On March 25, Hu Xingdou, a professor of economics at the Beijing
Institute of Technology, received an email from his Internet service
provider, the Beijing Xin Net. The email was a notice to shut down his personal website because it
contained "illegal content", which, according to the notice, were three
online posts he wrote on corporate bribery among Chinese officials,
reform of the press system and abolishment of the reform-through-labor
system. A Xin Net employee told Hu that they shut down his website on orders
of the Internet monitoring section of the Suzhou police in East China's
Jiangsu province.
For most Chinese blog and website administrators, this would be the end of the story. But Hu, who firmly believes that his website contained nothing
illegal, decided to fight back. He gathered a group of legal
professionals and sued Xin Net.
Ten days ago, the Daxing district court in Beijing ruled in favor of
Hu because Xin Net could not provide proof for its claims of the
so-called "illegal" content. Xin Net was also ordered to repay Hu's service fees for the past two
years totaling 1,370 yuan. While the amount might be insignificant,
Hu's determination and the court's verdict are not.
The case, which was unfortunately reported in very few newspapers, has been hailed as a milestone in the country's history. Its exemplary effect on other courts, other ISP firms and some 300 million Chinese netizens should not be underestimated.
A controversial figure he may be for his critical writings on
social, economic and political issues, Hu should be applauded for his
courage to take on Xin Net and the Suzhou police, even though his
chances of winning the case were bleak. Hu has reminded us that we should not give up although the road seems tough and the pace seems slow. Instead, we should use the law to protect our rights and let the perpetrators face justice.
The case has taught us that silence and inaction in such a situation only makes you guilty of abetting injustice. Resorting to legal action also reflects Hu's faith in the law, which
though still fragile, is gradually improving, as evident at the Daxing
district court.
For this, the little known court in the suburbs of the capital deserves the nation's respect for the unprecedented ruling. In the past, most courts would use various excuses not to accept
such a case simply because the real defendant behind the case is a
government department. The judge at Daxing district court, who upheld the law, has
rekindled hope into those who had lost faith in the country's legal
system.
This case should go down in law books at schools. It proves writing critically about issues does not constitute an
"illegal" action, so academics as well as the general public should
continue pursuing the truth. The job of an academic, after all, is to
examine problems with a critical eye.
Implications of the case are many. Now that Hu and the Daxing
district court have set a good example, it is time for other courts and
individuals to continue to guard individual rights and uphold the rule
of law. (Chen Weihua, China Daily)
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