Defamation, Invasion of Privacy, and the Press in the People's Republic of China

Abstract

ARTICLES DEFAMATION, INVASION OF PRIVACY, AND THE PRESS IN THE PEOPLE'S REPUBLIC OF CHINA Hilary K. Josephst I. INTRODUCTION The degree of media participation and reporting of the Democ- racy Movement demonstrations in the spring of 1989' distinguished the Movement from other incidents of civil unrest since 1949.2 For perhaps the first time since the founding of the People's Republic of China, the news media reported on significant events not as the government leadership wished, but as they occurred. Because an independent press plays a critical role in the creation and mainte- nance of democratic political institutions, the Chinese media acts as an important element in the development of representative govern- t Professor of Law, Syracuse University College of Law. The author would like to acknowledge the generous support of the Syracuse University College of Law and the U.S. Committee on Legal Education Exchange with China. The Institute of Law of the Chinese Academy of Social Sciences was most hospitable during a research visit in July 1992. To Zhang Xinbao, my mentor in the subject of Chinese tort law, and my research assistants Michael Laws and Josh McKniff I owe a debt of gratitude. However, all errors that remain are my own. 1. See generally Hilary K. Josephs, The Chinese Democracy Movement in US. Perspective, 10 UCLA PAC. BASIN L.J. 285 (1992). 2. See generally Seth Faison, The Changing Role of the Chinese Media, in THE CHINESE PEOPLE'S MOVEMENT: PERSPECTIVES ON SPRING 1989, at 145 (Tony Saich ed., 1990); Judy Polumbaum, The Tribulations of China's Journalists After A Decade of Reform, in VOICES OF CHINA 33 (Chin-Chuan Lee ed., 1990); Andrew G. Walder, The Political Sociology of the Beijing Upheaval of 1989, PROBS. OF COMMUNISM, Sept.-Oct. 1989, at 30; ANDREW J. NATHAN, CHINESE DEMOCRACY 152-92 (1986). The press had ambivalent feelings about the proposed enactment of a press law, on the one hand viewing it as a source of protection and on the other as a potential instrument of repres- sion. The reasons for this ambivalence have been borne out by the issuance of adminis- trative regulations which explicitly subject the press to registration requirements and prior restraints. See First Provisions on Press Management Promulgated, BBC Summary of World Broadcasts, Mar. 15, 1991, available in LEXIS, Nexis Library, BBCSWB File.