Back to Index of Limits on Freedom of Expression

Although the Chinese Constitution declares that citizens enjoy freedom of speech and freedom of the press, these freedoms are tightly restricted by specific laws and regulations. Typically, the laws and regulations governing cyberspace, the press, and the media contain a list of prohibited content, which includes but is not limited to matters concerning national security, terrorism, ethnic hatred, violence, and obscenity.

Foreign media organizations and their journalists must be approved by and register with the Chinese foreign affairs authority and obtain relevant certificates. Compared with journalists working for China’s state-controlled media, foreign journalists appear to have less opportunities to be called on and raise questions at press conferences of the National People’s Congress meetings. 

I. Introduction 

The Constitution of the People’s Republic of China (PRC or China) declares that citizens enjoy freedom of speech and freedom of the press. In practice, however, these freedoms are not institutionally protected. Public speeches of wide impact on forbidden subjects could result in punishment, including criminal sentences.[1]

According to the Freedom House’s 2019 Freedom in the World report, China has become “home to one of the world’s most restrictive media environments and its most sophisticated system of censorship, particularly online.” The Freedom House report observes that the government’s ability to monitor online and offline communications “has increased dramatically in recent years.”[2]

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II. Limits on Freedom of Speech

A.  Constitution

Article 35 of the PRC Constitution provides that “[c]itizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.”[3] Meanwhile, article 51 states that citizens, “in exercising their freedoms and rights, may not infringe upon the interests of the State, of society or of the collective, or upon the lawful freedoms and rights of other citizens.”[4]

B.  Laws

Freedom of speech and freedom of the press are tightly restricted by specific laws and regulations.[5] Typically, laws and regulations governing cyberspace, the press, and the media contain a list of prohibited content and penalties for violations. Such prohibited content includes but is not limited to matters concerning national security, terrorism, ethnic hatred, violence, and obscenity.

1.  Cybersecurity Law

The PRC Cybersecurity Law, which took effect on June 1, 2017, provides that the state protects the rights of citizens, legal persons, and other organizations to use networks “in accordance with the law,” and prescribes a series of prohibited activities when using networks.[6] Paragraph 2 of article 12 of the Law states as follows:

Any person and organization using networks shall abide by the Constitution and laws, observe public order, and respect social morality; they must not endanger cybersecurity, and must not use the Internet to engage in activities endangering national security, national honor, and national interests; they must not incite subversion of national sovereignty, overturn the socialist system, incite separatism, break national unity, advocate terrorism or extremism, advocate ethnic hatred and ethnic discrimination, disseminate violent, obscene, or sexual information, create or disseminate false information to disrupt the economic or social order, or information that infringes on the reputation, privacy, intellectual property or other lawful rights and interests of others, and other such acts.[7]

Article 70 of the Law further provides that the publication or transmission of any information specified under paragraph 2 of article 12 of this Law or other laws or administrative regulations is subject to penalties prescribed by relevant laws and regulations.[8]

2.  Regulation on the Administration of Publishing

Publishing activities in China are governed by the Regulation on the Administration of Publishing, which was first promulgated by the State Council in 2001 and most recently amended in 2016.[9] According to article 25 of the Regulation, no publication may contain content on any of the following matters:

(1)  Those opposing the basic principles established in the Constitution;

(2)  Those endangering the unification, sovereignty and territorial integrity of the State;

(3)  Those which divulge secrets of the State, endanger national security or damage the honor or benefits of the State;

(4)  Those which incite the national hatred or discrimination, undermine the solidarity of the nations, or infringe upon national customs and habits;

(5)  Those which propagate evil cults or superstition;

(6)  Those which disturb the public order or destroy the public stability;

(7)  Those which propagate obscenity, gambling, violence or instigate crimes;

(8)  Those which insult or slander others, or infringe upon the lawful rights or interests of others;

(9)  Those which endanger public ethics or the fine national cultural traditions;

(10) Other contents prohibited by laws, administrative regulations or provisions of the State.[10]

Persons publishing or importing publications containing such content may be criminally prosecuted or subject to administrative penalties, according to article 62 of the Regulation.[11]

3.  Regulation on Radio and Television Administration

Similarly, the Regulation on Radio and Television Administration, which was first promulgated by the State Council in 1997 and has not been majorly revised since then, prohibits radio and television stations from producing or broadcasting programs containing the following content:

(1)  that which endangers the unity, sovereignty and territorial integrity of the country;

(2)  that which endangers state security, honour and interests;

(3)  that which instigates nationality separation or disrupts nationality solidarity;

(4)  that which divulges state secrets;

(5)  that which slanders or insults others;

(6)  that which propagates obscenity, superstition or plays up violence; and

(7)  other contents prohibited under provisions of laws and regulations.[12]

Those who produce, broadcast, or provide to overseas users programs containing such content may be criminally prosecuted or subject to administrative penalties, according to article 49 of the Regulation.[13]

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III. Mechanism to Control Foreign Broadcasters Working on Behalf of Foreign Governments

The reporting activities of foreign media organizations and foreign journalists in China are governed by the Regulation on Reporting Activities of Permanent Offices of Foreign Media Organizations and Foreign Journalists, which was issued by the State Council in 2008.[14] Under the Regulation, foreign media organizations must seek approval from China’s Ministry of Foreign Affairs and submit required documents in order to establish offices in China and send resident journalists.[15] After being approved, such foreign media offices and resident journalists must register with the Chinese foreign affairs authority and obtain relevant certificates.[16] The Regulation does not appear to differentiate broadcasters working on behalf of foreign governments from other foreign media and journalists.

Foreign journalists also need “foreign journalist cards” in order to report China’s “Two Sessions”—the meetings of the National People’s Congress and the Chinese People’s Political Consultative Conference.[17] Compared with journalists working for China’s state-controlled media, foreign journalists appear to have less opportunities to be called on at the press conferences of the Two Sessions.[18]

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Prepared by Laney Zhang
Foreign Law Specialist
June 2019

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Last Updated: 12/30/2020