制定的或者中共中央宣传部制定的对党的新闻事业的一种规范,从革命战争年代延续到现在。如中共中央《关于当前报刊新闻广播宣传方针的决定》(1981、1、29),中共中央宣传部《关于新闻报道工作的几点规定》(1988、2、6),这些可称为新闻政策,或宣传纪律,以惯例的方式发挥作用。党的新闻政策有许多广为人知的内容,如“报纸不得批评同级党委”、“正面宣传为主”“以社会效益为最高效益”以及重大事件统一的宣传口径等等。它们称不上法,但实际上,比法律的效力更高。
3 我国新闻立法的必要性分析
3.1 新闻法治保障和促进社会主义民主建设
中共十五大提出了“依法治国, 建设社会主义法治国家”的治国方略, 宪法修正案第十三条又把这一治国方略规定下来。这一方略一方面意味着新闻工作要充分发挥自身的优势,服从服务于这一治国方略的实现,另一方面,在我国的法制体系中要逐步健全新闻法制,来促进社会主义民主的制度化、法律化。
新闻媒体的发展水平和自由程度是衡量一个社会进步的标志之一。而“哪里没有法律,哪里就没有自由”,加强新闻法制的研究不仅是新闻传播事业的需要,也是社会主义民主与法制建设的迫切需要。新闻与法制同为社会的监督工具,两者之间存在着相互依赖、不可分割的必然联系。新闻传播活动对法制起着宣传和督导作用;法制则对新闻传播活动起着规范制约作用。任何一个民主的社会,必定是一个法制社会,而在民主与法制健全的社会从事新闻传播活动则必须受到法律的保障并接受法制的约束。
3.2 签署国际公约带来的压力
1998年10月,中国常驻联合国代表秦华孙大使在联合国总部代表我国政府签署了《公民权利和政治权利国际公约》(以下简称《公约》)。《公约》由序言和六个部分组成,其核心是第三部分,它列举了缔约国应当采取措施在本国加以实施的各项公民权利和政治权利,诸如生命权、人身自由和安全、法律和法庭面前平等权、隐私权、思想和宗教信仰自由、发表意见自由、结社和和平集会权等。
《公约》是一项对缔约国具有法律约束力的国际公约,加入公约的国家必须承担履行公约规定的义务,即缔约国必须“尊重和保证在其领土内和受其管辖的一切个人享有本公约所承认的权利”(《公约》第2条第1款);对“凡未经现行立法或其他措施予以规定者,本公约每一缔约国承担按照宪法程序和本公约的规定采取必要步骤,以采纳为实施本公约所承认的权利所需的立法或其他措施”(第2条第2款);同时,在任何人根据公约享有的权利受到侵犯的情况下,应保证他们得到立法、司法或行政措施的救济。
针对公约规定的上述权利和义务,中国的新闻法制体系在指导思想和内容上必将受到冲击和影响。
我国新闻法规多是进行囿于当下现实的、跟进式的调控,而没有前瞻性的观念以充分估计和科学预测未来新闻传播行为和新闻传播关系中的各种可能性,从而提高新闻法制的合理性和法制内容的稳定性。这就要求我们以国际惯例为参考系,尽早确立权利和义务相平衡、又以授权为主的新闻法制指导思想,以全面调整新闻关系,使表达自由和出版自由在现实国情允许的范围内达到充分的现实化。
另外,《公约》对我国新闻法制的内容具有更大的冲击力。第19条规定:“人人有权持有主张,不受干涉”,“人人有自由发表意见的权利,此项权利包括寻求、接受和传递各种消息和思想的自由,而不论国界,也不论口头的、书写的、印刷的采取艺术形式的或通过他所选择的任何媒介”。尽管在我国宪法及其他专门法中已有一些规定,但有些内容还是有相当差别。而且,宪法作为母法是普遍的、原则性的规定,其相关的具体内容只有体现在专门的新闻法中才是清晰的、可操作的。因此,要贯彻宪法精神和落实《公约》义务,在新闻法制上必须以专门法的形式用具体的条款体现出来。
今年9月中国表示,中国将批准《公民权利和政治权利公约》。
总之,《公约》的签署,使我国新闻法制被动地面临着在指导思想和内容上作适当调整、兼顾我国特殊性和与国际惯例衔接的压力。
3.3 WTO规则之于新闻法制的压力
2001年底,中国加入世界贸易组织(WTO),预示着中国的经济结构和社会生活将会发生深刻而全面的变革。作为开放的市场的一部分, 我国的新闻传播事业也会受到前所未有的冲击。根据有关规定,我国已开放发行业、广告业。网络业也已开放,并对内容供应商开放。外资也在进入中国媒体的经营部门。
从相关法律文件规定的原则和责任看,这种挑战的压力主要来自三个方面: 西方同行与我争夺新闻信息、媒介市场、广告、人才、资本等新闻传播资源;冲击我国现行新闻监管手段及法规政策;要求目前流行的新闻传播观念作相应的改换和更新。先前的新闻法制、传播模式、宣传定式要做相应调整与改变(当然它不是“推倒重来”)以适应传播全球化的整体趋势:当今世界上的大多数发达国家,新闻媒体的创办自由、采访自由、表达自由、经营自由和传播自由作为制度性的权利,得到了各国宪法和法律的确定和保护。“用新闻法取代新闻政策,用法律来管理新闻事业毕竟是世界的也是历史的大趋势”,而我国以控制为主的新闻法制体制表现出的结构性缺陷,严重妨碍了我国新闻业在实际运作中从法律中得到公正、有效的保障;执法主体的“条块分割”以及在此体制下媒体表现出过于具有政治意识形态性的官方色彩,不利于我国新闻体系在全球体系中的纵横捭阖。
3.4 舆论监督难
舆论监督难,在中国是个不争的事实。舆论监督是宪政制度下公民和新闻媒
体自觉行使的一种民主权利,目前这些权利难以落实的原因很多,但主要还是法制缺位造成的。
有关新闻舆论监督的法律法规不健全。对媒体和新闻工作者而言,“最有效的保护手段莫过于具体的、操作性强的相关法律法规”),新闻舆论监督得以有效开展的前提也是法律的强有力保护。目前我国的新闻舆论监督没有以立法的形式得到保护,每当侵权诉讼发生,大多援用《民法通则》的一些条款,这使得媒体和新闻工作者在一些新闻侵权诉讼中常常显得被动。同时,由于随意性大,也增加了法院审理的难度。
稿件采写难。若写表扬稿,皆大欢喜,一路绿灯;而写批评稿却处境艰难,动辄被人以“无可奉告”拒之千里。舆论监督的指向多是社会丑恶现象,故媒体和新闻源提供者都要承担一定的风险,稿件采写过程中寻找证人难,核对事实也难。尤其当稿件涉及司法腐败、当政权贵时,举报者害怕招致打击报复,一般都不愿透露姓名,在此情况下,一旦诉诸法庭,记者无法提供确凿的新闻来源,在诉讼中必然处于被动地位。
地方保护主义严重。一些单位和个人错误地认为新闻媒体揭露阴暗面就是给自己脸上抹黑,是跟本地区和本部门过不去,因此想尽办法阻挠舆论监督的实施。当舆论监督与本人、本地区不发生利害冲突时,大家举双手赞成舆论监督;一旦与本地区、本部门的利益相关,当事人往往以安定团结、稳定大局为借口,给舆论监督设置障碍。在这种情况下,跨地区监督成为一种权宜之计,其根源还是我国的舆论监督法制的不健全。地方保护这种大环境得不到改善,开展舆论监督就困难重重。
4 新闻法草案的几项主要内容
新闻出版署的新闻法起草小组起草的《中华人民共和国新闻出版法》(征求意见稿)(以下简称“草案”)共8章,58条。章目依次为:总则,新闻机构,新闻工作者,新闻的发表,外国驻华机构与外国来华记者,新闻业的管理,法律责任,附则。
新闻法的功能在于调整新闻媒体与国家、社会和公民之间的关系。在这部草案中,这三组关系最直接的体现,是其中涉及到的关于新闻机构的设立、新闻工作者的权利、新闻的发表和国家采取何种模式对新闻事业进行管理的相应规定,以及对管理机构以何种惩戒措施来保障这种法律规定的有效性的规定。因此,本部分将依次从这五个方面展开评述并作出总体性评价。
4.1 关于新闻机构的设立
关于谁可以创办新闻机构的问题,“草案”第九条规定:“创办新闻报社、新闻期刊社、新闻图片社的审批注册和出版行政管理,适用《中华人民共和国出版法》。”第十条规定:“通讯社、广播电视、新闻电影制片厂由国家创办。”由于我国各项出版法规、条例中对出版单位应具备的资格条件进行认定时,都无一例外地规定要有符合国务院出版行政部门认定的主办单位及主管机关,所以实质上,草案第九条、第十条合在一起就是“各新闻机构由国家创办” ,它也就事实上从法律角度排除了公民团体和自然人创办媒体的可能性。反观另两个草案,上海版本主张的是“政党、政府机构、人民团体以及其他法人都可以申请出版报刊”,新闻法研究室版本主张的是“新闻机关的创办,由国家机关、事业企业组织,以及公民团体进行。报纸、期刊的创办也可由自然人进行”,实质上是主张从法律角度肯定公民办报的权利。
之所以出现这两种主张的对立,笔者认为,其原因恐怕首先出在对宪法精神的理解不同上。《宪法》规定“国家发展为人民服务、为社会主义服务的文学艺术事业、新闻广播电视事业、出版发行事业……” ,其中,“国家发展”应理解为国家有这种义务,而不应理解为对包括公民团体和自然人在内的其他主体的排斥性限定。而且,宪法确立的公民言论自由权利反映在新闻活动中,也不应该只指通过向国家创办的媒体投稿来实现。这好比让人说话就应该有自己的嘴巴一样。
4.2 关于新闻工作者的权利
对于新闻工作者的一些基本权利,如采访权、发表权、评论权、批评权等,
“草案”没有以明确的法律用语来加以界定,只是在第二章十八条列举了一些可能的采访对象和规定新闻工作者在人身等合法权益受到侵害时“有权请求有关国家机关予以排除”和制止,以及工作需要时在交通、通讯、住宿等方面的优先待遇。随后的第十九条对相关义务的规定则相对要具体全面得多。总体看来,“草案”显现出了对新闻工作者权利规定的笼统、不全面和与义务的不平衡。
“草案”在这个部分还有一个关键性问题。第十八条第一款首先规定了新闻工作者“在法律和政策的允许范围内采集和传播新闻”,新闻法这种专门法与相关法规、政策、方针乃至指示又拉回到了同一法律效力水平上,等于它们同时在起作用,具体问题的冲突、偏差不可避免。
4.3 关于新闻的发表
对于新闻的发表,草案第二十条前半部分规定,“新闻机构依法独立进行新闻活动,对发表的新闻负责。”这个规定是值得称道的,它体现了“记者对新闻事实负责,新闻机构对法律负责”的原则,符合新闻传播活动的规律。而紧跟着的后半部分规定“发表有关的重要新闻,应征询有关主管部门的意见;发表公民未曾公开发表过的重要谈话,不得拒绝谈话人审检的要求”,则是对前者的消解。首先, “重要新闻”的内涵和外延在整个草案及相关补充说明中都没有界定,极有可能留下根据相关人士个人性标准来加以判断的漏洞,况且,“征询”的结果也是不得而知的。其次,公民审检自己未发表过的相关谈话内容这一规定,在实际操作中容易成为某些机构和人士进行新闻审查的委婉语,为各种形式的人为的事前检查留下空间。
在禁止发表和传播的内容方面,“草案”的第二十四条列举了从煽动推翻党和国家政府的内容到淫秽色情等不健康的内容,共九款。
4.4 关于新闻事业的管理
从“草案”规定的对新闻事业管理的实施主体来看,它确立的是一种三级管理的模式:第一级,“国务院新闻行政管理部门主管全国新闻事业”(第三十六条),行使相关职权;第二级,“县级以上各级地方人民政府设立新闻行政管理机关,依法管理本地区的新闻事业”(第三十七条);第三级,中华全国新闻工作者协会(简称中国记协)“组织和团结新闻工作者遵守中华人民共和国宪法和法律;维护新闻工作者的合法权益;提倡新闻工作者自律,遵守新闻工作者的职业道德准则;……”(第三十九条)“新闻仲裁委员会”仲裁已向法院起诉的新闻纠纷之外的新闻机构(新闻工作者)与被报道者、新闻提供者之间发生的纠纷以及因报道新闻发生的纠纷和新闻行政管理部门移送的其他纠纷(第四十条)。
5 妨碍新闻立法的种种顾虑
不难得出这样的结论,新闻立法的进展被大大延缓,原因在于有些同志对新闻立法有顾虑。,在1994年的一次全国新闻教育会议上,一位当年还在做新闻宣传领导工作的同志说,新闻立法对党和国家不利。西方国家也不是都有新闻法嘛。苏联东欧搞新闻法,搞得国家一片混乱。在另外场合他还说过,搞新闻法,还要宣传部干什么。需要指出的是,这些看法中,有一些是有一定的代表性的。所以值得拿出来分析一下,看看这些看法是否符合实际,是否真有道理。
一是“西方国家也不是都是有新闻法”。这个说法似是而非,更不能用来证明中国不需要新闻法。英美属于普通法系国家,以不成文的判例法形式为主要的法律存在形式,法院判决一个新闻官司的判决词所表述的理由、原则,往往成为以后类似的官司所引用的法律条文。但即使这样的国家,成文法也在增加。1966年美国制定的《信息自由法案》、1976年的《阳光普照法案》,都是与新闻、信息有关的成文法。法、德等大陆法系国家,法律则以成文的法典形式存在,所以它们都有专门的新闻法、广播电视法等。更重要的是,英美虽然没有成文的新闻法,但他们都是新闻法治国家。它首先确定新闻是自由的,不受权力机关干预,然后以判例法和各种成文法中的有关条款,来限制和禁止对新闻自由的滥用。我国是有成文法传统的国家,审理任何案例都要引用成文的法律、法令的条文,不引用以往的判例(判例只在司法实践中起参考作用)。所以中国新闻要走向法治,就必需制定专门的、系统的新闻法。
二是“苏联、东欧搞新闻法,搞得国家一片混乱”。这是完全不符合事实的。先说苏联。戈尔巴乔夫自1985年起就大讲公开性,并在1986年召开的二十七大政治报告中,把“扩大公开性”提高到“原则性的问题”、“政治问题”。他提出,“我们应该更好地利用直接民主的下列可靠渠道,例如:公民集会、选民的委托、劳动人民的来信、报刊、广播、电视,表达舆论、迅速而敏感地反映群众要求和情绪的一切工具。”
俄国的博尔金在其谈到苏联剧变的著作中写道:“从1987年1月起,开始了斗争的新阶段——将民主原则推广到生活的各个领域。许多人认为,重要的不是工作,不是追求劳动生产率的提高,而是争取个人和社会自由。公开性使人感到兴奋—-没有多久,人们几乎是为所欲为了,这种无限制的民主就连西方有关专家都感到吃惊—-党放开手脚搞无限的公开性,无限制地批评自己过去和现在的错误。”从1989年起,“从前党施加影响的完整体系被打破了。高楼倾斜,开始倒塌。”
戈尔巴乔夫用搞政治运动的方式来搞公开性,实际上是在长时间地、集中地鼓吹一切公开,把新闻媒介引向了毫无法度的境界。苏联70多年一直没有制定过新闻法,在局面不可收拾的情况下,才于1990年6月12日颁布《苏联新闻出版法》。可是这时候什么法也无济于事了,几个月后苏联宣告解体。由此可见,说“苏联搞新闻法,搞得国家一片混乱”,与事实不符。正是因为无限制地搞公开性,而没有新闻法,“搞得国家一片混乱”。
至于东欧国家,情况各不一样。捷克斯洛伐克是在剧变前24年就颁布了新闻法(1996),罗马尼亚是剧变前18年颁布了新闻法(1974),而阿尔巴尼亚、保加利亚在剧变前就没有进行过新闻立法。但它们都跟苏联一起发生了巨变。
三是新闻立法会削弱党对新闻事业的领导。这个说法颇能抓住一些人,但实际上经不起推敲。把中国全面推向法治,是共产党的奋斗目标之一。而且立法是在党的领导下进行的,把符合国情和新闻规律的认识和做法凝结在新闻法中,这本身就体现了党的领导作用。新闻立法完成之后,切实保证新闻法的实施,党及其宣传部门也有许多工作要做。至于实行法治时,党对新闻的具体事务不管或少管,这是无碍大局的,是正常的,本来就是新闻法治要达到的目标之一。
此外,党在思想政治上的引导作用,仍然会构成全国媒介的精神中心。特别是党组织和它的宣传部门,在遵守新闻法的前提下对党的机关报作出更严格的要求,乃是顺理成章的事;机关报服从机关也是天经地义的事,何来“还要宣传部干什么”的疑问(当然也要避免干预过多、过细)。
至于党对党的机关报以外的媒介,在新闻法治的条件下发挥影响,最常见的形式可能是,经常就某些重要问题介绍请情况、提供信息、提出希望和建议。我们社会主义国家具有集中统一的体制与传统,我国社会的儒家文化背景又特别重视国家利益和整体利益。既有法律在前,以有党的部门希望、建议在后,新闻媒介当鲜有违背者。总之,党的领导与新闻法治是完全能够统一的。
无庸讳言,实行新闻法后,由于法律具有确定性、稳定性,不像党政机关指示的随机性,所以新闻的自由度会有所提高。但这是在法律范围内的自由,只要严格依法、执法,就不会达到破坏性的程度,而使这种自由度控制在建设性范围之内。
6 新闻立法的难点
新闻法一时搞不出来,也确有许多深层次的难点。1989年2月24日,上海《新闻记者》杂志社等单位,邀请十位在上海的专家学者和参加新闻工作的人士探讨新闻立法,结果冒雨前来参加的社会各界人士有数百人之多。有人在那个研讨会上把新闻立法的进展情况归纳为三句话,“起草有年,文稿有三,难点有九”。其中被概括出的难点集中在以下九个方面:(1)新闻法是早出台还是晚出台?(2)强调立足现实还是根据形势的发展,制定适度超前的新闻法?
(3)是否允许公民和法人参与创办新闻媒介?(4)怎样保障新闻自由?(5)如何用法的形式界定新闻的功能?(6)怎样开展对政要和政府部门的舆论监督?(7)新闻侵权的法律责任如何确定?(8)是否建立侵权纠纷的仲裁制度?(9)新闻工作者的自律和职业道德是否应在法律上有所规定?
在我看来,新闻立法的真正难点是三个:
一、新闻自由应该规定哪些实质性内容?没有此种表述,新闻法中的“新闻自由”会像宪法中的“言论、出版自由”那样,无法界定,也没有操作性。在其实质内容中,能否包括新闻不受法律规定以外的权力的干预。
二、舆论监督应该规定哪些实质性内容?其内容中能否包括媒介可以批评一切违背宪法和法律的人和事。
三、新闻法应该规定谁可以创办传媒?面对全部媒介国家化的情况,现在提出的问题是,公民和法人能否参与创办传媒?目前的新闻法草案被要求不涉及创办传媒,而由出版法去规定。这样的新闻法显然是不完善的;而出版法草案,则规定要创办传媒须有主办单位和主管单位。
但是,只要我们按照既维护新闻自由,又有利于国家的稳定和发展的方针,认真研究,权衡利弊,制定对策,上述这些难点都是能够找到响应的解决办法的。
1997年4月,国家新闻出版署公布了《新闻出版业2000年及2010年发展规划》,提出“积极推进新闻出版的法制建设,要加快立法工作,加强依法管理,加大执法监督的力度。到2010年新闻出版法制建设要建立以《出版法》、《新闻法》和《著作权法》为主体及与其配套的新闻出版法规体系。”(注5)看到“要加快立法工作”,觉得令人鼓舞。只是盼望新闻法、出版法到2001年就能颁布实行,而不至于挨到2010年。
7 对新闻传播事业单项立法之努力
在专门性新闻法缺省的情况下,我国一些地方根据当地实际情况作了一些针对新闻工作的专门性立法,有关部委也根据现实情况作了一些单项立法或对原有的法律、法规进行调整,以更好地适应新的发展形势。虽然这些法律法规还是存在着法律效率不高、普适性不强等这样那样的问题,但它们仍然不失为解决当前因新闻法缺省而造成的各种问题的一种救济途径
7.1 针对舆论监督的立法保护
7.1.1 《消费者权益保护法》、《国家安全生产法》
1993年10月31日,第八届全国人民代表大会常务委员会第四次会议通过(1994年1月1日起实行)了《中华人民共和国消费者权益保护法》。该法第六条规定,“大众传播媒介应当做好维护消费者合法权益的宣传,对损害消费者合法权益的行为进行舆论监督。”——在这部原本针对消费者的权益进行保障的专门性法律中,由于第一次正式以法律条文的形式确认了“舆论监督”的概念而格外显得意义重大。同时,该法第十五条规定,“消费者享有对商品和服务以及保护消费者权益工作进行监督的权利。消费者有权检举、控告侵害消费者权益的行为和国家机关及其工作人员在保护消费者权益工作中的违法失职行为,有权对保护消费者权益工作提出批评、建议。”这样,我国由法律所界定和授权的舆论监督,首先在商品销售和服务领域得以实践,它也必将逐渐拓展到更为广阔的领域。
另外一部与舆论监督密切相关的全国性法律,是2002年6月29日全国人大常委会第二十八次会议审议通过(2002年11月1日起实行)的《中华人民共和国安全生产法》。该法第六十七条规定,“新闻、出版、广播、电影、电视等单位有进行安全生产宣传教育的义务,有对违反安全生产法律、法规的行为进行舆论监督的权利。”对于生产安全事故的汇报义务,该法第十七条、第七十条及第七十一条都做了相关规定,各级负责人员必须“及时”(政策法规司的司法解释是“24小时内”)、“如实”地上报,不得隐瞒不报、谎报或者拖延不报;同时,第七十六条规定,“县级以上地方各级人民政府负责安全生产监督管理的部门应当定期统计分析本行政区域内发生生产安全事故的情况,并定期向社会公布。”第九十一条、第九十二条还对违法人员和部门的惩罚措施也进行了明确规定。由于生产安全问题是舆论监督中的一个重要内容,这个法的颁布和实施,无疑在更大程度上给舆论监督进行了立法授权。从后来的舆论监督实践来看,该法具有的积极作用非常明显。
7.2 对知晓权的立法保护
7.2.1 政府信息公开和新闻发言人制度
2003年1月,广州市在全国率先实施《广州市政府信息公开规定》,明确规定政府信息原则上都要公开,这是我国地方政府制定的第一部全面、系统规范政府信息公开行为的政府规章。对政府信息公开进行法律规定,是保障公民知晓权的一个必须环节。“政府的信息来源于人民,属于人民,只是由于公共行政的需要,人民将信息所有权让渡给政府”,因此,公民在不妨碍公共行政的前提下,享有知情权是不言而喻的真理。据一份资料统计,我国80%的有用信息都由政府掌握。由于缺少一部统一的法律对有关问题进行规范和明确,许多“公开”只是停留于形式,极其有必要以相应的法律法规在政府的信息公开方面加以规定。
从2003年的SARS事件后至今,国务院各部门已经基本建立了新闻发言人制度,各地方也已经或正在制定和实施新闻发言人制度。这无疑是社会进步和政治文明的体现,也有利于新闻传播活动在更大范围内以更低的成本和代价开展。我们期待着新闻发言人制度能落到实处,政府信息公开能在更大范围内常规化、法律化。
国家正在起草信息公开法。据报道,信息公开法对于政府信息公开的原则是,信息公开是原则,不公开是例外。
7.2.2 起草《紧急状态法》
SARS事件和2004年的禽流感事件给我们敲响警钟:在现代社会里,突发事件越来越多,隐瞒或者说不公布公开信息将造成重大的损失。因此,必须保证包括突发事件信息在内的所有信息的自由有序的披露。 2004 年月3 月14 日通过的宪法修正案将“戒严”改为“宣布进入紧急状态”。国务院法制办公室也已正式委托清华大学公共管理学院起草《紧急状态法》的专家建议稿。这是我国抗击SARS 遭遇法律空缺后认识到,应对严重自然灾害、突发公共卫生事件、人为重大事故等紧急状态时法律制度必须完善的结果。《紧急状态法》出台后,一方面政府可据此在突发和特殊情况下启动紧急状态,采取紧急措施,另一方面,可以确定新闻媒体发布突发事件信息的权利和范围。
7.2.3 济南:新闻应急预案
2004年4月,济南市委宣传部制定名为《济南市突发事件新闻宣传应急处置预案》的规定,要求在突发性事件发生后,相关部门必须及时发布客观、准确的新闻信息,并积极配合媒体记者的采访,以便“让市民在第一时间了解真相”。并规定负责处理突发事件的市政府主管部门和事发当地的党委、政府在突发性事件发生后,不仅要善待新闻媒体,而且还要对各级媒体记者的采访进行积极的配合和支持,并及时发布客观、准确的新闻信息;对蓄意封锁消息,导致突发事件报道和舆论引导不力而造成重大消极影响和严重后果的,一定要严肃追究有关人员的责任。
7.2.4 上海:安全生产条例
上海市十二届人大常委会2004年10月审议通过《上海市安全生产条例》。条例第三十四条规定,上海市安全监督管理局应当定期向区、县人民政府和有关部门通报安全事故情况,并对发生的重大、特大安全事故或者社会影响大、性质严重的典型事故及时予以通报。第三十五条规定,对上海范围内的安全生产状况和重大生产安全事故情况,上海市安全监督管理局应当定期向社会公布,并及时公开重大、特大生产事故的相关信息。这样一来,上海就将“及时向社会公开重特大安全生产事故相关信息”以法规的形式固定下来,从而避免少数生产经营单位在出现安全隐患后隐瞒、逃避或者推卸责任,确保公众的知情权。
最近,国家有关单位规定:灾难死人的数字不再列为国家机密。
(19) 陈力丹,《中西新闻法制与新闻伦理观照》,载于《新闻传播论坛》第5缉

Guidance • Supervision • Reform • Freedom: Plotting the direction of Chinese media through an analysis of the all-important buzzword

By Qian Gang
Translated by David Bandurski
Chinese media are changing. People from all walks of life in China have recognized this fact – businesspeople, politicians, professional journalists.
I have watched the crooked path of this change for three decades, beginning with the end of the Cultural Revolution and the start of Deng Xiaoping’s opening and reform, coming to an abrupt halt following the crackdown on student demonstrators on June 4, 1989, revived once again after Deng’s so-called “southern tour” in 1992, which quickened the pace of economic reform.
The media landscape is much changed today. Media hold fast to the “iron laws” of state news management because they must. But they rush out at the same time into the hurly-burly marketplace, keeping up as best they can with the changing times. The injection of capital into the media is transforming it structurally – we can now refer to it as an “industry”, a change in itself. The Internet and new media, with their unrealized potential, loom on the horizon. Meanwhile, a growing number of good reporters, intent on professionalism, forge ahead against sizable financial and political obstacles. And of course, the shutdown earlier this year of Freezing Point, a popular weekly supplement of China Youth Daily newspaper, reminds us rather poignantly that censorship is alive and well, and even mutating, in China.
It is a complicated picture indeed.
But a study of the terminologies used in China to talk about the media and its role in culture and politics may help us sharpen that picture just a bit. In Robin Lakoff’s The Language War, which has been translated into Chinese, the author talks about how we use language to construct reality:

Language is, and has always been, the means by which we construct and analyze what we call “reality” … What we know of it we know through carefully selected words, images that tell us what we ought to think and believe we know. It is no accident that, at the very moment at which meaning making rights are being contested, politicians and others in the public eye have developed armies of specialists whose job it is to construct public meanings via the skillful manipulation of language …

While Lakoff writes of the “democratization of meaning-making” in American culture, the opposite is true in China, where Party leaders continue to serve as the gatekeepers of language, defining social and political reality in all areas of life and work. This being the case, it shouldn’t surprise us to find that changes in China’s political climate come with whole sets of new buzzwords, so that, for example, the “Three Represents” (the platform of former President Jiang Zemin) yields to current President Hu Jintao’s “Harmonious Society”.
The same applies to Chinese media, which the Party has always regarded as key to its exercise of power. Chinese leaders closely govern the very language journalists use to conceptualize their own work and role in society.
Over the last decade, but particularly over the last three years, I have carefully analyzed the media in China by looking at the buzzwords Chinese use to talk about it, terms like “guidance of public opinion”, “supervision by public opinion” (sometimes translated “watchdog journalism”), “media reform”, and “freedom of speech”.
These terms are like mile markers, some fading behind, others crowding ahead. Some are heard constantly, but used by different people with widely different meanings.
“Reform” under “Guidance”
Chinese Journalist, a monthly magazine published by Xinhua News Agency, and News Line, published by Communist Party mouthpiece People’s Daily, are China’s most influential professional magazines for journalists. They are largely responsible for conveying the “management spirit” of state propaganda ministers to the media at large, and many newspapers and television or radio stations take out subscriptions at public expense. The appearance and degree of prevalence of critical media terms in either or both of these publications can point the way to the dominant political position on media and its role in Chinese society. The graph below, for example, shows the relative frequencies of use for the terms “guidance of public opinion”, “supervision by public opinion” and “media reform” between 1994 and 2004 in the abovementioned publications. They suggest that control, via “guidance”, has been the top priority, while media “supervision” (of official corruption, etc.) has been an important, but secondary, priority:

untitled.JPG

(Source: China Knowledge Network Service Platform (CNKI), China Journalism Network (CJN). Search through complete archives of China Journalist and News Line for 1999-2004).
Of the three terms plotted in Graph 1, “guidance of public opinion” is most widely used, followed more closely by “supervision by public opinion”, and trailed quite substantially by “media reform”, which remains more or less level over the decade.
What do these peaks and troughs mean? The prevalence of “guidance of public opinion” suggests the term, which means leaders must carefully control the language of media to ensure stability and progress on policy goals such as economic growth, has been the centerpiece of Chinese media policy from the early 1990s onward. There is an important historical reason for this. While the second two terms are relics of the 1980s reform movement, “guidance of public opinion” appeared only after the June 4, 1989, crackdown on student demonstrators at Tiananmen Square. It is a product of rethinking of media policy in the aftermath of social unrest.
In the 1980s, media reform in China began as a reaction against the “falsehood, sensationalism and emptiness” that prevailed during the Cultural Revolution. Communist Party leaders began to speak cautiously of “media reform” in the early 1980s, by which time the term was commonly used inside the media.
Media reforms continued through the 80s despite political uncertainty. China Youth Daily, the official newspaper of the China’s Communist Youth League, took the lead by introducing critical news reports and discussions of hot-button social issues. In Shanghai, the outspoken World Economic Herald appeared, becoming an instrumental force behind the economic reform drive.
Finally, in 1987, media reform received official recognition and was worked into the Party’s political agenda. In its official report, the Thirteenth Party Congress said, “Let the people know and discuss the larger issues”. In addition, news and publicity vehicles should “serve a watchdog function”, the report said. This was essentially a mandate for what has since been called “supervision by public opinion” in China, meaning the scrutiny of lower-level officials through investigative reporting. After the 1987 report, “supervision by public opinion” became a regular buzzword in the China media lexicon.
June 4, 1989, brought a swift end to all of these changes. On May 6, 1989, General Secretary Zhao Ziyang said in a meeting with top propaganda officials: “Open things up a bit. Make the news more open. There’s no big danger in that. By facing the wishes of the people … we can only make things better”. These words were severely criticized in the wake of June 4, and Zhao was blamed for creating widespread public support for the student demonstrations and “guiding matters in the wrong direction”. Just six months later, in November 1989, the Party’s new general secretary, Jiang Zemin, gave a speech emphasizing the need for “guidance of public opinion.”
And so a new media buzzword was born.
Party propaganda officials made it known through a series of statements to news media that language must “adhere to guidance of public opinion”. Aside from this new and dominant term, there was a dizzying parade of other media terms during this time. They included “Marxist view of media”, “disciplined publicity”, “politicians running the newspapers”, “mouthpiece”, and others. Taken together, they constituted Jiang Zemin’s policy position on the role of the media, which emphasized control and took its bearings from the unrest of June 1989.
“Guidance of public opinion”, as a buzzword for political control of the media, may have risen into dominance after June 4, but “media reform” nevertheless persisted as a term of importance. After Deng Xiaoping made his famous “southern tour” to major Chinese cities in 1992, commercial reforms in the media were jump-started. One after the other, flagship Party newspapers came out with profitable weekly editions or commercial daily spin-offs. In a limited capacity, and on a trial basis, overseas capital was allowed to flow into domestic Chinese media.
Foreign participation was not, in fact, entirely new. Some foreign media groups had struck up joint ventures in the 1980s in areas that were safe politically, such as computers and fashion. International Data Group led the charge in 1980 with China Computerworld magazine, set up jointly with a business arm of China’s IT industry regulator, Ministry of Information Industry. The Chinese-language edition of fashion magazine Elle followed suit in 1988.
But the boldest attempt by an overseas media investor to gain a foothold in the Chinese market came in August 1992, as Hong Kong businessman Yu Pinhai signed a joint-venture deal with Guangzhou’s Xiandai Renbao (现代人报). While the contract yielded complete editorial control to the Chinese partner, Yu’s company exercised its influence through Lie Fu, its manager for China operations. Zhao Shilong, a well-known investigative reporter, recalls the innovations Lie Fu introduced at the paper, and their impact on the industry:

The newspaper employed a system totally unlike others on the mainland. It introduced and implemented editorial methods and compensation systems in line with the modern [global] newspaper industry; it used new circulation and marketing methods; it put in place a totally computerized copy flow (reporters had to submit electronic articles rather than handwritten ones); it used full-color printing technology; it employed modern management techniques to create staff cohesion. All of this meant Xiandai Renbao was fresh and alive in a way never before been seen in China. The three top newspapers in Guangzhou, Southern Daily, Yangcheng Evening News and Guangzhou Daily were extremely nervous.

Yu Pinhai’s newspaper venture, an important first for overseas participation in the highly sensitive area of “news”, was nevertheless doomed. Officials in Guangdong shut Xiandai Renbao down on January 1, 1995.
But it was during this period that groundbreaking newspapers like Southern Weekend, for which I served for several years as managing editor, and investigative news programs like China Central Television’s “Focus”, came into being, offering a fresh approach to news and analysis. Naturally, political support was an indispensable component of their success, as it remains today. Southern Weekend was able to weather several political storms with officials in Beijing because it had a definite degree of support from provincial leaders in Guangdong. “Focus”, which routinely shed light on ugly social and political problems, like administrative corruption, was supported by the country’s top propaganda official, Ding Guangen, who actually had a role in its creation.
After the mid-1990s, terms of commercial ilk, like “media industry” and “media market” became more or less synonymous with media reform. Searching all Chinese periodicals for the years 1994 and 2004, I found the frequency of the term “media reform” unchanged. The frequency of “guidance of public opinion”, on the other hand, rose 70 percent, and the frequency of “media industry” rose 50 times over.
In the late 1990s, new terms were coming regularly into circulation, terms like “enlarging and strengthening” (the creation, in essense, of officially-controlled media groups of a Murdoch-like nature), “media restructuring” (consolidation of state media), and “the influence of media” (an official version of eyeball economics in which politics plays no part). Each of these pointed to policy positions on key problems facing Chinese media.
“Enlarging and strengthening” is a good case in point. The longhand version of the term, clunky and comical in English, was: “doing the news media big and strong.” It was a response to commercial reforms, with a nervous eye on China’s nearing accession to the World Trade Organization, and essentially a policy shove in the direction of media consolidation. The idea was that a number of consolidated media groups would be better equipped to compete in a globalized market. The concept had in fact been appropriated from other industries. In late 2000, Xu Guangchun, then deputy head of the Propaganda Department and top man at broadcast regulator SARFT (State Administration of Radio, Film and Television), introduced the “enlarging and strengthening” slogan to the radio and television industries.
“Capital infusion into media”, another important concept as China’s media entered the new century, marked one of the most sensitive facets of “enlarging and strengthening”. Before the 1990s, this term did not exist in China. But with the implementation of media investment policies in 2002, the state approved a number of media groups for business registration as limited liability companies or as joint-stock limited companies and drew investment from government-sponsored institutions, with the important stipulation they would not interfere with the propaganda and censorship process. Foreign investors were also itching for more opportunities to enter the media sector in China, but this was a sensitive issue.
The Sixteenth Party Congress convened in November 2002, Jiang Zemin passing the position of Party chief on to Hu Jintao. In early 2003, politburo standing committee member Li Changchun, who was in charge of ideology, held up a new buzzword, “The Three Closenesses”, as the defining principle for future propaganda work. “The Three Closenesses” were: “Sticking close to truth, sticking close to the people, and sticking close to life.” Li emphasized that the first criterion in measuring “products of culture and spirit” (journalism, publishing, the arts, etc) was whether or not the people were satisfied with them. He said China should promote asset restructuring in the “culture industries” (including media), and “optimize resource allocation, thereby enlarging and strengthening them”.
China had by this time already become a WTO member, lending greater urgency to “enlarging and strengthening” as a means of “facing competition from global media groups and the fierce war for public opinion on the global stage”. Without a strong economic foundation, many academics argued, Chinese media would be shouldered aside by bigger foreign competitors.
Chinese officials, of course, were never about to let this happen. Commercial reforms could move forward, but the Party would maintain its white-knuckle grip on the media. Propaganda minister Xu Guangchun stressed that there were “four constants” (yes, another buzzword) in the media reform process. The media’s role as a mouthpiece of the Party would not change. Party newspapers (such as People’s Daily) would not change. The role of officials at the top of media organizations would not change. And the cardinal rules of correct guidance of public opinion (in other words, towing the Party line) would not change.
China’s “media reform” plodded forward under the all-important principle of “guidance of public opinion”. Reform might be an imperative. But so were social stability and the position of the Party in the life of the nation. The process of reform was to be safe and amenable. There would be no repeat of the events of June 4, 1989.
“The Three Closenesses” were just finding their feet when Chinese media were faced with their first major challenge of the 21st century, Severe Acute Respiratory Syndrome. This national health crisis would prove a major reality check for Hu Jintao’s new media policy.
Chinese media under SARS

The first known case of SARS appeared in November 2002 in Heyuan, a city about 160 kilometers northeast of Guangzhou. In mid-December, the People’s Hospital in Heyuan admitted two SARS patients. Within two weeks scores of health workers were infected. In late December, Zhong Nanshan, a well-known respiratory specialist, treated several patients transferred to his Guangzhou facility. On December 31, he issued a report to the Chinese Centers for Disease Control (CDC), and a few days later a group of CDC officials went in secret to Heyuan.
Local and national media knew nothing about the situation. But that afternoon people in Heyuan made a run on local pharmacies, buying out stocks of erythromycin, a common antibiotic.
Before dawn on January 3, 2003, Heyuan leaders met at the mayor’s home to discuss measures for dealing with cases of “atypical pneumonia”. Hours later, Heyuan Daily, a mouthpiece of the city government, ran an article urging city residents to disregard rumors of an epidemic. Most urgent in the minds of Heyuan officials at the time was a planned meeting two days later with Guangdong’s executive committee on the development of “cities of excellence”, an important test of the city’s economic infrastructure.
In fact, Heyuan’s approach to dealing with crisis could be seen as indicative of China’s overall approach to spinning the news: economic development comes before all else, and information must be tightly controlled to this end.
SARS, meanwhile, spread from Heyuan to Zhongshan, 60 kilometers south of Guangzhou, and then to Guangzhou itself. On January 16, Guangzhou’s New Express sent a reporter to Zhongshan to look into rumors of an epidemic there. An article called, “’Pneumonia of mysterious origin’ appears in Zhongshan and could spread”, made the paper the next day alongside a photo of patient hooked up to a respirator. This was the first report on SARS to appear in China. Like Heyuan, though, Zhongshan moved immediately to combat what it said were baseless rumors.
“No disease has appeared in Zhongshan,” they said.
On January 21, national officials from the CDC made an inspection tour of Guangdong. On January 23, a report on the situation in Zhongshan by Guangdong’s health bureau was sent to subordinate offices throughout the province. Everyone was ordered to have a strong grasp of the appropriate procedures for prevention and treatment. On February 3, the provincial government sent a report on SARS to the Ministry of Health in Beijing. At the same time, instructions were sent to relevant offices below the provincial level.
It could be said that Guangdong’s provincial leadership were actually quite firm in dealing with the containment of SARS through administrative means. But they had settled on resolving the crisis behind closed doors. The media would play no part, save in the issuing of official lies and half-truths. In the three weeks from mid-January to the start of the weeklong Spring Festival holiday they kept a stranglehold on news about the epidemic.
By February 6 things were only getting worse. Information about the disease, most of dubious accuracy, started bouncing back and forth on the Internet and through SMS text messaging. On February 8 Guangdong made a report on the SARS situation to the State Council, the highest organ of state administration. However, an urgent announcement went out simultaneously to media in the province:

In order to avoid the spread of rumors and other forces of instability, all media units within the province are to refrain from interviews and reporting concerning the recent discovery in our province of a disease of unknown origin. At the same time, media units must work to maintain secrecy, neither exposing nor diffusing information to the outside.

Rumors were running wild in Guangdong. On February 10, under another strict order against “further reporting”, media were sent an official government news release, or tonggao, called “Atypical pneumonia cases found in some areas of Guangdong”. They were told to stick to the information in this release, not building on the story and not linking online sites to other news sources (such as overseas media). The release did not, of course, offer any facts about the serious spread of SARS, but only cautioned citizens to “take the necessary steps to protect themselves from the spread of the disease.” Just hours later a second release came through. This one obliged the media to report that there had been 305 SARS cases and five deaths, a willful misrepresentation of the epidemic’s true scale.
On a daily basis, the publicity office of Guangdong’s Party committee sent out releases detailing how media should talk about SARS, how much space should be devoted to the story and so on. But some media felt the door had been prised open and decided to make a gamble. Southern Metropolis Daily disregarded missives from the publicity office and ran two pages of SARS coverage. Southern Weekend’s tongue grew dangerously sharp: “It’s time we reassess the media’s role and purpose,” it wrote.
Less than a week later a stern warning went out to all media in the province against being adventurous with SARS coverage. On February 17, the publicity office said: “[Media] must not lead discussion toward suggestions the government has been sluggish in dealing with the present crisis, or that the people have a right to know”. On February 23, media were warned to “maintain correct guidance of public opinion”, which again meant walking the Party line. The text of that warning left little room for imagination: “From this time forward, with exception to news reports on SARS issued by the official Xinhua News Agency, decisions for all media in this province concerning SARS coverage are the prerogative of this office alone [Guangdong’s provincial publicity office], regardless of whether that coverage concerns sick cases, disease origins, expert analysis, stories about the effort on the medical front or economic factors”. “Big or small, all reports must physically go through this office, which will decide whether they can or cannot be reported and how they should be reported. Nothing may be reported that has not first passed through this office.”
The warnings were not entirely confined to Guangdong. Central media in Beijing had also been issued various controls concerning the “guidance” of SARS coverage.

untitled2.JPG

By this time, SARS had spread to other areas of China as well as Hong Kong and other countries in the region. The Tenth National People’s Congress and the Chinese Political Consultative Congress, the country’s biggest annual political meetings, opened on March 5 that year. The publicity office of Guangdong’s Party committee warned provincial media they were not to report any official comments on SARS made by delegates at either of the forums. Southern Metropolis Daily, though, again seized the opportunity, printing an interview with the country’s second highest health official, Zhu Qingjun. The report was called, “SARS searching for international cooperation”. The reporter responsible was immediately recalled from Beijing, and not long after the meetings, both Southern Metropolis Daily and Southern Weekend were disciplined by officials for SARS and other reports.
While Guangdong media were working under severe constraints, a handful of other national media were testing the waters. Preeminent among these was Caijing, one of the country’s leading business magazines, which had done a series of SARS reports for its April 5 issue. These addressed problems in China’s healthcare system, possible economic fallout, and the need for international cooperation. Most media, however, kept quiet, either failing to recognize the seriousness of the epidemic or fearing uncharted territory.
By this time too, another big story had dropped out of the sky. When the United States launched its invasion of Iraq on March 20, propaganda officials threw the doors wide open. News of the invasion flooded the pages of Chinese newspapers and magazines. China Central Television ran non-stop news and commentary on channels One, Four and Nine, raking in substantial advertising revenues, which rose at CCTV that year by more than 30 percent.
Politburo member Li Changchun praised CCTV’s coverage of the war, saying it, “satisfied the public’s demand for information and showed the network had a good grip on guidance”, the last a reference to the familiar buzzword, “guidance of public opinion”. Li said news reports on the war in Iraq brought home the point that, “there was ample room for reform of the media, that CCTV had great potential, and that the network had the confidence needed to turn over a new leaf”.
On April 9, as American troops rolled into Baghdad, Time magazine ran Jiang Yanyong’s famous letter, in which the Beijing doctor contested the number of SARS cases officially reported in the capital and said military hospitals had been ordered to hide the truth about the disease. The shock of these revelations rippled through China’s top leadership levels. The forced resignations of China’s top health official, Zhang Wenkang, and Beijing Mayor Meng Xuenong followed on April 20, signals that the central government was determined to resolve the crisis as openly as possible. All at once, there was no end to the types of SARS coverage open to domestic media. Many took to the story with gusto, as the following graph makes clear:
untitled3.JPG

After April 20 central and regional media were inundated with SARS coverage. Of course, the propaganda bureau still had its nose in the business, demanding all media “have a firm grasp on correct guidance of public opinion, directing all efforts toward creating an environment conducive to the prevention of SARS”. Some, though, were already starting to criticize Chinese media quite vocally for their complicity in deceiving the public.
For Western media, SARS and its cover-up once again begged serious questions about China’s political stability. When revelations of misinformation brought a public outcry and the resignation of two high-level officials, some foreign media started comparing the episode to the April 1986 explosion of the nuclear reactor at Chernobyl in the Soviet Union, which some argued had accelerated glasnost, or “openness” and perestroika, or “restructuring”. Foreign journalists wondered whether SARS would usher in a new era of openness under China’s new president, Hu Jintao.
“Freedom of Speech” and “supervision by public opinion”
Academics and media professionals certainly saw SARS as inviting reflection on media reform and the idea of the “Three Closenesses”. What did reform mean, and what about relevance to the people, if the media failed such an important test? Who was media reform supposed to serve? As media were “enlarged and strengthened”, as they consolidated to form more powerful domestic media giants, did the public’s right to know expand too? Or could those in power deny this right at will?
At the height of the SARS epidemic in China, Zhan Jiang, a journalism professor in Beijing and frequent media commentator, had suggested two interwining factors posed a serious challenge to the media’s ability to play a more independent role. The first factor was autocracy, or “rule by men”, that old bogeyman never quite in China’s past – meaning the affairs of the nation, big and small, were handled through guanxi, or various forms of connection and power-brokering, rather than through rule of law. The second factor, somewhat ironically, was commercialism, one of the driving forces behind media reform.
The tenacity of “rule by men”, said Zhan, meant the idea of the media as a public service vehicle and balancer of interests was constantly rebuffed, and ‘freedom of speech’ viewed as a scourge and menace to entrenched interests. Commercialism, in the form of advertising and public relations, meanwhile, had given rise to what Zhan called “neo-feudalism”, a triangular conspiracy of government, business and the media. Zhan Jiang’s argument, which dragged ‘freedom of the press’ into the media reform debate, was of a kind rarely seen in the Chinese media.
In fact, Chinese citizens are entitled both to “free speech” (言论自由) and a “free press” (出版自由) according to article 35 of the Constitution of the People’s Republic of China. But “freedom of the press” – in Chinese, literally “news freedom” (新闻自由) – is a term of extreme sensitivity, merely tolerated though not outright prohibited. As such, the term appears only rarely in the Chinese press, and when it does appear the intonation is generally negative, maybe a snide comment about “the West’s ‘freedom of the press’”, or “so-called ‘freedom of the press’”.
Searching the China Journalism Network (CJN) database for appearances of the term “freedom of speech” over the last 10 years, I came up with the following graph:
untitled4.JPG

Clearly, pejorative uses of “freedom of the press” account for the bulk of all instances. This is true particularly for the year 1999. Why should this be the case? I don’t know how many of you recall the bombing by U.S. warplanes of the Chinese embassy in Belgrade, but you can be sure the Chinese have not forgotten. The incident turned Chinese anger not only to America but also to its hollowed ideals, including “freedom of the press”, and shows how the question was related to the larger geo-political issue of Western dominance and values.
The issue of press freedoms was most openly discussed in the 1980s, as the Chinese Communist Party began drawing up its Media Law. In 1985, an official named Hu Jiwei led the effort to draw up a draft of the law. The third section of that draft stated, “We establish this law according to Articles 22 and 35 of the Constitution, as well as other related articles, in order to ensure freedom of the press and develop socialist media work”.
These efforts, again, were cut short by the June 4, 1989, crackdown on student demonstrators in Beijing. In the aftermath of June 4, Jiang Zemin addressed the question of freedom of the press in the most negative terms: “Hostile forces overseas and staunch domestic supporters of bourgeois freedoms see ‘freedom of the press’ as an important means of bringing about peaceful change [to the Party’s leadership of China]”, he said.
During and after SARS, Chinese media kept their thoughts on freedom of the press closely guarded. Any reflection on the institutional lessons brought home by SARS was nipped in the bud by an atmosphere of intensified control.
The next major policy statement on the media came in September 2004 and was aimed at “strengthening Party governance”. That statement reiterated the principle of the “Three Closenesses”, “guidance of public opinion” and “Party control of the media”. One particular focus was “the strengthening of publicity work related to the Internet in order to bring about more positive [non-critical of the Party] Web-based speech”.
The abovementioned decision made no explicit reference to “media reform”, but did in fact encourage “supervision by public opinion”.
“Supervision by public opinion” is a term much bandied about in the Chinese media. You may recall my first graph, which plotted frequency of three key media terms in China’s top professional journalism publications – “guidance of public opinion”, “supervision by public opinion” (or “watchdog journalism”) and “freedom of speech”. Running the same search for all mainland media through a Chinese news database from 2000 to 2005, I came up with remarkably different results:
untitled5.JPG

In this case, “supervision by public opinion” far surpassed “guidance of public opinion’ in frequency of use, suggesting a sharp division between the official media publications and other media over the prioritizing of media principles. Obviously, we need to look more carefully at how “supervision by public opinion” is used, as Chinese have vastly different ideas of what this term means.
Chinese officials have employed the term for some time, in fact. Every report issued by a Party congress since 1987 has made some mention of “supervision by public opinion”. When General Secretary Zhu Rongji visited the CCTV studio of the “Focus” news program in 1998, he managed to work the term into his speech, as did his successor, Wen Jiabao, in a letter of support to the program in 2004.
While the Communist Party has acknowledged the need for “supervision by public opinion”, it has also stressed that this is one necessary aspect of “self-supervision” and not a process of opposition to the Party or its policies. So it will probably not surprise you that China has a toolbox of slogans and buzzwords with the express purpose of fine-tuning “supervision by public opinion”. “Emphasizing positive publicity” and “Help out, don’t create chaos” are the preeminent ones at present, and under these is a whole set of strictures governing whom the media may investigate, when it is appropriate to do so and when not, what proportion of overall news such reports may account for, and so on.
On February 17, 2004, just seven months before the decision on strengthening governance, the Party mentioned “supervision by public opinion” in its new statute on “internal Party supervision”, marking the first time the term actually appeared in Party laws and regulations. The statute defined it as just one of ten supervisory systems, emphasizing at the same time that news media must, “support the Party’s principles, respect news discipline and professional ethics, have a grasp of the correct guidance of “supervision by public opinion”, and pay close attention to the social implications of “supervision by public opinion”.
Much criticism has been leveled at “supervision by public opinion”, particularly that carried out by Party-controlled newspapers, for “swatting at flies and leaving the tigers alone” – that is, only going after small-time officials and petty businesspeople. And some academics have rather pointedly remarked that it actually amounts to “state supervision by means of the media”. In other words, rather than serving a real watchdog role, it complements and reinforces the power of the Party and state.
But while it is true that “supervision by public opinion” can and has been leveraged by the center to supervise the actions of small-time officials and businesspeople, even this is not a simple matter. The most influential of Chinese media, programs like CCTV’s “Focus”, routinely kill segments addressing very real cases of official wrongdoing after local leaders pull their weight. Chinese corporations complain supervision by the media ties them down, and officials, wary of economic growth figures, are rather inclined to listen. In the new age of advertising, powerfully connected companies with important advertising budgets often enjoy the media’s blind eye.
As commercial reforms have accelerated in the industry, “supervision by public opinion” has been abused by runaway opportunism. Some reporters have become adept at extorting money from those they investigate, so the expose has now become the ransom note. This problem occurs industry wide, and in many cases media dangle scathing reports in front of corporations or officials to induce them to sign advertising contracts. Another trend lately on the rise is the spinning of “supervision by public opinion” by companies or clusters of interest to engage their commercial or political enemies.
Reporters or editors with strong professional sensibilities, those who care about such niceties as ethical journalism, are not without their shortcomings. Many of these set out to do investigative reporting for the good of Chinese society, but lack sufficient professional training.
It is fair to say “supervision by public opinion” is under assault on a number of fronts. But it is also in this general area of Chinese journalism one can expect to find the incipient forces of professionalism and the very best Chinese journalism has to offer. There are many reporters who patiently move ahead, one step forward, a half step back, even as they are bound by Party dictates, oppressed by hardships of their trade, and ridiculed by their colleagues. Inch by inch, they push the bounds, opening more space for their craft, upholding their right to cry out where there is injustice. Their yardstick of self-discipline (which means not overtly challenging the Party, something all reporters must weigh carefully) is the phrase, “As long as Mom and Pop are happy”, a tongue-in-cheek reference to the need to keep both the Party and the public satisfied.
I should also mention that it is under the auspices of “supervision by public opinion” that investigative reporting has made notable progress in China over the last decade. A group of top-notch investigative reporters has grown up in China in recent years. Their efforts have also brought some recognition from colleagues in the West, and there is even a core that views the work of “supervision by public opinion” from the standpoint of freedom of speech. They argue their investigative work stems from an inalienable right mandated under freedom of speech as guaranteed in China’s constitution. For them, “supervision by public opinion” is the Chinese cognate of Western “watchdog journalism”.
“Supervision by public opinion” is both one of the most widely used and most complex of Chinese media terms, and in many ways understanding its nuances can help you see more clearly what Chinese journalism is like and what its possibilities and limitations are.
“The Harmonious Society” and Media Reform
Changes in Chinese media are of course subject to the vicissitudes of Chinese politics. The graph below should give you an idea of what political moves in China look like two dimensionally. It plots frequency of occurrence in the Chinese press for the terms “Deng Xiaoping Theory”, Jiang Zemin’s “Three Represents”, and Hu Jintao’s “The Harmonious Society”:
graph-1.JPG

(SOURCE: Huike News Database (慧科新闻数据库), January 2004 to June 2005, search of all mainland Chinese publications).

The sharp rise of “The Harmonious Society” signals the burgeoning influence of the ruling concept of Hu Jintao’s administration. So far, the rise of Hu’s new buzzword has not brought a shift in dominant media terminology, but the old terms have undergone some reshuffling. Under Hu’s governing ideology, “guidance of public opinion” still dominates, and “freedom of the press” continues to be more or less unwelcome.
The key priority behind Hu’s policy is stability, which he and other officials see as undergirding the essential of economic development. The idea is to enter what officials have termed “a period of golden economic growth” without deep inequalities dividing the Chinese population. But the media is often viewed by officials as a source of instability. Since the second half of 2004, “The Harmonious Society”, Hu’s buzzword underscoring stable development of Chinese society as a whole, has risen sharply as a term of importance. At the same time, “supervision by public opinion”, which some regard as a potential force of instability, has noticeably slipped, as Graph 5 makes clear.
One key question behind Hu Jintao’s harmonious society is how the relationship between the media and the state should be defined. Some have suggested the Party harness the mobilizing power of the media to achieve its policy goals, that “as a ruling Party, the CCP must strengthen its ability to use the media and influence public opinion”. In late 2004, Wang Jiarui, director of the International Department of the Central Committee, the highest authority within the ruling Communist Party, circulated a document offering lessons from international experience as to how China might handle media relations. Three of the options were as follows:

1. Direct control of the news media
2. Emphasizing public relations work with media in order to mitigate negative reports and guide public opinion
3. Placing emphasis on new publicity concepts and methods in order to improve on publicity mechanisms and enhance the government’s image

The priorities of censorship in China are without a doubt changing. Generally speaking, disaster reporting was more timely and open after SARS, but the “what” and “why” – which might for example point to government ineptitude – were often left out of the mix. In May and June 2005, blanket coverage was allowed for some stories, for example flooding in the Pearl River Delta (Guangdong province), while for others more in-depth coverage was banned, such as with the story of the death of 100 primary school students trapped in floods in northern China. For still others, outright bans were in force. No media were allowed to report on an investigation against the vice-governor of Henan province, suspected of murdering his wife. Nor could they report on a civil uprising in the town of Chizhou in Anhui province.
For all news stories in China, there is a constant push and pull between the priorities of “supervision by public opinion” and “guidance of public opinion”. While one seeks to expose (again, often for the benefit of Party leaders), the other seeks to minimize social and political fallout for the sake of “stability” and the interest of the Party. Freezing Point, the China Youth Daily supplement shutdown briefly last January, was long a bright spot of “supervision by public opinion”. But we shouldn’t be surprised to find, in the “decision” on the paper’s suspension issued by its publisher, the Communist Youth League, our other buzzword: “[We must] boster political consciousness, and the sense of [political] unity and responsibility, strictly respecting the rules of news propaganda, and supporting correct guidance of public opinion” (my emphasis).
Hu Jintao’s doctrine of the “three closenesses” has brought some change to the media. Insipid stories about official goings-on, which used to flood news pages, are slowly giving way to more palatable fare. But this ostensible “media commercialization” is not really about a free market of media offerings. Statements from Chinese propaganda ministers make it clear that Hu’s concept of the “three closenesses” is the flip side of “enlarging and strengthening”, which essentially seeks to fortify the media as one of China’s key state-owned sectors.
The idea is to accelerate development of a Party-run media sector in order to enhance the Party’s power and control. This win-win proposition for the Party allows it to keep a monopoly on news and information while profiting enormously from the media business. The bombast of the Party mouthpiece yields to the subtle suggestion of the soft political advertisement. The ersatz watchdog (“supervision by public opinion”) is let loose in the yard to nose out a a few major stories now and then, creating news sensations to grab attention and ad revenue.
The advance of bottom-line consumerism is something we need to watch carefully in China. Even as a core of journalists seek newfound professionalism and a larger civic role for media, the peculiar marriage of commerce and politics in China is throwing up new commercial obstacles to this goal. While media are still carefully controlled by the state, they have become a major source of revenue for officials. We have already seen this year, with the controversy over the participation of U.S. Internet companies in censorship actrivities in China, that it is foolish to hope commercial reforms alone will usher in a new era of press freedoms. It’s just as possible that China’s state-controlled media could sit like a great red dragon atop its pile of riches, while a few Murdochs and Microsofts nestle under its wings.
I personally believe “freedom of the press” in China today can take shape only through the formation, under constitutional mandate, of a group of credible, independent news platforms seeking to serve the public responsibly and not under state control.
For now, however, the future of freedom of the press rests with political reform. Journalists in China must keep a watchful eye on the development of internal Party reforms, such as the implementation of more “democratic” selection of Party leaders. As system reforms and changes to the Chinese constitution move ahead, one key question will be how “media reform” factors in to the equation.
When I was at Southern Weekend I used to tell my staff there were no shortcuts to media reform in China. It would be a long and arduous process, and we could only ever expect progress by increments. It is true Chinese media continue to be rigorously controlled by the country’s leaders, and events like this year’s shutdown of Freezing Point deserve our utmost attention. But in our more optimistic moments, perhaps we can be heartened by the recognition that we parted long ago with the days when the newspapers were dominated by official bombast and declarations from on high.

“China’s selective memory”

/The New York Times
NEW HAVEN, Connecticut Ever since June 4, 1989, when the world’s cameras embarrassed the Chinese government by recording the slaughter of unarmed protesters in Beijing, spring has been a sensitive period in Chinese politics. Public demonstrations of all kinds have been repressed as if they were vicious cancers. It is indeed news, then, that people have been protesting in the streets of Chinese cities about Japan’s wartime past, its textbooks’ reluctance to face history squarely and its proposed accession to the United Nations Security Council.
[Click HERE for full article at The International Herald Tribunehttp://www.iht.com/articles/2005/04/28/opinion/edpu.php]

The Beijing Taxi Corruption Case

On June 28, 2002, the staff for the weekly supplement of China Economic Times, a leading Chinese business daily, held their routine Friday editorial meeting. Wang Nan, the section’s editor, handed veteran investigative reporter Wang Keqin a pile of research materials, including a document from the newspaper’s parent organization, the Development Research Center (DRC), a policy think-tank under China’s State Council, the country’s chief administrative authority

The DRC document, “An Investigation and Petition on the Plight of Beijing Taxi Drivers,” had been sent over by Guo Lihong, who ran the center’s economics division. It included statements from a few local taxi drivers. While it was common for China Economic Times’ reporters to cite officials from the DRC in their news reports, it was less common for the DRC to send reports directly to the newsroom. Wang Nan suggested Wang Keqin explore a possible news feature about the economic difficulties facing taxi drivers in Beijing. This was indeed news to Wang Keqin, who said he had long assumed taxi drivers fared better than many city residents.

Starting with the DRC report Wang gathered background on the taxi industry. He quickly realized drivers were being charged a whole range of ad hoc fees from taxi companies, which accounted for over 98 percent of the roughly 67,000 taxis on Beijing’s roads. One type of fee was called the “vehicle portion”, and generally meant a driver paid several thousand yuan per month for the right to operate a taxi under the company’s license. In addition to vehicle portions some drivers were forced to pay “risk deposits” amounting to tens of thousands of yuan. Many drivers had effectively fronted the money to pay for their own vehicles, forking out 50 to 100 thousand yuan when they signed their job contracts with the company. Without being licensed for the passenger transport business, drivers had to rely on the companies for vehicle purchases.

Taxi drivers had been vocal about these problems for years. In 1995, one driver had tried to defend his right to own a taxi before a Beijing court. When the court refused to try the case, thousands of drivers staged a strike at the Beijing West Railway Station, bringing traffic to a standstill for several hours. Drivers staged similar strikes in the summers of 1996 and 2000, stalling their cars outside Beijing’s Capital International Airport.

These incidents had brought the industry’s problems to the attention of Chinese leaders, but decisive action had never been taken. Wang found a 2001 article from China Market magazine quoting Premier Zhu Rongji, the head of China’s cabinet as criticizing the nationwide taxi industry before a meeting of Party leaders. According to a researcher cited in the China Market report, Zhu Rongji compared the tactics of taxi companies to those of the Green Gang, a mafia-style crime group that had operated in pre-Communist Shanghai. The premier, said the article, had even sent his wife on an undercover fact-finding mission in which she rode taxis and spoke with drivers about their situation.

By the time Wang Keqin was on the taxi story it was approaching two years since Zhu Rongji’s criticism of taxi companies. Nothing whatsoever seemed to have been done in that time. Wang Keqin learned that several newspapers had tried to put together reports on the issue only to drop them after threats from gangs they suspected were hired by taxi companies. Wang later said he was angered by the media’s lack of action on the story at the time. “If journalists don’t have a conscience, don’t have a sense of humanity, they are totally worthless,” he said.

Wang Keqin also started developing sources among Beijing taxi drivers, a much harder task than he had first expected. He started out by contacting Shao Changliang, one of the drivers listed in the DRC report. Shao was able to put him in touch with other drivers. But many drivers were reluctant to talk to the report. “I don’t care if you’re President Jiang Zemin,” said one driver at a diner popular with local cabbies. “What good can possibly come from the work of one journalist? Why waste an interview?” Wang persisted, conducting one-on-one and group interviews, paying visits to driver’s homes and to popular hangouts. Over the course of three months of reporting he completed interviews with more than 100 drivers. In many cases, he convinced them to sign and fingerprint their statements so they would be admissible in court if necessary. He carried an inkpad everywhere he went. A strong believer in what he calls “comprehensive, impartial and accurate reporting”, Wang Keqin sought to have as many types of evidence as he could for his story – eyewitness accounts, written statements, documentary evidence. Whenever possible he made sure he had original documents. He also sought out multiple originals of similar documents, like taxi registration papers, so he could compare these for accuracy and consistency.

Every driver willing to talk had a story about what his company had put him through. Deng Shaolong, a driver for Beijing Yinjian Taxi Company, told Wang Keqin he had been hospitalized the year before for treatment of a severe perianal abscess (a work-related condition due to sitting for long periods in a vehicle). Although the operation meant he couldn’t work for four months, the taxi company continued to charge his monthly vehicle portion of 5,100 yuan. Just two hours after he was off the operating table, the company sent someone to his bedside to collect.

Drivers for Beijing Wanquansi Taxi Company, one of the city’s largest, produced messy, improvised receipts for various penalties the company had charged them for supposed infractions of all kinds. These were deducted, they said, from hefty “risk deposits” – usually between 30,000 to 80,000 yuan – the drivers had to pay as a condition for their contracts. “The assets of the Beijing Wanquansi Taxi Company were built on fines!” they told Wang Keqin. Every company, they said, had its own set of strict in-house rules designed for the levying of such penalties.

The conditions shocked Wang Keqin. Everyone seemed to know by name drivers who had died of extreme fatigue at the wheel. On a blistering hot night in August, he visited the 90 square-foot apartment of driver Feng Jiyou. Six family members spanning three generations were huddled together there. Despite his early setbacks, Wang was eventually able to build a strong rapport with his taxi driver sources. All eventually allowed him to use their real names in his story, which Wang convinced them was the best way to prove the reliability of their testimony.

Wang Keqin eventually said self-deprecatingly that he had gone out of his way to cut an absurd figure – a small-time reporter, leading a ragged life, fighting for the equitable treatment of taxi drivers who made, on a salary basis, about twice what he did. When assigned to the taxi story, Wang Keqin’s monthly salary was 1,200 yuan (US$145), just enough to cover the barest necessities in a city where a small apartment costs about 1,500 yuan (US$180) a month. Wang could ordinarily expect to supplement his salary with income from published articles – 60 yuan (US$7.25) each. Accepting an investigative assignment that consumed his time meant he would have to get by without.

CULTIVATING THE SOURCE: GOVERNMENT AGENCIES
As Wang Keqin continued to interview taxi drivers he tried to secure interviews with government officials to get their side of the story and find out why the industry was such a mess. The government office most directly involved was the city’s transportation bureau, but the story in fact touched on over 30 agencies, which meant Wang Keqin had a lot of ground to cover. Just getting in the door proved a problem, however.

While a number of local governments in China have issued ordinances on information disclosure in recent years, beginning with Guangzhou in 2003 following the government’s cover up of Severe Acute Respiratory Syndrome, officials still maintain a monopoly on information – they decide what to release, when and how. While these ordinances, and proposed national legislation on disclosure, seek to make openness the practice and secrecy the exception, the reverse is still the rule. There are no laws or regulations granting the media access to official records and government offices can refuse requests out of hand.

All government offices in China have publicity offices set up to disseminate information as suits official needs. These offices cultivate close relationships with beat reporters, who in many cases, media insiders say, will not expose sensitive issues. Government offices look on outside reporters as meddlers. If they are working off their beats or do not have close relationships with the office, this can suggest to officials that they are doing watchdog journalism, or what is called in Chinese “supervision by public opinion”.

Wang Keqin called dozens of officials during his first few weeks on the taxi story. Only three agreed to meet with him, and all of these were arranged with the help of one of Wang Keqin’s acquaintances, a seasoned reporter on the labor beat with good contacts in the city labor department.

Wang made his first attempt to reach officials at the transportation bureau just a few days after he started the story. Zhang Lei, an officer in the bureau’s publicity office, asked China Economic Times to fax over an official interview request. This was the beginning of several weeks of back and forth and foot-dragging. “Our district chief is away from his desk right now,” publicity officers would say, or “Our district chief is in a meeting right now”. Next it would be: “We have already forwarded your information to the Taxi Management Office and are still waiting for an answer.”

The city’s labor bureau, before Wang’s reporter friend stepped in, asked that China Economic Times send over Wang Keqin’s press pass, work visa and a letter of introduction. Wang’s editor faxed over the official letter and said the press pass and work visa were on their way. No sooner had the bureau received the fax than it modified the procedure – “We will also require an official letter from your personnel department concerning the press pass,” they said. The newspaper’s personnel office sent a letter over as requested. The newspaper was told to wait while higher-ups at the bureau were consulted.

Wang Keqin had better success talking to insurance firms, which saw taxi companies as a constant headache. They told him about constant contract violations and illegal insurance scams by taxi companies. Two insurance firms had analysts for the passenger transport industry who briefed Wang on such things as fake insurance policies and illegal taxi permits. According to one analyst, the city’s taxi industry represented an insurance market of over 300 million yuan (US$36 million) a year. The fact that current policies with legitimate insurance firms totaled just one-tenth that amount suggested widespread abuse of regulations mandating all taxis have insurance.

But Wang Keqin was getting nowhere with city officials. Finally, he decided to circumvent the publicity office. The only success he had was getting the head of the transportation bureau’s regulatory office to call him back. While their discussion was brief and not materially helpful, Wang Keqin tried to get a face-to-face interview on the back of this brief exchange. He showed up at the office on July 31. The secretary said her boss was out for the day, but Wang did manage to speak briefly with another employee, who offered a few details about the taxi-related regulations. Wang slipped into the publicity office on his way out, where at last he came face to face with Zhang Lei, the chief stonewaller. It was not a happy meeting. “I suggest you leave now and try reaching us about this later,” Zhang said ominously. “We’ll check and see if Mr. Liang, head of our taxi management office, will agree to meet with you.” It was hopeless arguing with Zhang Lei. Wang left through the main entrance as Zhang watched. Outside, Wang Keqin took a few laps in the courtyard before darting back in and heading straight for the taxi management office.

“I’m here to see Director Liang,” he said as soon as he was through the door.
“What for?”
“An interview.”
“That’s not possible, I’m afraid. The publicity office handles news media. We don’t deal directly.”

Wang Keqin could only go back to his old business of pestering Zhang Lei.
Eventually he managed to locate the direct line for Liang Jianwei, the head of the taxi management office. “News is handled by the publicity office. I don’t directly accept interviews,” he said.

As it happened, Director Liang operated his own taxi company and had been mentioned in the China Market article Wang Keqin had stumbled across in his early research, the very same one that mentioned Zhu Rongji’s statement on the industry.

On August 26, nearly two months into his investigation, Wang Keqin received a call from one of the taxi drivers with whom he had become close. “Didn’t you say you‘re finding it hard to reach officials from the transportation bureau? Well, a bunch of us are going there tomorrow to meet with the director, Zhang Yansheng. Why don’t you come along?”

This was Wang Keqin’s best chance so far. They arrived at the bureau at nine the next morning and squatted outside Zhang Yansheng’s office. The office staff repeatedly told them to get lost, but they refused to move until they had seen the director. Two uniformed security guards paced back and forth in the hallway eyeing them closely.

At about half past nine, Director Zhang emerged from a nearby office and told the drivers to wait in an empty conference room. Several minutes later the director returned. He immediately fixed his eyes on Wang Keqin. “Today I’m meeting with drivers only. Are you driver?” her asked sternly.

“I’m a friend of theirs,” said Wang.
“Get out. If you’re not a driver, get the hell out,” Zhang growled.

Wang Keqin refused to budge, but a pair of heavy-set staffers hoisted him by the arms and dragged him forcibly into the hall. He was dropped in a waiting area in an adjacent building and asked to stay put. Thirty minutes later two white-haired cadres came in to commiserate with him. Retired officials like this were often retained by government offices as unofficial negotiators. They told Wang Keqin calmly that a meeting with Director Zhang was not possible.

Looking back on his exposure in the conference room, Wang Keqin said he should have made a greater effort to blend inconspicuously with his friends. He surmised that his ragged man of letter appearance made him stick out like a sore thumb among the drivers. Office employees had probably told Director Zhang to be careful.

CULTIVATING THE SOURCE: TAXI COMPANIES
Getting information from taxi companies was at least as tough as reaching government offices. Wang Keqin phoned more than twenty local taxi companies, but none of the larger ones agreed to meet with him. He tried walking directly into Wanquansi Taxi, one of Beijing’s better known companies, but two guards prevented him from going in. When he insisted on meeting with the boss, the office employees just ridiculed him. Wang Keqin waited nonetheless, until a man reeking of alcohol stumbled out of the back office and stepped right up in his face: “What newspaper did you say you’re from? We don’t want an interview! Get the hell out!” The guards took him by the arms, a replay of his treatment at the transportation bureau, and tossed him outside.

Wang continued to push and eventually spoke with office managers at a few of the smaller taxi companies. His big break came during a meeting with a lower-level transportation official in Pinggu, a district of Beijing. He told Wang Keqin he was annoyed with the city transportation bureau’s unwillingness to address the problems facing taxi drivers. He became more and more animated as they spoke. Wang saw his opening. But gaining the official’s confidence was crucial to his full cooperation. Wang’s answer was to play up China Economic Times’ affiliation with the Development Research Center (DRC), which was directly under China’s State Council. He also spoke about his former career in Gansu Province, as clerical secretary to a provincial official. He said the newspaper and the DRC were conducting an investigation of the taxi industry, and the Pinggu official’s assistance would be beneficial.

Wang Keqin’s de-emphasizing of his media role worked (the reader should remember that in China these lines are always vague). The district official waved his staff into action and requested all taxi companies in his district to cooperate with Wang Keqin’s investigation. In a convoy of official sedans, Wang was whisked off to the first of several interviews. Before long, he was seated comfortably in a conference room, where the table was laid out with green tea and fresh fruit.

The Pinggu official sat in on the meetings as company representatives walked Wang Keqin through their operation methods. They went to several companies, where bosses spoke matter-of-factly about how they had used official regulations to start up taxi companies with little or no initial expenditures – all it took was knowing the bureaucratic ropes. Zhang Huiyu, a standing committee member of the People’s Political Consultative Conference, a political advisory body, in Pinggu District, told Wang Keqin how he had founded a taxi company with nothing: “Back in 1992 some friends of mine suggested that I could start up a taxi company without spending a cent or incurring any debt. I did all the paperwork in Xisi District in Chengguan. The village government made all the approvals and notified the [Beijing] city transportation bureau. After that, the transportation bureau issued me an instrument of ratification for the passenger transport business. I received licenses for 50 vehicles”. Zhang’s next step was to put out a call for drivers. Anyone with driving ability who was willing to put up 50,000 could work for his company. Before long he had found 25 drivers and taken in 1.2 million yuan in “financing funds”. He used this money to buy 25 passenger minivans. So by obtaining one approval and without spending a dime, Zhang Huibao had created a taxi company with a fleet of 25 vehicles and assets totaling 1.3 million yuan.

Changes in city regulations worsened the situation for drivers who felt locked into the trade by the huge “financing funds” and “risk deposits” they put down to secure their contracts. When Beijing announced in June 1996 that minivans could no longer be used for the taxi business, the companies passed on to the drivers the cost of changing their fleets to sedans. Zhang Huiyu accomplished this by “buying” the fleet’s 26 minivans back from his drivers for between 38 and 45 thousand yuan each, selling them to companies outside the taxi industry, then applying the funds to the purchase of 26 new sedans worth 115 thousand each. His former minivan drivers then “purchased” the sedans for 135 thousand yuan each. The licenses for these vehicles still belonged to Zhang Huiyu’s company, so the drivers were essentially investing receiving shares. Meanwhile, Zhang Huiyu hiked the monthly taxi portions, the right to operate the taxis, up to 1,500 yuan from 800 yuan.

Practices like these were common across the industry. They meant taxi drivers worked cruelly long hours just to scrape together enough get by after paying the various fees levied by the taxi companies. On average they worked 585 full-time workdays each year, calculated on the basis of China’s standard eight-hour workday. Although they worked 12-13 hour shifts every day, they earned on average just 1,817 yuan a month, less than half Beijing’s monthly per capita income as reported by the city government at the time.

Because of regulatory loopholes, taxi companies also got away without paying taxes. Wang estimated that if taxi companies across China paid taxes to the state of 1,500 yuan per year – less than most companies charged their drivers for vehicle portions – state tax revenues from the industry would total about 14 billion yuan (US$1.7 billion). Companies routinely paid kickbacks to the city transportation officials. An accountant from one company said they paid hundreds of thousands of yuan in “gratuities” each year to officials at the transportation bureau. “This is how all the companies do it,” he said.

Aside from the misery of taxi drivers and the loss of state revenues, the residents of capital were losers too. Wang’s investigation found that irrational fees, and particularly taxi portions, were the primary cause of higher taxi fares. If drivers were issued licenses for their own vehicles, Wang research showed, taxi fares would drop by about 30-40 percent.

TO PRINT, OR NOT TO PRINT?
Wang Keqin completed his investigative report in the middle of September. Once the draft was in the hands of his editors, the fight was to ensure the story was printed without major changes that lessened the impact of the report. Editors at China Economic Times had to weigh the implications of the story very carefully as it dealt with administrative corruption and mismanagement by the city-level government of the national capital.

The first issue to consider was timing. The inaugural session of the Sixteenth Party Congress was just days away. Political sensitivities were always heightened in the run-up to such meetings, as officials worried that negative press might sabotage their prospects for advancement. News reports even mildly critical of the leadership tended to evaporate during periods like this.

This particular political session was even more sensitive because there was widespread anticipation President Jiang Zemin would hand the reigns over to his successor Hu Jintao. There was additional speculation that a high-level Beijing city official would be elevated to the politburo, the elite group of China’s top 24 or so leaders. Attacking the Beijing city government at such a time was sure to make enemies. China Economic Times’ directorial board – comprising the paper’s chairman, editor-in-chief, and deputy editor-in-chief – worried that running Wang’s article might put not just their own positions but the newspaper’s future at risk.

The first suggestion the editors had was to run the report in seven sections over the period of a week, which might soften the political impact without compromising the story itself. Wang Keqin was adamantly against this idea. He argued that the first section would simply send up a red flag and officials would make sure the other six sections were never printed. While most of the editors agreed, running the full report was simply not an option, not at least on the eve of these important meetings. They decided to wait for the right opportunity.

In the meantime, Wang Keqin’s report had to be kept safe. They wanted to make sure word did not get out that they were sitting on a report about corruption in the Beijing government. They removed all record of the story from the newspaper’s internal computer network and agreed not to talk about the report to other staff.

Wang Keqin did not slow down. He knew, of course, that the report was dangerous and that it might take a show of unity to raise the stakes of administrative action against the newspaper and protect both himself and his editors. So he worked behind the scenes to solicit expert commentaries and supporting articles at other media that might bolster his own report when the time came. He convinced Xu Hui, an expert economist from the Chinese Academy of Social Sciences, to write a 4,000-word commentary about regulatory problems in China using the taxi industry as a case in point. Columnists at China Economic Times readied a similar critique. Wang also gathered together unused material from his investigation for a piece called “What the Experts Say”, which included his interviews with several academics.

The possibility of a libel suit was also a concern for the newspaper. It was increasingly common for officials to use the local courts, which were still not sufficiently independent from bureaucratic meddling, to restore their reputations. The editors wanted to make sure Wang Keqin’s report was as watertight as possible. In mid-November the editorial board, comprising the directorial board plus four additional editors, pored over Wang’s draft and consulted a lawyer. The lawyer went carefully through the facts, checking them against the pile of documentation Wang had provided. “I don’t see any legal problems here. The evidence is formidable”, he said.

The editors left the final changes up to Wang Keqin, who delivered a printed, staple-bound copy to the editor-in-chief, Bao Yueyang. Some editors continued to voice concerns, however. One of the biggest issues was whether taxi drivers might use Wang Keqin’s report as an occasion to stage a demonstration like those in years past. If the newspaper were seen to be tied in any way to social unrest, disciplinary action was virtually assured. The newspaper might be shut down and letters of self-criticism forced from its staff.

Wang Keqin assured the editors the taxi drivers would not stage demonstrations. “I know these guys well and I don’t think that’s how they will respond,” he said. Wang even sought to allay their fears by providing signed statements from a number of taxi drivers.

After debating the report for several days, the editorial board decided to draft an “article release” signed by all seven members. This sign-off process had already by computerized at China Economic Times, but drafting a physical release was both a way to show support for the story and keep it under wraps long enough to get it out safely. The final version went to Bao Yueyang’s office with six signatures. Bao added his own. “The Inside Story on the Beijing Taxi Cartel” was ready to run.

As Wang’s article ran off the presses that night, Bao Yueyang posted a message on China Economic Times’ bulletin board system (BBS): “This story, following the report on securities fraud in Lanzhou, is the second missile Wang Keqin has fired at corrupt government. For a story as truthful as this one it is only right for us to run a bit of risk.”

Finally, on December 6, 2002, the China Economic Times issue featuring Wang’s report was delivered to newsstands all over China.

THE AFTERMATH

Wang’s report was instantly successful at newsstands. In Beijing, copies of China Economic Times sold in some places for as much as 10 yuan (US$1.25) despite its one yuan cover price. In Hangzhou, Zhejiang province, copies sold for as high as 50 yuan (US$6). Within hours the report was on the Web. Sina.com, one of China’s top sites, logged an all-time record for online readers of a single news story. The office of China Economic Times was bombarded with phone calls from readers and taxi drivers wanting to thank the newspaper for a job well done. Wang Keqin even received calls from several taxi company managers who wanted to come clean with their own stories.
City officials did not share the enthusiasm. The transportation bureau issued an order against taxi drivers reading China Economic Times, and several newsstands around the city called the newsroom to say government agencies were buying up copies. At least one newsstand, at Beijing’s Capital International Airport, was shut down for offering copies of the newspaper. By evening Wang’s report was yanked from all major Web portals, including Sina.com and Sohu.com. The Central Propaganda Department phoned up news media to deliver a ban on all further coverage of the story or reprinting of the China Economic Times report.
Wang Keqin’s preparations ensure, though, that his was not the only voice on the issue. “It remains to be seen what impact, if any, the report will have on the city’s handling of the industry. But the article will clearly go down as a historic chapter in China’s effort to achieve regulatory reform,” wrote Xu Hui, the Chinese Academy of Social Sciences expert, in an editorial that accompanied Wang’s report. A China Daily editorial from well-know columnist Ma Li called the article “a fine example of watchdog journalism.”
Just over a week later, on December 14, Wen Jiabao, who was then vice-premier, issued an official response to Wang’ Keqin’s report: “The problems in our taxi industry can no longer be ignored. Government agencies are instructed to review the issue and propose reforms.” By the beginning of 2003, Premier Zhu Rongji had been handed an official report pointing to severe problems in the taxi industry and government offices were moving ahead with the drafting of reform proposals. Wang Keqin cooperated with Beijing University and the Chinese Academy of Social Sciences to help in drafting a new regulatory framework for the industry.
At China Economic Times editors saw Wang’s report as a major success, and Wen Jiabao’s public statement seemed the surest sign of the report’s impact.
But Chinese officials wanted to make it clear the newspaper should avoid similar stunts in the future. When China Economic Times submitted a request to propaganda officials to adjust its publication frequency later that year, the request was swiftly denied. The word back from top officials was curt and clear: “Who said you could do a report on Beijing’s taxi industry?”

Postscript< br/>
Wang Keqin originally gave his own account of this celebrated case a perplexing title: “A Down and Out Don Quixote”. The Quixote allusion, strange though it may seem at first, is familiar to investigative reporters in China. The most tenacious investigative reporters in China see themselves as crusaders for social justice battling a system that constantly frustrates this goal. One Quixote episode in particular has become symbolic of that single-minded quest. In that episode of the Cervantes classic, Don Quixote launches a futile attack with his lance against a group of windmills, imagining they are giants that must be defeated. For Chinese investigative reporters the windmill stands in for the daunting sum of obstacles to justice – entrenched local power, government secrecy, organized crime, the Propaganda Department. Their sense of social conscience spurs them into action and the hopeless joust begins.
China Youth Daily reporter Lu Yuegang, removed from his position at the weekly newspaper supplement Freezing Point in January 2006, recalls how his editor, Zhou Zhichuan, said to him while they were investigating a story in Shaanxi in the late 1990s: “The world doesn’t need just one Don Quixote. It needs a whole troupe of Quixotes”. Lu Yuegang and Zhou Zhichuan were searching at the time for evidence in the case of Wu Fang, a countrywoman who had been viciously attacked with acid under the orders of a powerful local Party official. Lu Yuegang had devoted months to the case, and was already embroiled in a libel suit resulting from his first investigative report. But for Lu Yuegang, there was so much more than just a story at stake. The journalist wanted justice for Wu Fang, and by extension, he said, all Chinese. The case consumed his personal and professional life.
It is no secret that China’s economic boom has created prosperity for some while compounding the misery of others. For those who have lost out, there are few means of conciliation. Public awareness of the legal system as a form of recourse is growing. But China’s legal system still lacks the independence needed to balance the interests of ordinary people against those of officials, who often manipulate the legal system. The only other formal avenue for seeking justice is a process called shangfang (上访), or seeking an audience with higher authorities to appeal for help. This often entails traveling hundreds or thousands of miles to the complaints office of a regional capital, where a petitioner must wait for days, weeks or months for the opportunity to meet with an official. The highest office for complaints is the national Bureau of Letters and Calls, under the umbrella of the State Council. It regularly finds itself besieged by crowds of petitioners from all around the country waiting, often to no end, to voice their grievances.
Given the inadequacy of the legal and shangfang systems, many average Chinese turn to the media to plead their cases. In some instances, disfranchised rural communities or individuals view the reporter as a godsend, a miracle worker who can convey their appeal for justice to higher authorities.
Wang Keqin recalls that one of the most pivotal moments in his journalism career was a stint as a reporter in a remote region of his native Gansu province, where hundreds of desperate farmers dropped to the ground before him, weeping and pleading for intervention. Faced with such a situation, says Zhai Minglei, a former investigative reporter with Southern Weekend, the notion of impartial reporting simply crumbles away. The reporter is affected on a deeply human level, and unwittingly becomes an advocate.
Other investigative reporters have had experiences similar to Wang’s. After journalist Yang Haipeng wrote an investigative report for Southern Weekend about criminal gangs monopolizing a local fishing industry, regional police teams broke up the racket. Fisherfolk of the area expressed their profound gratitude to Yang by erecting an effigy of him in their local temple.
It’s not hard to imagine that situations like these intensify the reporter’s sense of personal heroism.
The hero complex is further compounded by the experience of being cast out of the dominant media culture for brazen risk taking. Working for a government-run newspaper in the Gansu’s capital city of Lanzhou, Wang Keqin wrote a devastating report on shady dealings in the local financial market that had robbed thousands of small-time investors of their hard-earned yuan. Parties involved in the scam responded by putting a price on Wang’s head. The newspaper did nothing to protect him. Undaunted, Wang Keqin next wrote a hard-hitting report destroying the careers of several local officials. His knack for nosing out scandals was becoming dangerous for his newspaper. Wang was fired by editors who were themselves under intensifying political pressure. Even friends and former colleagues turned away from him. After searching three months for a job without success, he joined hundreds of other Chinese lined up outside the government offices in Lanzhou waiting to make a personal plea to complaints officials.
Apart from political and social pressures, the economic realities of the newspaper business in China are another significant obstacle to quality investigative journalism. Payment systems at most Chinese media are not designed to encourage investigative reporters determined to take on tough assignments.
Instead, journalists are generally paid under a piece-rate system. With administrative and budgetary limits placed on the hiring of necessary staff, some media must resort to forms of payment classified as “costs” rather than “wages”. These include “article payments” (搞费), which are per-word payments based on words published, and “reimbursement” (报销), by which a reporter is reimbursed in cash for personal expense receipts to an amount agreed outside the employment contract.
This system has the added effect of creating distinct hierarchies in some media organizations between official hires, who are entitled to fixed salaries, benefits and insurance, and those who are paid mostly or entirely on the basis of output. Payment procedures vary a great deal between organizations, but the vast majority of journalists are paid by a piece-rate system, and a lengthy reporting assignment can mean great personal sacrifice.
Even for Wang Keqin, a veteran reporter with a decent salary, the time-consuming reportage for the Beijing taxi story meant severe financial strain. When assigned to the taxi story, his monthly wage was 1,200 yuan (US$145), just enough to cover the barest necessities in a city where a small apartment at the time cost about 1,500 yuan (US$180) a month. Ordinarily, Wang could expect to supplement his salary with income from published articles – 60 yuan (US$7.25) each. Accepting an investigative assignment meant he would have to get by without this additional income. Moreover, it was China Economic Times’ policy not to reimburse interview costs such as transportation for stories that required only local reporting.
Considering all of these challenges together – immense social injustices to tackle, dangers to the reporter’s personal safety and career prospects, a sense of professional isolation, etcetera – many investigative reporters have developed what former investigative reporter Zhai Minglei calls “hero’s sickness”. “Deviant times and needs have made for deviant heroes”, says Zhai.
Looking back several years after Wang’s report, a thorough work of investigative reporting on an issue of public concern (and direct relevance to the lives of more than two million Chinese taxi drivers and their families), it can be said, unfortunately, that it had little impact on policy making. The issue fizzled into China’s bureaucracy. Undeterred, Wang Keqin continued to research the taxi industry nationwide, but said in late 2004 that little progress had been made in addressing the institutional causes of injustices facing the drivers. Wang Keqin has gone on to do other important investigative reports, including one in late 2005 on HIV-AIDS in the city of Xingtai in Henan Province, and a lengthy report on the beating death of China Trade News reporter Lan Chengzhang in February 2007.

Lu Yuegang Letter of Protest to Head of Chinese Communist Youth League

Following an address to employees at China Youth Daily newspaper by the secretary of the Standing Committee of the Chinese Communist Youth League, Zhao Yong, in which the official lectured the journalists on proper discipline, Lu posted the following letter on the paper’s internal server. It was subsequently leaked to the outside, become an international news story.
The translation of Lu Yuegang’s letter that follows is provided by Roland Soong at ESWN:
———————–
An Open Letter to Zhao Yong, Secretary of the Standing Committee of the Chinese Communist Youth League
To Zhao Yong:
We must have a honest discussion. On the afternoon of May 24th, 2004, you delivered a speech at the meeting with the middle-level cadres of the China Youth Daily, and you disappointed many colleagues including me extremely. As the representative of the current central secretariat, you created a bad image for the China Youth Daily. You looked like a petty official who “began to issue orders once you got a little power.” In your speech, you communicated many messages. But after eliminating the lies, the clichés and the dishonesties, there are three main points: (1) anyone who does not obey can get out of the door immediately, even though your original words were: “Anyone who doesn’t want to work can turn in the resignation letter and it will approved on the same day”; (2) the China Youth Daily is the newspaper of the League, and not an “abstract large newspaper”; (3) the newspaper cannot be operated on the basis of “idealism.” Your speech was full of hectoring, intimidations and ignorance.
On the first point, all the China Youth Daily colleagues who listened to your lecture realized that you were not making a tough threat. You were simply recounting the events that had already taken place. The treatment of Assistant Editor-in-Chief Fan Yung-sun, “Youth Ideas” editor Liang Ping and reporter Zhen Qiyan were obviously instances of “killing the chickens to show the monkey” to clean house, and this has created a great deal of confusion among the staff.
[Click HERE for full translation]

“An Absurd Decision Reflects A Crisis of Confidence in the Judicial System”

Translated by Donald Clarke
At 1:30 p.m. on March 19, 2004, the Beijing No. 1 Intermediate Court handed down its appellate ruling in the administrative case of Li Jian versus the Beijing Municipal Communications Regulation Bureau (CRB). It rejected his appeal “according to the law” and upheld the administrative ruling of the Xuanwu court. This “legally effective” ruling is no different from declaring that in the face of certain government actions that abuse power, citizens don’t even have the right to sue!
[Click HERE for PDF of Donald Clarke’s full translation]

“Cold Considerations: Who Should Monitor the Media?” [CHINESE]

In this 2004 essay, Lu Ye explores what has become a recurring question in the age of commercialized media in China: who should watch the media? The question is given urgency by such phenomena as fake news, paid-for news and news extortion, but also complicated by China’s ongoing legacy of censorship. Lu Ye seeks the answer to her question in Western notions of journalistic professionalism:
“The press councils of the West are specific manifestations of Western principles of journalistic professionalism. The professional principles that serve as credos for the Western news profession are the ideological basic for self-discipline by Western media. They are a mode of social control based on professional knowledge, with the goal of serving the whole of society, and exercising self-discipline via a professional peer community. ” [LINK HERE]

“Acid Test”, TIME magazine coverage of Lu Yuegang story, “The Strange Affair of the Destroyed Face”

The moment the light went off in the small room in Fenghuo village, Wu Fang knew something terrible was going to happen to her. Three women from the village rushed in, knocked Wu Fang to the floor and began stripping her. Then her husband threw sulfuric acid on her face, chest and thighs. She let out a long cry. The women held her down, spreading acid over her face and breasts, disfiguring her horribly for the rest of her life. Twelve years later, she still seeks words for the pain: “It was like being thrown into the sky and hurled around.”
[Click HERE to read the story at TIME.com]

  • 1
  • 2