中国法律博客
ChinaLegalBlog.com
Chinese Authorities Amend Draft Law’s Ban on Media Reporting of "Sudden Incidents"
媒体来源: 中国法律博客

Chinese authorities have amended the ban on media
reporting of "sudden incidents" in the draft "Law on Responding to Sudden
Incidents" currently under consideration by the National People’s Congress for
the second time. The first version of
the proposed law had incited significant public and media criticism in 2006 for
its ban on media outlets "independently issuing information" related to "sudden
incidents,"such as natural disasters, public health emergencies, and social
unrest. 

The new draft law removes the ban on "independently
issuing information" regarding sudden incidents, and replaces it with a ban on
the dissemination of "false information" regarding sudden incidents, according
to a June 24 Xinhua article.
This may reflect an effort by Chinese
officials to respond to public opposition regarding the original draft
language, and some recognition of the positive role that
independent media reporting can play in exposing severe governance
abuses by local officials. But it also reflects the desire of Chinese central officials to maintain checks over media reporting on
sensitive public issues.

The language of the new draft law provides that "no work
unit or individual should manufacture and disseminate false information related
to sudden incidents or the work of responding to them, nor should they
knowingly disseminate false information regarding sudden incidents or the work
of responding to them," according to the Xinhua report. In cases where such
reporting results in "serious consequences,"the operating license of the
violator is to be suspended (for media outlets) and administrative sanctions
applied (for relevant government officials).  The earlier version of the draft law provided that media which "independently issued information related to the handling or development of sudden incidents, or which reported falsely" would be subject to sanctions, according to a June 25 Beijing News article.

Other amendments to the draft law suggest that central
authorities are interested in harnessing the media as a tool to expose local
governance problems. The new draft law removes the requirement of the older version that local government authorities
responding to "sudden incidents" should also undertake the "management of
relevant media reporting," according to the Xinhua article. The draft law would punish local
authorities who cover up or fail to report sudden incidents to central
authorities, according to a June 25 Xinhua article reposted on the website
of the Chinese central government's website. Chinese central authorities have been repeatedly shaken in recent years
by scandals in which local Party officials have used their extensive controls
over the local media and government to conceal widespread corruption and
abuse.

Editorials in Chinese state media outlets and
independent-leaning publications have hailed the revisions to the draft law as
an advance for media freedom in China, according to a June 26 post (and English
language translations of relevant editorials) by the China Media Project.  But it is unclear to what extent the revised draft law,
even if passed, would actually affect the extensive controls that Chinese Party authorities exercise over the Chinese press.