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ARTICLE
01 August 2003

China: Culture, Legislation and Censorship

Excerpts from Chinese Cultural Laws Regulations and Institutions by Gao Shuxun (ed.)
Culture and Art Publishing House, Beijing, 1999.

Summary by Eric Silva Brenneman

The publication and circulation of all the forms of information in China have grown greatly under the direction of “serving the people and serving socialisms.” (102) Also, the administration of the publication trade has gained a legal side and new laws have been implemented to regulate the trade. The guiding light of the publication trade is the balance between social and economic benefits. China’s constitution states that all enjoy freedom of publication and that “governments at all levels should guarantee that the citizens enjoy the freedom to publish according to the law.” (103) There are strict requirements for establishing a publication unit, and if anyone is not met, it will not be approved. There is also the 180 day application period.

“Such contents as follows are prohibited from being published: those that are against the basic principles of the Constitution; those that harm national unity and the sovereignty and territorial integrity of the country; those that incite ethnic conflict or separatism, encroach the customs and traditions of ethnic minorities or destroy ethnic solidarity; those that betray state secrets; those that advocate obscenity, superstition, play up violence of impair social morals and cultural traditions, and those that insult or defame others. For those publications aimed at minority ethnic groups, the following contents are prohibited: those that may lead the young to imitate activities against social morals or illegal or criminal activities and those that reflect terrifying or brutal activities that might be harmful to the physical and psychological health of minors.” (105)

All contact information of publishers in publicly available, and should false information be spread, they are expected to make public corrections. Before any printing can take place, all material must be “examined and approved by publication administrative departments and registered at industrial and commercial administrative departments according to law…” (106) In essence, nothing can be produced or distributed without permission.


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