Legal and Regulatory Frameworks
Although China’s constitution formally guarantees freedom of expression and publication 66 and the protection of human rights, 67 legal and administrative regulations
ensure that the Chinese Communist Party will be supported in its attempt at strict supervision of all forms of online content. The Internet has been targeted for monitoring
since before it was even commercially available, 68 and the government seems intent on
keeping regulatory pace with its growth and development.
Underlying all regulation of the Internet is a pantheon of proscribed content.
Citizens are prohibited from disseminating between nine and eleven categories of
content that appear consistently in most regulations 69 ; all can be considered subversive and trigger fines, content removal, and criminal liability. 70 Illegal content,
although broadly and vaguely defined, provides a blueprint of topics the government
considers sensitive, including endangering national security and contradicting officially accepted political theory, conducting activities in the name of an illegal civil
organization, and inciting illegal assemblies or gatherings that disturb social order. 71
Campaigns directed at cracking down on the perceived harmful societal effects of
Internet development have been both publicly mobilized and opaquely implemented,
but the latter are no less of a reality. The severity of Internet content control also fluctuates during different time periods, especially those buffering politically sensitive
events. For example, an official announcement from the General Administration of
Press and Publications stating that ‘‘a healthy and harmonious environment for a
successful Seventeenth Party Congress’’ would be encouraged by stamping out ‘‘illegal
news coverage’’ and ‘‘false news’’ precipitated a crackdown on political news reporting,
commentary, and Internet discussion through the close of the Party Congress in October. 72 In those sensitive months, authorities closed 18,401 ‘‘illegal’’ Web sites and targeted Internet data centers, the physical computers that private firms rent to offer
online interactive features. 73
On January 5, 2009, seven ministries (including the Ministry of Public Security and
the Ministry of Culture) were convened by the State Council Information Office (SCIO)
to discuss selected activities for repairing the flood of ‘‘vulgar’’ (disu) content on the
Internet that harms the minds and bodies of youth. 74 The crackdown was soon
extended to include cell phone messages, online games and novels, videos, and radio
programs; by January 23, the China Internet Illegal Information Reporting Center
(CIIRC) had received nearly 19,000 reports of harmful content, leading authorities to
shut down 1,250 illegal Web sites and to delete more than 3 million items. 75 The targeting of vulgar and pornographic content also netted some political casualties, notably the blog service provider Bullog.cn (Niubo), founded in 2006 by blogger Luo
Yonghao. Bullog, which had become an important platform for liberal-leaning intellectuals and political bloggers, was shut down on January 9, 2009, for ‘‘picking up
456
China
Although China’s constitution formally guarantees freedom of expression and publication 66 and the protection of human rights, 67 legal and administrative regulations
ensure that the Chinese Communist Party will be supported in its attempt at strict supervision of all forms of online content. The Internet has been targeted for monitoring
since before it was even commercially available, 68 and the government seems intent on
keeping regulatory pace with its growth and development.
Underlying all regulation of the Internet is a pantheon of proscribed content.
Citizens are prohibited from disseminating between nine and eleven categories of
content that appear consistently in most regulations 69 ; all can be considered subversive and trigger fines, content removal, and criminal liability. 70 Illegal content,
although broadly and vaguely defined, provides a blueprint of topics the government
considers sensitive, including endangering national security and contradicting officially accepted political theory, conducting activities in the name of an illegal civil
organization, and inciting illegal assemblies or gatherings that disturb social order. 71
Campaigns directed at cracking down on the perceived harmful societal effects of
Internet development have been both publicly mobilized and opaquely implemented,
but the latter are no less of a reality. The severity of Internet content control also fluctuates during different time periods, especially those buffering politically sensitive
events. For example, an official announcement from the General Administration of
Press and Publications stating that ‘‘a healthy and harmonious environment for a
successful Seventeenth Party Congress’’ would be encouraged by stamping out ‘‘illegal
news coverage’’ and ‘‘false news’’ precipitated a crackdown on political news reporting,
commentary, and Internet discussion through the close of the Party Congress in October. 72 In those sensitive months, authorities closed 18,401 ‘‘illegal’’ Web sites and targeted Internet data centers, the physical computers that private firms rent to offer
online interactive features. 73
On January 5, 2009, seven ministries (including the Ministry of Public Security and
the Ministry of Culture) were convened by the State Council Information Office (SCIO)
to discuss selected activities for repairing the flood of ‘‘vulgar’’ (disu) content on the
Internet that harms the minds and bodies of youth. 74 The crackdown was soon
extended to include cell phone messages, online games and novels, videos, and radio
programs; by January 23, the China Internet Illegal Information Reporting Center
(CIIRC) had received nearly 19,000 reports of harmful content, leading authorities to
shut down 1,250 illegal Web sites and to delete more than 3 million items. 75 The targeting of vulgar and pornographic content also netted some political casualties, notably the blog service provider Bullog.cn (Niubo), founded in 2006 by blogger Luo
Yonghao. Bullog, which had become an important platform for liberal-leaning intellectuals and political bloggers, was shut down on January 9, 2009, for ‘‘picking up
456
China