The COVID-19 response of China was not generally different than those of other countries – social distancing, contact tracing, lockdown, vaccination – however, Chinas authorities restricted the spread more effectively and prevented the second and third wave that nearly every other country experienced. Primarily responsible for this success was the very early and rigorously implementation of the measures above – however, the costs to achieve the currently low numbers were high. Since the early days of the pandemic until today, Beijing has strictly enforced limitations of civil liberties, accepting – and, as I will show in the following, even intending – violations of human rights and freedom of expression as well as increased inequality and discrimination of marginalized and especially vulnerable groups.
In this Policy Critique I will focus on two laws which criminalize the disruption of the public order in the analogous life and in the cyberspace which can be seen as new kind of public place. I argue that Article 293 of the "Chinese Criminal Law" and the set of cyberspace guidelines known as "Provisions on the Governance of the Online Information Content Ecosystem" were misused to suppress objective reporting and free speech during the COVID-19 pandemic.
For this I will provide some background information about the original intention of the laws and the problems they were designed to address as well as about the general situation of press freedom in China and its position on relevant treaties of the United Nations (UN). Afterwards, I examine their application and effectiveness during the first months of the Coronavirus pandemic. Using several examples of policies that based on those laws, I will show how they were misused to suppress the freedom of expression of the Chinese population, especially affecting medical staff, journalists, and human rights activists. In the following I will evaluate China’s use of those policies, including potential consequences for neighboring countries and recommended reactions of the international community before I end with a short conclusion.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Issue
- Background
- "Criminal Law of the People's Republic of China", Article 293
- "Provisions on the Governance of the Online Information Content Ecosystem"
- General situation of media freedom in China
- China's position on international treaties
- Application and Problems
- Evaluation
- Conclusion
- References
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This policy critique examines how two Chinese laws, Article 293 of the Criminal Law and the Provisions on the Governance of the Online Information Content Ecosystem, were misused to suppress free speech and objective reporting during the COVID-19 pandemic. The analysis investigates the original intent of these laws, their application during the pandemic, and the consequences for freedom of expression, particularly affecting medical professionals, journalists, and human rights activists.
- Misuse of Chinese law to suppress free speech during the COVID-19 pandemic.
- The impact of these laws on the freedom of expression of medical professionals, journalists, and human rights activists.
- Analysis of the original intent of Article 293 of the Criminal Law and the Provisions on the Governance of the Online Information Content Ecosystem.
- Examination of the general situation of press freedom in China.
- Evaluation of the effectiveness and consequences of China's policies.
Zusammenfassung der Kapitel (Chapter Summaries)
Introduction: This introduction sets the stage by highlighting President Xi Jinping's acknowledgement of the pandemic as a crisis and a test. It contrasts China's relatively low official active COVID-19 case numbers with the global situation, attributing this to the early and rigorous implementation of pandemic control measures. However, it emphasizes that this success came at the cost of civil liberties and human rights. The critique focuses on Article 293 of the Chinese Criminal Law and the Provisions on the Governance of the Online Information Content Ecosystem, arguing their misuse to suppress objective reporting and free speech.
Issue: This section details Article 293 of the "Criminal Law of the People's Republic of China," outlining the behaviors it criminalizes, including those that disrupt public order. It then introduces the "Provisions on the Governance of the Online Information Content Ecosystem," explaining how this framework, enacted in 2020, consolidated cyberspace regulations and allows for increased control over online content. The chapter argues that during the pandemic, these legal frameworks were used to suppress dissent and restrict the flow of information.
Background: This section delves into the background of both legal frameworks. It explains that Article 293, while originally intended to maintain public order by preventing physical attacks and vandalism, was misused to suppress behaviors not necessarily harmful to society, but threatening to the government's stability and reputation. Concerning the "Provisions," the chapter explains the structure and authority of the Cyberspace Administration of China (CAC), highlighting its direct connection to the Communist Party and President Xi Jinping. It discusses the framework's distinction between encouraged and prohibited online content, showing how the latter's broad wording allows suppression of information critical of the government.
General situation of media freedom in China: This section discusses the consistently low ranking of China in the "Freedom of the Media Index" by Reporters Without Borders (RSF), emphasizing the worsening press freedom situation, particularly under Xi Jinping's presidency. It notes the Chinese government's efforts to control information flow through censorship and filters while simultaneously exploiting the internet for propaganda and population control.
Schlüsselwörter (Keywords)
COVID-19 pandemic, China, free speech, censorship, Article 293, Criminal Law, Provisions on the Governance of the Online Information Content Ecosystem, Cyberspace Administration of China (CAC), press freedom, human rights, public order, Xi Jinping.
FAQ: Policy Critique of Free Speech Suppression in China During the COVID-19 Pandemic
What is the main focus of this policy critique?
This critique examines how two Chinese laws – Article 293 of the Criminal Law and the Provisions on the Governance of the Online Information Content Ecosystem – were misused to suppress free speech and objective reporting during the COVID-19 pandemic. It investigates the laws' original intent, their application during the pandemic, and the consequences for freedom of expression, especially affecting medical professionals, journalists, and human rights activists.
Which specific laws are analyzed in this critique?
The critique focuses on Article 293 of the "Criminal Law of the People's Republic of China" and the "Provisions on the Governance of the Online Information Content Ecosystem". The analysis explores how these legal frameworks were utilized to suppress dissent and control the flow of information related to the pandemic.
What is the original intent of Article 293 of the Criminal Law?
Article 293 was initially intended to maintain public order by preventing actions like physical attacks and vandalism. However, the critique argues that it was misused to suppress behaviors not necessarily harmful to society but perceived as threatening to the government's stability and reputation.
What is the role of the "Provisions on the Governance of the Online Information Content Ecosystem"?
Enacted in 2020, these provisions consolidated cyberspace regulations, granting increased control over online content. The critique highlights how its broad wording allows the suppression of information critical of the government.
What is the role of the Cyberspace Administration of China (CAC)?
The CAC, directly connected to the Communist Party and President Xi Jinping, plays a crucial role in enforcing the "Provisions on the Governance of the Online Information Content Ecosystem," determining what online content is permitted and prohibited.
What is the general situation of media freedom in China?
China consistently ranks low in press freedom indices. The critique notes a worsening situation, particularly under Xi Jinping's presidency, with the government controlling information flow through censorship and filters while using the internet for propaganda and population control.
What are the key themes explored in this critique?
Key themes include the misuse of Chinese law to suppress free speech during the COVID-19 pandemic; the impact on the freedom of expression of medical professionals, journalists, and human rights activists; analysis of the original intent of the two laws; examination of the general situation of press freedom in China; and evaluation of the effectiveness and consequences of China's policies.
What is the overall argument of this policy critique?
The critique argues that China's success in controlling the COVID-19 pandemic came at the cost of civil liberties and human rights, with the misuse of existing legal frameworks to suppress dissent and restrict the flow of information.
What are the key words associated with this policy critique?
COVID-19 pandemic, China, free speech, censorship, Article 293, Criminal Law, Provisions on the Governance of the Online Information Content Ecosystem, Cyberspace Administration of China (CAC), press freedom, human rights, public order, Xi Jinping.
Where can I find more information on this topic?
The full text of the policy critique provides detailed chapter summaries, including an introduction, background information, analysis of the legal frameworks, and a conclusion. It also includes a list of references.
- Quote paper
- Ariatani Wolff (Author), 2021, Policy Critique. Human Rights Violations in China, Munich, GRIN Verlag, https://www.grin.com/document/1161886
