China Explains Internet Situation In Whitepaper
eldavojohn writes "In a new whitepaper, China has declared the Internet to be 'the crystallization of human wisdom' and officially issued what appears to be a defense of its policies on Web censorship, while at the same time making contradicting statements like 'Chinese citizens fully enjoy freedom of speech on the Internet' and (in the same paper) 'Laws and regulations clearly prohibit the spread of information that contains content subverting state power, undermining national unity, [or] infringing upon national honor and interests.' The paper also claims some questionable superlatives such as 'China is one of the countries suffering most from hacking.' On the positive side, this 31-page document might be offered as an operating guide for businesses, like Google, looking to understand exactly what the law is surrounding the Internet in China. The document is a rare glimpse of transparency in China's regulations."
Further, there are many laws here in Canada that limit speech, that don't have a corresponding law in China. Specifically, I'm thinking about race.
I would posit that the difference in your Canada vs China comparison is that the laws are better defined for you than they are a Chinese citizen. Like, what the hell does "non-harmonious" mean exactly? You don't know but you seem to have lost your job because of it.
Think for a minute about what the phrase "speech against the government" could mean in China. Is saying "The Yang-tse river is so polluted!" considered speech against the Chinese government? Is complaining about your working conditions okay? Is criticizing the United States' copyright laws okay when your government has pledged time and time again to combat piracy?
I think the biggest issue is that all of the above can be against the law on a case by case basis decided by the state. In Canada, are you afraid of the government disliking you for some reason and then reviewing your internet usage and history to find something to prosecute you under?
My work here is dung.
The problem is that criticizing the government is one of the primary reasons to have the notion of "freedom of speech".
On the positive side, this 31-page document might be offered as an operating guide for businesses, like Google, looking to understand exactly what the law is surrounding the Internet in China. The document is a rare glimpse of transparency in China's regulations. (emphasis added)
Actually, China issues documents like this all the time. They don't normally represent glimpses of transparency because they're in no way binding on the government. That is, you could follow all the substantive recommendations (if there even are any) and still be deemed to have "undermined national unity" or "infringed upon national honor" based on nothing but the PRC's desire to get you.
Thus the first sentence above is apt but the second is questionable. Might this be a glimpse of transparency? Only time will tell. If companies carefully following the guidelines available manage not to run afoul of the PRC government, then the answer will be yes. Otherwise, it's no glimpse of transparency at all, and even muddies the waters a bit more than was already the case.
"I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009