By Ma Guochuan
Published: 2007-07-20

Scholars of law and journalism published a stream of articles expressing their anxiety over the issue. Jiang Ping, noted legal scholar, spoke bluntly: "Freedom of the press comes from the Constitution., and is the basic right behind the freedom to publish. It's something China has not done enough of all along, and is limiting too much. [This law] contains highly inappropriate rules that will merely create a government with too much power."

When the curtain closed on the press conference, Kan Ke, spokesperson for the Standing Committee of the NPC's General News Office, pointed out to journalists that the Standing Committee had noticed the controversy resulting from the first announcement and had subsequently turned its attention to it, and added that every law undergoes a deliberation process. According to China's Legislative Law, laws must usually pass three rounds of deliberation. After this meeting of the Standing Committee, the law will still be revised according to democratic and scientific legislative principles, before being submitted to the next Committee.

In soliciting opinion from interested parties, including those from the China Law Society, the Supreme Court of the People's Republic of China and other government units all believe that the key to dissemination in and transparency of breaking news is the media's comprehensive affirmation of its positive role. Beyond this, the law's ambiguity over "violation of regulation" perhaps would become an excuse for local government to limit the normal reporting by media on breaking news, and will be disadvantageous for media reporting on cover-ups in order to initiate public review. Article 57, says some departments, should be "revised and perfected," but the majority of legal experts point out that from a Constitutional perspective, it is unfixable and must be removed entirely.

In the wake of the law's revision, public debate leveled off. But the media has been intimately following its maturity.

Thus, on June 24, 2007,when Xinhua News Agency announced that, "In the second draft of the "Response to Breaking Events Law", the line saying that "the media cannot publish news regarding breaking event without authorization or against regulation" had been removed, other media sources reprinted the story immediately, followed by commentary. Also omitted was the stipulation that local government could implement controls on news media making such reports. Although other controversial sections remained, public opinion still held that this was a big step for Chinese society, and that the government and legislative bodies should be praised for their rationality.

There is no doubt that the act shows the supreme importance that the involved governmental organs attach to public feedback and civil rights, also that democratic and scientific legislation will have an even more positive role in the future. To this end we are optimistic.

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