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China passes controversial cybersecurity law
by Staff Writers
Beijing (AFP) Nov 7, 2016


China passes restrictive new film law
Beijing (AFP) Nov 7, 2016 - China passed a restrictive and long-discussed film law Monday banning content deemed harmful to the "dignity, honour and interests" of the People's Republic and encouraging the promotion of "socialist core values".

Booming box-office receipts have drawn Hollywood studios and a growing Chinese filmmaking industry into fierce competition for the Asian giant's movie market, which PricewaterhouseCoopers projects will rise from $4.3 billion in 2014 to $8.9 billion in 2019 -- outstripping the US.

The new set of laws govern the promotion of the film industry and were approved by the National People's Congress Standing Committee at their meeting in the capital Monday.

The law states that its aim is to "spread core socialist values", enrich the masses' spiritual and cultural life, and set ground rules for the industry.

It forbids content that stirs up opposition to the law or constitution, harms national unity, sovereignty or territorial integrity, exposes national secrets, harms Chinese security, dignity, honour or interests, or spreads terrorism or extremism.

Also banned are subjects that "defame the people's excellent cultural traditions", incite ethnic hatred or discrimination or destroy ethnic unity.

It is also illegal for Chinese firms to hire or partner with overseas productions deemed to have views "harmful to China's dignity, honour and interests, harm social stability or hurt the feelings of the Chinese people".

The Communist Party fiercely criticises governments and public figures who have expressed sympathy for the Dalai Lama, previously the darling of Hollywood celebrities such as Brad Pitt.

Companies that work on such content face fines up to five times their illegal earnings over 500,000 yuan, it said.

Films must not "violate the country's religious policies, spread cults, or superstitions", insult or slander people.

The law comes into effect on March 1 next year.

Only 34 foreign films are given cinema releases each year under a quota set by Beijing, and all are subject to official censorship of content deemed politically sensitive or obscene.

To get around restrictions, Hollywood studios looking to capitalise on China's burgeoning market have sought partnerships with local companies.

Co-produced movies can bypass the quota as long as they contain significant Chinese elements, such as characters, plot devices or locations.

The new laws also propose fines for those who provide false box office sales data, a widespread problem as firms have been exposed pumping up ticket sales to generate marketing buzz.

China passed a controversial cybersecurity bill Monday tightening restrictions on online freedom of speech while imposing new rules on online service providers, raising concerns Beijing is further cloistering its heavily controlled internet.

The ruling Communist Party oversees a vast censorship system -- dubbed the Great Firewall -- that aggressively blocks sites or snuffs out internet content and commentary on topics considered sensitive, such as Beijing's human rights record and criticism of the government.

And it has aggressively blocked major companies such as Google and Facebook from offering their services in its domestic cyber space.

The law, which was approved by the National People's Congress Standing Committee, is largely focused on protecting the country's networks and private user information.

But it also bans internet users from publishing a wide variety of information, including anything that damages "national honour", "disturbs economic or social order" or is aimed at "overthrowing the socialist system".

A provision requiring companies to verify a user's identity effectively makes it illegal to go online anonymously.

And companies providing online services in the country are required to provide "technical support and help" to public security organs investigating "crimes", the law said -- which would normally include those related to speech.

- Barriers to trade -

The legislation drew a wave of criticism from rights groups and foreign business organisations, who said its vague language and overreaching security requirements would restrict freedom of speech and throw up barriers to global companies hoping to serve China's enormous market of more than 710 million Internet users.

"This dangerous law commandeers internet companies to be de facto agents of the state, by requiring them to censor and provide personal data to the authorities at a whim," said Patrick Poon, China researcher at global rights group Amnesty International.

James Zimmerman, chairman of the American Chamber of Commerce in China, said that the law risks China "becoming isolated technologically from the rest of the world".

"Requirements for national security reviews and data sharing will unnecessarily weaken security and potentially expose personal information," he wrote in a statement, adding that overall the new law "creates barriers to trade and innovation".

Concerns about the legislation were overblown, Zhao Zeliang, the director of China's Cyberspace Administration, told reporters.

The law is not intended "to limit foreign technology or products or to put up trade barriers", he said.

"A few foreign friends, they equate 'security controls, voluntary controls, security trustworthiness' with trade protectionism," he said, adding "that's a type of misunderstanding. A type of prejudice."

China's foreign ministry spokesman Lu Kang said that there were "no significant differences" between the new Chinese laws and laws of other countries."

- 'At risk' -

Amnesty International's Poon, however, said the law "goes further than ever before in codifying abusive practices, with a near total disregard for the rights to freedom of expression and privacy."

Chinese authorities have long reserved the right to control and censor online content. But the country stepped up its controls in 2013, launching a wide-ranging internet crackdown that targeted activists and focused on the spread of so-called "internet rumours".

Hundreds of Chinese bloggers and journalists were detained as part of the campaign, which has seen influential critics of Beijing paraded on state television.

Under regulations announced at the time, Chinese internet users face three years in prison for writing defamatory messages that are re-posted 500 times or more. They can also be jailed if offending posts are viewed more than 5,000 times.

Comments posted on social media have been used in the prosecution of various activists, such as human rights lawyer Pu Zhiqiang.

"If online speech and privacy are a bellwether of Beijing's attitude toward peaceful criticism, everyone -- including netizens in China and major international corporations -- is now at risk," said Sophie Richardson, China Director of Human Rights Watch.

"This law's passage means there are no protections for users against serious charges."

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