The first litigation to be launched over human flesh search engines also tested how
Internet libel would be dealt with under Chinese law. A Beijing woman named Jiang
Yan had committed suicide in December 2007, months after learning about her husband Wang Fei’s infidelity. 140 According to her instructions, posts from the blog diary
she left recounting her ordeal were published posthumously by major Web portals, and
Wang’s anonymous human flesh search engine critics went to work publishing her
husband’s name, address, and other personal details. 141 In March 2008, after he was
publicly condemned, harassed, and fired from his job, Wang sued the classmate of his
wife who had posted her blog on his Web site and the portals Daqi.com and Tianya. In
December, after convening a rare panel of 54 judges, a Beijing court ruled in Wang’s
favor, finding that the classmate and Daqi violated Wang’s rights of privacy and reputation, ordering them to pay a total of almost USD 1,200 in damages for emotional distress, remove the posts, and apologize. 142 However, since Wang admitted to his
infidelity, the court did not find that Wang had been slandered. It also exonerated
Tianya, which had acted ‘‘appropriately’’ by deleting a user post containing Wang’s
personal information upon his request. 143 Interestingly, after issuing its judgment the
Beijing district court held a press conference to recommend that the MIIT use technology to monitor Internet speech and prevent similar infringements. 144
While one legal scholar argued that the Chinese legal system ‘‘weighs privacy pretty
heavily against free speech, even when the speech is truthful,’’ 145 the relatively low
fine may not act as quite as strong a deterrent as plaintiffs like Wang may desire. However, the legal system has become increasingly responsive to those who feel victimized
by the human flesh search engines, especially corrupt officials. In March 2009, the
Standing Committee of the National People’s Congress approved an amendment to
the Criminal Law that would punish government and corporate employees with access
to personal data who illegally obtain, sell, or leak such information, while Xuzhou city
in Jiangsu province became the first jurisdiction to prohibit the dissemination of
others’ personal information on the Internet. 146
Surveillance
The government has continued to refine Internet surveillance mechanisms to closely
track individuals’ online activities. 147 In November 2006, the Ministry of Public Security announced the completion of the essential tasks of constructing the first stage of its
‘‘Golden Shield’’ project, which is a digital national surveillance network with almost
complete coverage across public security units nationwide. 148 Despite the vagueness
of public pronouncements on the implementation of the Golden Shield, the surveillance efforts of local governments, as well as organizations delegated responsibility for
surveillance such as schools and ICPs, are clearly becoming more sophisticated. Since
China
463
Internet libel would be dealt with under Chinese law. A Beijing woman named Jiang
Yan had committed suicide in December 2007, months after learning about her husband Wang Fei’s infidelity. 140 According to her instructions, posts from the blog diary
she left recounting her ordeal were published posthumously by major Web portals, and
Wang’s anonymous human flesh search engine critics went to work publishing her
husband’s name, address, and other personal details. 141 In March 2008, after he was
publicly condemned, harassed, and fired from his job, Wang sued the classmate of his
wife who had posted her blog on his Web site and the portals Daqi.com and Tianya. In
December, after convening a rare panel of 54 judges, a Beijing court ruled in Wang’s
favor, finding that the classmate and Daqi violated Wang’s rights of privacy and reputation, ordering them to pay a total of almost USD 1,200 in damages for emotional distress, remove the posts, and apologize. 142 However, since Wang admitted to his
infidelity, the court did not find that Wang had been slandered. It also exonerated
Tianya, which had acted ‘‘appropriately’’ by deleting a user post containing Wang’s
personal information upon his request. 143 Interestingly, after issuing its judgment the
Beijing district court held a press conference to recommend that the MIIT use technology to monitor Internet speech and prevent similar infringements. 144
While one legal scholar argued that the Chinese legal system ‘‘weighs privacy pretty
heavily against free speech, even when the speech is truthful,’’ 145 the relatively low
fine may not act as quite as strong a deterrent as plaintiffs like Wang may desire. However, the legal system has become increasingly responsive to those who feel victimized
by the human flesh search engines, especially corrupt officials. In March 2009, the
Standing Committee of the National People’s Congress approved an amendment to
the Criminal Law that would punish government and corporate employees with access
to personal data who illegally obtain, sell, or leak such information, while Xuzhou city
in Jiangsu province became the first jurisdiction to prohibit the dissemination of
others’ personal information on the Internet. 146
Surveillance
The government has continued to refine Internet surveillance mechanisms to closely
track individuals’ online activities. 147 In November 2006, the Ministry of Public Security announced the completion of the essential tasks of constructing the first stage of its
‘‘Golden Shield’’ project, which is a digital national surveillance network with almost
complete coverage across public security units nationwide. 148 Despite the vagueness
of public pronouncements on the implementation of the Golden Shield, the surveillance efforts of local governments, as well as organizations delegated responsibility for
surveillance such as schools and ICPs, are clearly becoming more sophisticated. Since
China
463