Chinese Official Vows to "Purify" the Net
Sleeping Kirby writes to tell us China's Communist party leader, Hu Jintao today announced the intent to leverage the economic potential of the web while seeking to "purify the internet environment". He proposes to do this by maintaining "the initiative in opinion" on the internet and to "'raise the level guidance on the internet," thus civilizing and purifying the internet environment.
Every time you buy some "MADE IN CHINA" shit from WalMart, etc. you help bankroll this type of crap.
Trolling is a art,
How many times have you heard some politician in America accuse someone of "distorting the facts"? In China, Article 41, which at first says that people have a right to criticize the government, then goes on to say "but fabrication or distortion of facts with the intention of libel or frame-up is prohibited." This is a much higher bar to political speech than the US has. Can you imagine being practical to criticize an elected official if you had to verify all your facts even to the point of not being allowed any "distortions". Seems reasonable, until you are thrown into Jail because you rounded up the amount and said the national Debt was 9 trillion when really it was just 8.6 trillion, or you get thrown in jail because you are found to exaggerate the amount of corruption or mismanagement in government.
You want a world without negative political campaigns, you go ahead and find it in China. You want a world where people are afraid to speak their minds about their government, go to China.
Just read the whole thing, there is a little something for the authoritarian in everyone.
Look at Article 54, for instance: Article 54
It is the duty of citizens of the People's Republic of China to safeguard the security, honor and interests of the motherland; they must not commit acts detrimental to the security, honor and interests of the motherland. Even look at the parts you quoted from, such as Article 40 (with the important part bolded): Article 40. The freedom and privacy of correspondence of citizens of the People's Republic of China are protected by law. No organization or individual may, on any ground, infringe upon the freedom and privacy of citizens' correspondence except in cases where, to meet the needs of state security or of investigation into criminal offenses, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law. So basically, in the guise of devising a legal protection on privacy, the government is given explicit authority to open people's mail "to meet the needs of state security" and to "censor correspondence". The only restriction on censorship is that they follow some sort of standard procedure as defined by a law.
A familiar pattern should emerge, eventually, as you read through the CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA. First it talks about the rights of the people and then it gives the state broad authority to take away those rights to pursue some government interest such as "security" or "public order". In some cases taking away that right must be merely "lawful", so as long as they use some standard form or procedure then just about every so called right is subject to the whims of lawmakers, with no real grounds for judicial review.
Yes, there are some similar exceptions in the US Constitution, which US lawmakers regularly try to take advantage of, just as they do in China. But I do think that the exceptions in the Chinese Constitution are far broader in scope and more powers are explicitly delegated to the government which give it broader authority over people's lives.