References: Chapter 2 of the Constitution of People's Republic of China

Peer Review Comments: Although the constitution recognizes citizen's freedom of speech and of press, Regulations on the Administration of Publication, which was issued by the State Council on Dec. 25, 2001, and has been effective since Jan. 1, 2002, and Interim Provisions on the Responsibilities of the Host Unit and the Department in Charge of the Publication Entity, which was issued by the General Administration of Press and Publication on June 29, 1993, and has been effective since June 29, 1993, only give exclusive right to government organs at or above the county level to form a print media entity. Such a government-sponsored application must be first examined and approved by a provincial-level government publication administration and then approved by the State Council publication administration before obtaining a publication license. Some Decisions of the State Council on the Entry of the Non-public-owned Capital into the Cultural Industry issued and effective on April 13, 2005, bluntly ban private capital from investing in the press, newspapers, magazines, journals, radio and television stations, and any cultural entities specialized in importing print medium, films and audio-video. Therefore, Chinese citizens are not free to form a print media.

Suggested other references: 1. Regulations on the Administration of Publication [ LINK ] 2. Interim Provisions on the Responsibilities of the Host Unit and the Department in Charge of the Publication Entity [ LINK ] 3. Some Decisions of the State Council on the Entry of the Non-public-owned Capital into the Cultural Industry [ LINK ]

References: Article 35 of the Constitution of People's Republic of China

Peer Review Comments: 30 years ago it was unthinkable to voice negative comments on the president and national policies even among your friends. Nowadays, you are free to do so even in the public. Such negative remarks about the president have been neither published in those newspapers, magazines and journals nor aired in the radio and television stations that are state-owned. Negative comments on national policies sometimes appear in the media after the media self-censorship screening. Although freedom of speech is recognized in the constitution, some Decisions of the State Council on the Entry of the Non-public-owned Capital into the Cultural Industry issued and effective on April 13, 2005, bluntly ban private capital from investing in the press, newspapers, magazines, journals, radio and television stations, and any cultural entities specialized in importing print medium, films and audio-video. Therefore, the Chinese legal framework does not guarantee citizens' freedom of speech.

Suggested other references: 1. Regulations on the Administration of Publication [ LINK ] 2. Interim Provisions on the Responsibilities of the Host Unit and the Department in Charge of the Publication Entity [ LINK ] 3. Some Decisions of the State Council on the Entry of the Non-public-owned Capital into the Cultural Industry [ LINK ]

References: 1: "The Restrictions of Media Should Be Lifted" China Youth Daily, June 26, 2007 [ LINK ]

2): Interview Mr. Gao Yan, Deputy director of Unirule Institute of Economics, Aug. 13, 2007

Peer Review Comments: You cannot form a media organization without government permission. To publish a newspaper, magazine or book, you must have a license.

Peer Review Comments: In practice, it is impossible to form a private and independent print media entity in China because every print media entity must have at least one governmental sponsor as its host unit and must receive approval both of a provincial-level government publication administration and then of the State Council publication administration before obtaining a publication license. In other words, it is only possible for a government organ to apply for a print media license. The Chinese government has introduced some small changes into the media sector by allowing private as well as foreign investment into the distribution of print medium, but it still bans private capital from investing in the press, newspapers, magazines, journals, radio and television stations, and any cultural entities specialized in importing print medium, films and audio-video.

Suggested references: 1. Regulations on the Administration of Publication [ LINK ] 2. Interim Provisions on the Responsibilities of the Host Unit and the Department in Charge of the Publication Entity [ LINK ] 3. Measures for the Administration of Foreign-Funded Distribution Enterprises of Books, Newspapers, and Journals [ LINK ] 4. Some Decisions of the State Council on the Entry of the Non-public-owned Capital into the Cultural Industry [ LINK ]

References: Two laws concerning this question, the Regulation of Publications issued by the General Administration of Press and Publication of P. R. China and State Coucile in 2001 prescribed the right of print media from illegal interferance from government. The Administrative License Law of the Peoples Republic of China valid through July 1, 2004 gives the legal protection of appeal. Any people and organization can go to court to require a review on the executive's actions using this law.

Peer Review Comments: Readers should bear in mind that in China it is only possible for a government organ to apply for a print media license.

References: 1): Interview Mr. Gao Yan, Deputy director of Unirule Institute of Economics, Aug. 13, 2007

Peer Review Comments: It's very difficult to get a license, and impossible in the case of a publication of any sensitive nature.

Peer Review Comments: In practice, it is impossible to form a private and independent print media entity in China because every print media entity must have at least one governmental sponsor as its host unit and must receive approval both of a provincial-level government publication administration and then of the State Council publication administration before obtaining a publication license. In other words, it is only possible for a government organ to apply for a print media license. The Chinese government has introduced some small changes into the media sector by allowing private as well as foreign investment into the distribution of print medium, but it still bans private capital from investing in the press, newspapers, magazines, journals, radio and television stations, and any cultural entities specialized in importing print medium, films and audio-video.

Suggested other references: 1. Regulations on the Administration of Publication [ LINK ] 2. Interim Provisions on the Responsibilities of the Host Unit and the Department in Charge of the Publication Entity [ LINK ] 3. Measures for the Administration of Foreign-Funded Distribution Enterprises of Books, Newspapers, and Journals [ LINK ] 5. Some Decisions of the State Council on the Entry of the Non-public-owned Capital into the Cultural Industry [ LINK ]

References: Interview Mr. Gao Yan, deputy director of Unirule Institute of Economics, Aug. 13, 2007

Peer Review Comments: In practice, it is impossible to form a private and independent print media entity in China because every print media entity must have at least one governmental sponsor as its host unit and must receive approval both of a provincial-level government publication administration and then of the State Council publication administration before obtaining a publication license. In other words, it is only possible for a government organ to apply for a print media license. The Chinese government has introduced some small changes into the media sector by allowing private as well as foreign investment into the distribution of print medium, but it still bans private capital from investing in the press, newspapers, magazines, journals, radio and television stations, and any cultural entities specialized in importing print medium, films and audio-video.

Suggested other references: 1. Regulations on the Administration of Publication [ LINK ] 2. Interim Provisions on the Responsibilities of the Host Unit and the Department in Charge of the Publication Entity [ LINK ] 3. Measures for the Administration of Foreign-Funded Distribution Enterprises of Books, Newspapers, and Journals [ LINK ] 6. Some Decisions of the State Council on the Entry of the Non-public-owned Capital into the Cultural Industry [ LINK ]

References: According to Article 10 of the Regulation of Radio and Broadcast issued by State Councile valid through Sept. 1,1997, any entities other than the government are prohibited to establish a broadcast media entity.

References: According to Administrative License Law of the Peoples Republic of China, the radio and TV station can appeal to the State Administration of Radio, Film and Television, or go to court, although there is no record that such cases ever happened, because in China only the government is allowed to establish radio and TV stations.

Peer Review Comments: As only government organs can apply for a broadcast media license, such an appeal mechanism seems more like an internal coordination between various governmental departments than an appeal intended to revoke an administrative decision.

References: According to the law, only the government is eligible to establish radio or TV stations.

References: It is not a matter of cost. Citizens are not allowed to establish a radio or TV station.

References: 1): Radio Asia China Journalists without Borders Protest against China's internet Censorship" Oct. 27, 2006 [ LINK ]

2): Rebecca MacKinnon "China's Internet: Let a Thousand Filters Bloom" YaleGlobal, June 28, 2005 [ LINK ]

References: 1): China Shuts Down Website Popular with Western NGOs, July 1, 2007 [ LINK ]

2): Chinese Public Governance Indicators 2007, Unirule Research

Peer Review Comments: Restrictions are a strategy and not occasional.

Peer Review Comments: Any Web site containing political opinions will be restricted.

Peer Review Comments: In practice, the Chinese government does more to censor citizens creating content online than to prevent them from accessing content published online.

References: Chapter 2 of the Constitution of People's Republic of China

References: 1): Li Datong "A letter to Editor in Cchief of China Youth Daily" 2005 CEO&CIO[ LINK ]

2): "China Increases Censorship of 'Dangerous' Foreign News (Roundup)" Asia-Pacific News, Sept. 10, 2006 [ LINK ]

References: 1): Duke University "News Tip: Internet Censorship Reflects Chinas Changing Attitude About Economic Reform" , 2006 [ LINK ]

2): Jane Martinson "China Censorship Damaged Us, Google Founders Admit" The Guardian, Jan. 27, 2007

3): Interview Zhou Yue, a reporter at Beijing TV sation, August 11, at home [ LINK ]

References: No such laws exist.

Peer Review Comments: In China all the print media are state-owned and controlled by the government and they are under close inspection of their governmental host units. Therefore, there is no need for them to disclose their ownership. Since 2003, private and foreign investment has entered the distribution of the print media and these joint-venture distribution companies should disclose their ownership when they are registered with the Industrial and Commercial Administration.

Suggested references: 1. Measures for the Administration of Foreign-Funded Distribution Enterprises of Books, Newspapers, and Journals [ LINK ] 2. Interim Provisions on the Responsibilities of the Host Unit and the Department in Charge of the Publication Entity [ LINK ]

References: No such laws exist.

Peer Review Comments: In China all radio and TV stations are state-owned and controlled by the government. Therefore, there is no need to disclose their ownership. However, those foreign TV stations such as the BBC and CNN that wish their programs to be available in Chinese hotels and communities will have to submit applications including relevant company documents to the State Administration of Radio, Film and Television for approval. Nowadays, in many Chinese hotels and communities visitors and city dwellers can view such foreign TV programs as the BBC, CNN, HBO, Discovery and National Geographic. Since 2005, foreign film and TV program makers can form joint venture companies with their Chinese counterparts to produce TV programs and films. Such contractual joint venture companies have to disclose their ownership.

Suggested other references: 1. Regulations on Broadcasting and Television Administration [ LINK ] 2. Interim Provisions on the Administration of Chinese-foreign Equity and Contractual Joint Ventures of Radio and Television Program Production [ LINK ] 3. Notice of the State Administration of Radio, Film and Television on Matters concerning the Implementation of the Interim Provisions on the Administration of Chinese-foreign Equity and Contractual Joint Ventures of Radio and Television Program Production [ LINK ]

References: 1): Li Datong "A letter to Editor in chief of China Youth Daily", 2005 CEO&CIO[ LINK ]

2): "China Increases Censorship of 'Dangerous' Foreign News (Roundup)" Asia-Pacific News, Sept. 10, 2006 [ LINK ]

References: 1): "Independent Candidate Defeats Official Candidate To Be A Representative" China Youth Daily, May 21, 2003 [ LINK ]

2): Yin Donghua "Independent Candidates: Walking ahead with Difficulties" China Elections &Governance, June 1, 2007 [ LINK ]

Peer Review Comments: Since 1949 all the eight small political parties have enjoyed quotas of seats in the National People's Congress instead of competing for seats in the assembly. Although in recent years there have appeared some independent candidates mostly competing for seats in local people's congresses, their number is limited and they usually represent a small spectrum of the society. Therefore, the media show no more enthusiasm towards these independent candidates than towards the officially-recommended candidates.

References: 1): "Independent Candidate Defeats Official Candidate To Be A Representative" China Youth Daily, May 21, 2003 [ LINK ]

2): Yin Donghua "Independent Candidates: Walking ahead with Difficulties" China Elections &Governance, June 1, 2007 [ LINK ]

Peer Review Comments: There is no equitable access for candidates who are not members of the CCP.

References: 1):[ LINK ]

References: Zhou Yue, Reporter at Beijing TV station, Aug. 11, at home

Peer Review Comments: I believe it's difficult to say for certain that no journalists have been harmed for investigating corruption.

Peer Review Comments: Five Chinese journalists who were investigating the collapse of the Feng Huang Dyke West Bridge were physically harmed in the afternoon of Aug. 16, 2007 (See Reference 1). One journalist was badly injured when reporting a court-implementing case on March 20, 2007 (See Reference 2). Four Phoenix journalists were physically harmed by Chinese policemen when they were investigating a coalmine explosion in Hongdong County, Shanxi Province on Dec. 6, 2007 (See Reference 3).

Suggested other References: 1. [ LINK ] 2. [ LINK ] 3. [ LINK ]

References: Zhou Yue, Reporter at Beijing TV station, Aug. 11, at home

Peer Review Comments: Lan Chengzhang, a reporter of the Shanxi Station of China Trade Newspaper, was beaten badly by eight men dispatched by an illegal coalmine owner on Jan. 10, 2007, and died in a hospital the next day.

Suggested other reference: [ LINK ]