1st of March
On the 1st of March CAC implemented “The Regulations on the Administration of Algorithm Recommendations for Internet Information Services".
The algorithm can strongly affect people’s access to information on various Internet platforms. The push of the information is customized so it is also prone to abuse and can damage personal rights and interests and also endanger national security. For those reasons it needed to be standardized. “The Regulations” require that the algorithm recommendation services are open and transparent. They enforce on service providers the assurance that the algorithm won't be used to influence online public opinion, to control lists and hot searches (by hiring online “water army” to carry out traffic fraud), incite fanwars, conduct monopoly and unfair competition. The service providers which violate the rules will be warned, fined or even held criminally responsible. CAC - National Cyber Space Administration of China (国家互联网信息办公室) is an enforcement agency for the internet content provision sector. It is in charge of security and internet content regulation. They are directing, coordinating and supervising online content management and taking care of administrative approval business related to online news reporting. ________
The China Association of Performing Arts put out a release that from 3rd of March things associated with entertainment managers (rules, punishments) and their licensing - including writing test - will be streamlined and managed by MCT - Ministry of Culture and Tourism.
Previously these tests were held by CAPA and cost 2000 rmb per test. Here you can see the example of the practice one - click.
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3rd of March
On 21st of February Wang Yong, Director of Hong Fan Research Institute & Professor at China University of Political Science & Law gave a very important speech about Zhang Zhehan's case. The video was published on the 3rd of March.
The forum in which Director Wang Yong gave the speech is extremely important because it was attended by many influential people from political and legal field:
- the vice president of the China Law Society,
- the deputy director of the National People's Congress Supervisory and Judicial Affairs Committee,
- members of the National People's Congress Constitution and Law Committee...
He revealed that many law professors and legal colleagues are particularly focused on the Zhang's incident as in their opinion it "destroyed the rule of law in this internet era". He called it "an internet-era incident in the style of the Cultural Revolution". During his speech he addressed 3 problems: factual, legal and political.
The factual problem: Zhang Zhehan was convicted of worshiping at the Yasukuni shrine which is a case of slander.
1. First: Traditional technology was used to photoshop the background of his cherry blossom photos to be the Yasukuni shrine.
2. Second: Attending a friend’s wedding Zhang Zhehan took photos with Dewi Sukarno. The day before August 13 someone modified Dewi Sukarno's Baidu entry to state that she was the wife of Suharto who was behind the slaughtering of Chinese people. The timing of the modification was very coincidental.
3. Third: Over 800 marketing accounts broadcasted this false information at the same time and a large number of water army accounts and bot accounts commented on those posts. This information was also repeated by some official media which may have been manipulated. Public opinion became out of control.
4. Fourth: the China Association of Performing Arts (CAPA) used this information, and without going through proper procedures, accepted the internet's judgment and directly pronounced on August 15 that Zhang Zhehan was an immoral artist, and implemented an industry-wide cancellation.
The legal problem: The People's Court refused to accept the case which is contrary to the Supreme People's Court's emphasis that courts must not refuse to register a citizen's case.
CAPA
1. When CAPA named Zhang Zhehan as an immoral artist, it didn’t use proper procedures:
- didn’t provide a list of the people on its ethics committee
- didn’t conduct a proper hearing
2. By using the words "immoral artist" it broke the basic principle of law not to humiliate another person.
3. CAPA is not an administrative body and thus couldn’t implement a cross industry ban which implicates and takes away a citizen's right to work.
4. This case involves anti-monopoly law. Anti-monopoly legislation (section 13(5)) clearly states that business transactions to enact a cross-industry ban is a type of monopolistic agreement. When the organization broadcasted the ban list and called for a cross industry ban, it was action that completely fell into s.13(5) of the anti-monopoly legislation.
Political problem:
1. The Capital controls the platforms with help of algorithms and the use of AI. The technology ignores the law, and infringes on citizen's basic rights, and uses technology to attack competitors.
2. The existence of fictitious nationalism. There are some people who use nationalism to attack competitors and others. They use nationalism to create terror in public opinion, to attack ourselves.
3. The need to persist in upholding the principles of the rule of law which are highly valued by the central government. They implicate each citizen's basic rights. He hopes that Zhang Zhehan’s incident will be an important focus because this is a social issue and every citizen can become a victim.
Full translation by @bluebirdmuppet accessible in the YouTube community post:
https://twitter.com/bluebir.../status...... ______ NPR - National Public Radio - a big american media outlet published a piece:
The four interviewed fans used it to clear up misunderstandings still circulating in Zhang Zhehan’s case.
4th of March
After disrobing CAPA of their responsibilities to train and certify entertainment managers, they established a travel and performance training program - "Beijing-Tianjin-Hebei Advanced Tourism Performing Arts Operation and Management Talent Training".
Brought by @Karenkk_axel on Twitter
6th of March 2022
A lot of members of the NPC (The National People's Congress) and other high officials spoke about the need to tackle cyberviolence.
The National People's Congress of the People's Republic of China (中华人民共和国全国人民代表大会), often referred to as the National People's Congress (NPC) (全国人民代表大会), is the highest organ of state power and the national legislature of the People's Republic of China.The National People's Congress meets in full session for roughly two weeks each year and votes on important pieces of legislation and personnel assignments among other things.
1) Zhang Lianqi, a member of the Standing Committee of the National Committee of the CPPCC, noted that one way to effectively prevent cyber violence created by "fan circle attacks", "trolls", and "water armies" is to implement a"one person one account system. He is advocating for the use of real names and asks that guidance be issued as soon as possible to prevent cyber violence and the creation of a healthy internet environment.
Brought by: @Bluebirdmuppet on Twitter
2) Zhang Xiaoqing, a member of the National People's Congress talked about cyberviolence in 3 areas:
1. How they are formed: asymmetric information, anonymous nature of social media platforms, netizens to vent anger.
2. Definition of cyberviolence: need to be defined by legal professionals. Not just personal attacks, twisting truths should also be seen as a form of cyberviolence.
3. Suggestions: establish a law on cyberviolence, release the facts promptly on heated topics.
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3) Fatima, a member of the National People's Congress & lawyer of the Beijing Qiankun Law Firm suggests thorough investigations should be conducted on companies and individuals who purchase dark PR services, thus curbing cyberviolence from its source. Due to the anonymous nature of cyberviolence, it is often difficult for victims to collect evidence for the private criminal prosecution process, hence judiciary parties should utilise the public prosecution process to prosecute the criminals promptly.
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4) Zhang Dongsheng, a member of the National People's Congress & founder of TCL said he plans to raise awareness on cyberviolence during this yr's National People's Congress meeting, due to its significant impact on victims as well as the society as a whole.
3 suggestions will be made:
1. Improve the relevant law.
2. Increase the level of punishment of perpetrators. For major cases, support the victims through public prosecution which would also serve as a warning to those who instigate cyberviolence.
3. Make online platforms accountable. They need to initiate actions promptly to reduce the negative impacts.
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5) Li Dongsheng, member of National People's Congress, states for the two sessions, there is a great need to fix the current internet environment.
1. Establish laws specifically addressing cyber violence.
2. Target cyber bullies and the legal consequences.
3. Male clear how platforms are responsible and to what degree. Ensure they deal with cyber violence effectively and efficiently.
Brought by @QuelleVous on Twitter
6) NPC member Ru Man, was interviewed by Jiangsu News about the need to legislate cyber violence during the Two Sessions. She says cyber violence is often invisible but the effects are long lasting, especially towards young people.
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7) NPC member Wei Shizhong recommended at the Two Sessions to list cyberviolence as a publicly prosecutable crime. The cost is low and the harm is great with this type of crime and this deserves more oversight.
The post got on hot search.
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7th of March 2022
Global Times, China state-affiliated media reported that Chinese lawmakers and political advisors proposed to further clean up the internet and crack down on cyber violence, such as including serious cyber violence incidents in public prosecution cases.
"The Roving Inspection Team" keeps reposting articles related to cyberviolence:
As organized crime, especially in cyberspace brings the greatest harm to society, it must be dealt with by law. The Roving Inspection Team praised Li Zhanzhou from 最高人民检察院 (Supreme People's Procuratorate) who alongside two co-author wrote a book about anti organized crime.
8th of March 2022
The Military Lawyer in his post published on Weibo reminds people that this (Zhang Zhehan’s case) battle doesn’t revolve around one person only. This is a social issue. The ones trying to speak up are being silenced though.
Translation by @Lisa_zzh511 on Twitter (below) Why do we care about cyber violence? Why do we emphasize procedural justice? Why do we oppose trials based on morality? Why do we call for the rule of law online? Is it just for one person? If it's just for one person, then there wouldn't be this many professors, scholars, judges, lawyers, directors, authors, and many more elites from all walks of life voicing out! Sadly, the voices of these elites, who bear the conscience in the society and in their industries, cannot be broadcasted. They are insulted by trolls and gangsters in every possible way, and they feel helpless. What kind of online environment is this? In reality, we can stay away from nasty people, but online we cannot avoid them!
10th of March 2022
China Youth Daily published an article about combating online violence with indispensable use of legal weapons. This is also probably the first time when official media mentions Zhang Zhehan as the victim of cyberviolence
Quote:
“Male actor Zhang who was subjected to cyber violence and framed by malicious competitors.”
Full translation of article available here
11th of March 2022
The “Roving Inspection Team” posted with the copy of China Youth Daily article attached stating that the article exposes the truth of cyber violence as a crime to the public and most importantly names Zhang actor who was a victim of such brutality.
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13th of March 2022
As many members of The National People's Congress of China are stressing out the need to effectively handle cyber violence, The Twitter community decided to join the call in support of Zhang Zhehan who is one of the most prominent victims of cyberbullying. Twitter Storm took place on 13th of March and was a successful event.
Raport posted by the organizer:
Additional info:
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