Chinese Law Prof Blog

Editor: Donald C. Clarke
George Washington University Law School

Wednesday, November 29, 2006

More on journalism professor's defamation suit against blog host

I previously posted here and here about the suit brought by Prof. Chen Tangfa against the Hangzhou Blog Information Technology Company, owner of the site. Because there's been some interest in this case, I had a research assistant do a translation, which I have revised a bit but which is still in draft form. Nevertheless, I offer it here [Chinese | English] for those who are interested.

At the time I originally posted, I was too busy to look at the decision closely. Now that I've done so, I'm surprised to see that the court actually does not seem to have had a lot of sympathy for Prof. Chen. While the court required the defendant to apologize, it rejected the plaintiff's claim for 10,000 yuan for emotional distress (my loose translation of 精神损害) as well as his claim for 324 yuan in filing fees when he initially filed against the wrong party, giving him only the 1,000 yuan he spent getting a notary to look at the insulting blog post and attest to its existence. It rejected any claim against the defendant for damages caused by the wide discussion of the case in the media (which of course had had the effect of propagating the insulting remarks all over China, and indeed as far as this blog). It required him to share the court costs with the defendant (although he had to pay only 50 yuan out of 260).

In short, by bringing this suit Prof. Chen saw the insults in the blog post (which had in fact been hidden from the public by the defendant at about the same time he filed suit) spread more widely than they ever could otherwise have been, and paid 374 yuan for the privilege (in addition to whatever his legal fees were) - a Pyrrhic victory if there ever was one.

November 29, 2006 in News - Chinese Law | Permalink | Comments (2) | TrackBack (0)

Tuesday, November 28, 2006

Chen Guangcheng retrial under way

ChengcI last posted here about the farcical trial of Chen Guangcheng, the blind legal activist from Shandong. The verdict in his first trial was overturned and the case was remanded back to the original court. His second trial is now under way. Although three former prosecution witnesses promised to testify for the defense this time, saying that their former testimony had been elicited by police torture, none showed up; two had simply disappeared, while a third was kidnapped on the eve of trial by unidentified men literally in front of the eyes of two of Chen's lawyers. The Washington Post story is here.

November 28, 2006 in News - Chinese Law, People and Institutions | Permalink | Comments (0) | TrackBack (0)