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Legal experts, bloggers doubt China's proposed law to ban comments that harm country's 'feelings' may be used arbitrarily

Just Earth News | @justearthnews | 10 Sep 2023

Legal experts, bloggers doubt China's proposed law to ban comments that harm country's 'feelings' may be used arbitrarily

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Legal experts and bloggers have voiced concerns that the proposed Chinese public security law to criminalise comments, clothing or symbols that “undermine the spirit” or “harm the feelings” of China may be used arbitrarily.

The changes were first made public last week as part of a mandatory “soliciting opinion” process, as concerns mount about the increasingly authoritarian and nationalistic rule of China’s president, Xi Jinping, reports The Guardian.

Several scholars and bloggers wrote editorials and social media posts last week where they asked authorities for the removal of certain articles in the draft.

One by Zhao Hong, a law professor at the China University of Political Science and Law, criticised the draft for its lack of legal clarity and the potential for abuse of public authority. By Wednesday, Zhao’s article was taken down from the Paper, an online state media outlet, but other discussion remains online, The Guardian reported.

“Who confirms the ‘spirit of the Chinese nation’ and according to what procedure? Who recognises the ‘feelings of the Chinese nation’ and according to what procedures?” wrote Tong Zhiwei, a constitutional studies scholar at the East China University of Political Science and Law, on his Weibo social media account.

Tong added: “If the NPC standing committee adopts this article as it is now drafted, law enforcement and judicial work will inevitably lead to the practical consequences of arresting and convicting people according to the will of the chief, and there will be endless harm.”

Several people doubt that the amendments may lead to more censorship.

“Today they can prevent you from wearing certain clothes, tomorrow they can prevent you from speaking, then the day after they can prevent you from thinking,” said one person on Weibo as quoted by The Guardian.