Posts tagged: Chinese Media Reciprocity Act

China Law & Policy Turns 4!

By , July 14, 2013

Happy birthday China Law & Policy!  Monday marks the 4th anniversary of this blog’s founding and we want to take this moment to thank all our readers, commentators and supporters these past four years.  When we posted our first post on July 15, 2009, we didn’t know where this blog would take us.  Over the past 4 years, we have been able to analyze various areas of Chinese legal development and interview a number of experts in the field.

Year 4 started off with a bang.  Last July, we ran a three part series on the proposed legislation in the United States known as the Chinese Media Reciprocity Act that was picked up by a number of other websites.  The Chinese government’s increasing belligerence toward Western reporters became an issue that we would return to throughout the year, especially after New York Times reporter Chris Buckley’s journalist visa was not renewed and after China’s most prestigious news paper – Southern Weekend – protested government censorship of the paper’s New Year’s message.

In terms of traditional legal development, China Law & Policy interviewed Prof. Margaret K. Lewis on China’s amended Criminal Procedure Law which took effect in January of this year.  Soon after that interview, Gu Kailai – the wife of Bo Xilai – was tried and found guilty of the murder of British citizen Neil Heywood.  Glenn Tiffert, a PhD candidate in history at the University of California, Berkley, guest blogged in two posts analyzing the jurisdictional issues in the Gu Kailai trial and the role of the party-state in the Bo Xilai affair.  Those two posts are still being commented on.

We finished off our third year with China Law & Policy’s most popular blog post – at least by numbers – “Chen Guangcheng and the Commandeering of Our China Human Rights Policy.”

So what does the future hold for China Law & Policy?  This blog’s goal has always been to make one of the most important relationships in the world – the United State’s relationship with China – more accessible to the general public, to those who are not “China people.”  Central to understanding a modern China is understanding its developing legal system.

So we will continue to blog about legal developments in China and general policy issues.  We will look to increase the number of experts we interview and hopefully can convince more people to guest blog.  We will also continue with our periodic book reviews and “Just For Fun” section which often informs you of the best Chinese restaurants out there.

This means that China Law & Policy needs you!  Have a blog post idea, email us (  Want to write a blog post, email us (all posts are reviewed and edited).  We are especially looking for younger, less established “China people” so don’t think just because you don’t have a PhD you can’t blog.

All suggestions from the public to make this website better are always appreciated.  Like something we did and want to see more of it?  Don’t like something?  Just email:

Happy birthday and thank you again to everyone who has helped to make this blog a success!



But if not the Chinese Media Reciprocity Act, Then What?

By , July 18, 2012

Part 3 of a three part series on the Chinese Media Reciprocity Act & foreign journalists in China
(Click here for Part 1; click here for Part 2)

There is a chance that passage of the Chinese Media Reciprocity Act could result in China granting visas to U.S. government journalist, but that possibility is slim.  The effects of passage of the Act mentioned in Part 1 – the eradication of the Chinese press in the U.S., an all out visa war, and greater suppression of freedom of the press – are much more likely and not positive.  But the U.S. does not have to sit back and just watch the Chinese government harass and censor their journalists.  Below are some less extreme alternatives that the U.S. government can conduct to express its displeasure with the Chinese government and perhaps change the current situation.

Alternative #1: Raise the Issue When it Happens

The U.S government’s tepid response to Melissa Chan’s unlawful expulsion was a missed opportunity to underscore the U.S.’ commitment to freedom of the press to the Chinese government.  The Chinese Media Reciprocity Act is not necessary if the U.S. government publicly stresses that this is an important issue.  While some may argue that private diplomacy and comments work better with China, the current Administration has publicly censure China when its behavior bucks international human right standards.  As recently as last Tuesday, while on a trip to Mongolia, Secretary of State Hillary Clinton publicly criticized China for its lack of freedom for its own people.

Similarly, if freedom of the press means something, after Melissa Chan’s expulsion, the U.S. State Department should have issued an official statement from a high ranking official reprimanding China for unlawfully using the visa process to censor foreign journalist coverage.  Perhaps such a statement would have given Beijing pause and might cause it to change from its current course of conduct.  But a mere statement of “disappoint” permits Beijing to continue harassing foreign journalists and interfering with their coverage by threatening to deny visa renewals.  Rhetoric can make a difference or at the very least serve as a signaling device to Beijing that this is an important issue that the U.S. government is not going to take lightly.

Alternative #2: List the Harassment of U.S. Journalists on its Website

The Foreign Correspondent Club of China (“FCCC”) previously posted their members’ incidents reports and the yearly surveys on their website.  But since February 2011, the FCCC is no longer posting the reports or the surveys because of increasing pressure from the Chinese government.  As Peter Ford, president of the FCCC, told China Law & Policy, the FCCC removed mention of the incident reports because “the [Chinese] Foreign Ministry threatened the FCCC president and other officers with unspecified ‘serious consequences’ if the club continued to make public statements that the government regarded as political. To ensure the club’s continued existence we have since limited our public statements to particularly egregious violations of our journalistic rights and freedoms, such as physical injuries sustained by foreign reporters at police hands and Melissa Chan’s expulsion.”

Ambassador to China Gary Locke - can he help protect US journalists?

The public availability of the incident reports provided an important look into the treatment of foreign journalists in China, including their visa issues.  But with the Chinese government’s censorship of the FCCC, that important information is no longer available and it becomes difficult to know the current situation in Beijing.

But the U.S. Embassy in Beijing can serve this function by posting U.S. journalists’ incident reports.  At the very least, they can list the issues that U.S. journalists are having with the visa process serving two purposes: informing its citizens about the j-visa process and highlighting to the Chinese government that this is a serious matter that the Embassy plans to monitor.  The U.S. Embassy in Beijing does something similar for air pollution; the Embassy has a page dedicated to listing air quality reports every hour.  This webpage has  irked the Chinese government since the Chinese Ministry of Environmental Protection hosts a similar webpage but usually with more positive air quality numbers, making apparent that someone is not telling the truth.  There is no reason why the same can’t be done with U.S. journalists in China.

Alternative #3: Deny a Visa

But another reason why the Chinese Media Reciprocity Act is not necessary – and another tool that can be used to protect our journalists in Beijing – is that the U.S. can deny visas under current law.  The Immigration and Nationality Act provides the executive branch with a list of circumstances, which at times are very vague, where the government can deny a visa.  Section 212(a)(3)(C) allows the State Department to deny a visa if there are adverse foreign policy concerns: “An alien whose entry or proposed activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is inadmissible.”  Within the courts, the executive branch is given almost exclusive deference in immigration and visa decisions.  See Kleindienst v. Mandel, 408 U.S. 753 (1972).

If rhetoric does not work with the Chinese government, the U.S. government can threaten to deny a visa to a single Chinese reporter.  This might do the trick without damaging freedom of the press too much.  In “The Visa Dimension of Diplomacy,” Prof. Kevin D. Stringer analyzed the use of visas as a diplomatic tool.  Although Stringer is not keen on the denial of a visa as a sanctioning tool, he does note that on occasion it has produced positive results.  After India unexpectedly conducted nuclear tests in 1998, the U.S. denied a visa to Dr. R. Chidambaram, the Chairman of the Indian Atomic Energy Commission, who had come to the U.S. multiple times before.

The denial was symbolic but had a larger psychological impact on Indians on work visas or those who wanted to send their children to a U.S. college.; would their visas be denied as well?  How far would the U.S. go?

Similarly, the U.S. government could threaten to deny – or just not process – a visa to a key Chinese reporter.  In February 2012, to much fanfare in China, the Chinese government launched CCTV America, based in Washington, D.C.  A threat to deny a visa to one of their top reporters or directors could put the Chinese on notice that the U.S. is not going to stand for the harassment of U.S. reporters abroad.  Similar to the 1998 India situation, given the large number of political elites’ children who attend college in America, a single visa denial could have a similar psychological impact on influential elites in China.

The U.S. does not have to pass the Chinese Media Reciprocity Act, but it does need to communicate its displeasure with the way foreign correspondents are treated in China.  There are other avenues to do that but one thing is clear, the U.S. government must start raising this issue otherwise things will only continue to deteriorate as it has for the past three years.

To see Part 1, click here; to see Part 2, click here

The Chinese Media Reciprocity Act and Censorship of Foreign Journalists in China

By , July 16, 2012

Part 2 in a three part series on the Chinese Media Reciprocity Act & foreign journalists in China
(For Part 1, click here)

Putting aside the shrill rhetoric surrounding the Chinese Media Reciprocity Act and the fact that it only deals with the harassment of a small segment of U.S. journalists in China (the VOA and RFA reporters), the Act does draw attention to an increasingly problematic issue: the Chinese governments harassment of foreign journalists through the visa process.  It also raises the question: what should the U.S. government be doing about this harassment?

The Visa Renewal Process for Foreign Journalists – a Censoring Tool?

In the past two years, the Foreign Correspondents Club of China (“FCCC”) has documented an increasing number of incidents where the Chinese government threatens not to renew a visa or  unnecessarily delays the visa renewal process.  In China, a journalist visa (“j-visa) is only for a year and must be renewed every December.  What should be a routine event has turned into an anxiety-ridden occasion.  In 2011, the FCCC started focusing on the difficulties some of its members experienced in renewing their visas.  A 2011 FCCC  survey reported that 27 foreign journalists waited four months for a visa renewal.  According to Peter Ford, president of the FCCC, the FCCC considers waiting more than three months for a visa for a permanent correspondent excessive (for a temporary correspondent the FCCC believes it should only be a 30 day wait).  Thirteen journalists waited six months for a visa; and for three, their visa applications have been pending since 2009.

For 2012, the numbers have only gotten worse.  In the FCCC’s  2012 survey, released on May 31, close to a third of all respondents (36 out of 111 respondents) reported difficulty with renewing their j-visas or obtaining visas for new colleagues.[1]  Furthermore, the FCCC’s 2012 survey found that 21 of these reporters were told or believed that their visa difficulties were a direct result of their China coverage, demonstrating the Chinese government’s attempt to censor foreign correspondents by threatening their j-visa.  Peter Ford, president of the FCCC, told China Law & Policy that he doesn’t think that these threats and the continued harassment has had a chilling effect on foreign reporters’ China coverage.

It’s true that great and hard-hitting stories still make their way to our shores and maybe we just haven’t hit that tipping point.  But if China increases its pressure on foreign journalists, at what point will they crack and soften their stories?  A loss of a visa, especially for freelance journalists, could easily mean a loss of one’s livelihood.

A Foreign Correspondent Expelled from China: Becoming More than Just a Visa Problem

This past May, the Chinese government took the bold step of kicking out a foreign journalist: Melissa Chan, a U.S. citizen and long-time Al Jazeera English correspondent in Beijing.  The reason for Chan’s expulsion from China?  We don’t know.  The Chinese government has elected not to share that information.  But most speculate that it was a result of the Chinese government’s displeasure with Al Jazeera’s documentary of Chinese forced labor camps, a documentary that Chan played no role in filming and it was produced out of Al Jazeera’s London bureau.  Likely though, Chan’s hard-hitting coverage of official corruption, government land grabs, black jails and other sensitive topics didn’t help her case.  Prior to her expulsion, Chan was already being harassed:  her visa was not renewed for another year, instead she was on three short-term visas, probably to keep her on a “tight leash.”

Al Jazeera English China correspondant, Melissa Chan (photo from Al Jazeera)

Is Chan’s treatment a bell weather for other reporters?  Soon after Chan’s departure, Ford, as then president-elect of the FCCC was summoned to the Ministry of Foreign Affairs (the body which, in conjunction with the Ministry of Public Security, oversees foreign  journalists) and was reassured that Chan’s case was “sui generis.” “I was assured by a Ministry official that Melissa’s case was specific to her and other correspondents had nothing to fear.”  But as Ford went on to muse, the official’s statement only provided so much solace to the remaining correspondents in China; as long as the Chinese government continues to be mum on those specifics and persists in using the visa process as a censorship tool, other foreign correspondents don’t know if they have crossed that line that Chan crossed until they actually cross it.

As discussed in Part 1 of this series, one reason to oppose the Chinese Media Reciprocity Act is a belief in freedom of the press.  One would think that the U.S. government would have a particular interest in guaranteeing that journalists around the world – especially foreign journalists abroad – are left unharassed and are free to report their stories.  But the U.S.’ reaction to the expulsion of one of its citizens questions this commitment.  In a single press briefing, Department of State deputy spokesperson, Mark C. Toner, expressed the Department’s “disappointment:” “I would just say that we’re disappointed in the Chinese Government – in how the Chinese Government decided not to renew her accreditation.  To our knowledge, she operated and reported in accordance with Chinese law, including regulations that permit foreign journalists to operate freely in China.”

True Chan was not working for a U.S. media organization and instead was working for Al Jazeera, and her expulsion came soon after the difficult negotiation on Chen Guangcheng, but regardless, one would think that the U.S. government, the stalwart of press freedom, would have been more than just “disappointed.”  Even if the U.S. government did not want to raise the issue of an Al Jazeera reporter, it could have used Chan’s expulsion to highlight the case of Andrew Higgins, one of the Washington Post’s China correspondent who since 2009 has been waiting for a j-visa to enter China.

If freedom of the press is so important, how can we just sit back and watch the Chinese government toy with and try to influence any U.S. reporter, even one working for private news outlets?  What can the U.S. do to try to change this situation in China?

To be concluded in Part 3

[1] The FCCC’s “2012 FCCC Correspondent Member Survey Highlights” is on file with China Law & Policy.  To obtain a copy, please email

What is Wrong With the Chinese Media Reciprocity Act

Part 1 of a three part series on the Chinese Media Reciprocity Act & foreign journalists in China

Last month, the U.S. House of Representatives’ Committee on the Judiciary held a hearing on the “Chinese Media Reciprocity Act” (H.R. 2899), a bill introduced last fall by Representative Dana Rohrabacher of California.   The Act attempts to combat China’s restrictive visa policies for U.S. government-employed journalists.  Instead of issuing journalist visas to most if not all Chinese journalists in the U.S., the Act would require that the number of visas issued to Chinese government journalists be identical to the number of visas that China issues to U.S. government reporters.

In reality, the impact of the Chinese Media Reciprocity Act is anything but reciprocal.  The U.S. has two government-sponsored news agencies in (or trying to get in) China: Radio Free Asia (RFA) and Voice of America (VOA); the remaining U.S. journalists in China work for private media outlets.  China on the other hand, with its state-owned media, has 13government-run agencies and over 800 media personnel working in the U.S.  If passed, within 30 days, the State Department would be required to revoke the number of visas issued to Chinese journalists to equal the number of visas issued to American government journalists in China which currently stands at 2.  The Act would all but eliminate a Chinese media presence in the U.S.

Given its extreme and inflexible nature, the Act shouldn’t be passed.  But it does highlight a truly important issue: the harassment, censorship and expulsion of foreign journalists from China and raises the issue of what the U.S government should do about it.

The Act has many problems.  First, it solely focuses on China, giving it the air of a Chinese Exclusion Act.  China is not the only country which denies foreign journalists visas – a quick review of the worst countries for journalists on Reporters Without Borders’ website reveals that Burma, Iran, North Korea, Syria and Eritrea similarly deny foreign journalists visas.  But this Act is exclusively about China.

Rep. Dana Rohrabacher

Second, the rhetoric by the Act’s proponents leads one to believe that they are more motivated by a Cold War mentality than a true concern about U.S. journalists’ access in China.   Rep. Rohrabacher’s testimony in support of the Chinese Media Reciprocity Act is filled with red herrings concerning Confucius Institutes, billboards in Times Square, and the Chinese purchase of AMC movie theaters (in order to flood the US with Chinese propaganda films).  Testimony by John Lenczowski focused more on Russian spies in the US Embassy in Moscow during the Cold War than the actual treatment of U.S. journalists in China today.

Third, passage of the Act could lead to even worse retaliation by China.  China repeatedly harasses the two VOA reporters in China (see Nick Zahn’s testimony, p. 5-6) and it has consistently denied visas to RFA reporters.  Perhaps the most famous incident was when the Chinese government rescinded the RFA reporters’ visas only days before they were to accompany President Clinton on his 1998 trip to China.

But other major media outlets, like the New York Times, the Wall Street Journal, NPR, and CNN, just to name a few, have reporters on the ground in China doing some hard hitting reporting.  Yes these reporters are also often harassed and are often forced to wait months for a visa or are threatened by the Chinese security apparatus that visa renewal will be denied (one of the Washington Post’s China reporters – Andrew Higgins – has been waiting for a visa since 2009, forced to report from Hong Kong).   But in general, most reporters are able to renew their visas and solid reporting from China is able to make it to our shores.  But some, like the Committee to Protect Journalists, warn that passage of the Chinese Media Reciprocity Act could lead to an all out visa war, resulting in China denying a greater number of visas and exacerbating an already tense situation for foreign journalists there.

Finally and perhaps most importantly, is this who we want to be?  A free and vibrant press has been a central tenet of the United States; it was crucial to the success of the American Revolution, is encapsulated within the First Amendment, and is rarely if ever abridged.  As Americans, we understand that the press is a building block to creating a government truly accountable to its people; unfettered press access is an important goal in and of itself.

In recent years, China has seen some developments in a more professionalized and freer press.  Yes, the Chinese press still has to take its most of its cues from the Chinese government, but there has been some development in more real reporting (see Susan Shirk’s Changing Media, Changing China).  But by essentially eradicating the Chinese press from U.S. shores, the Chinese Media Reciprocity Act undermines our goals of this burgeoning freedom of the press in China.  Even the reporters harassed by the Chinese government do not agree with such actions.  Peter Ford, president of the Foreign Correspondents Club of China (“FCCC”), told China Law & Policy that they “do not support efforts to restrict press freedom in one country in an effort to improve press freedom in another.  We remain committed to freedom of the press.”

But all the attention surrounding the Act raises the issue of Beijing’s treatment of foreign journalists.  Is there anything the U.S. can do to change what appears to be the Chinese government’s increased harassment of foreign journalists?

Continued in Part 2

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