Censorship-Related Offences In China
1. Legal Framework of Censorship-Related Offences in China
China does not have a law titled “censorship offence” per se. Instead, criminal law provisions are used to control speech, publications, and online content that are considered harmful to the state or public order. Key statutes include:
Article 105 of the Criminal Law – “Inciting subversion of state power”: Criminalizes organizing, plotting, or spreading material to overthrow the government.
Article 293 of the Criminal Law – “Picking quarrels and provoking trouble” or disturbing public order, often applied to online content.
State Secrets Law & National Security Law – Punishes disclosure of “sensitive information.”
Cybersecurity and Internet Regulations – Enable prosecution for spreading “rumors” online or bypassing internet controls.
Key points:
Broad and vague definitions allow authorities to prosecute dissenting speech.
Online content, blog posts, social media, and even overseas posts can be criminalized.
Trials may be closed or secret under “state secrets” provisions.
Sentences vary from months to several years in prison.
2. Detailed Case Explanations
Case 1: Jiang Lijun (2003)
Facts: Jiang Lijun was a freelance writer who posted essays online advocating democracy, criticizing the Communist Party, and promoting multiparty systems. Authorities viewed these as subversive.
Offence: Charged under Article 105 – “inciting subversion of state power” for his online writings.
Outcome: Sentenced to 4 years in prison and 1 year deprivation of political rights.
Significance: This early case set a precedent for prosecuting online political commentary under subversion laws, highlighting the Chinese approach to internet censorship.
Case 2: Ruan Xiaohuan (2023)
Facts: Ruan ran an anonymous technical blog providing guidance on bypassing China’s internet censorship (“Great Firewall”). He also translated and shared politically sensitive material.
Offence: Convicted of inciting subversion via publishing over 100 essays deemed to attack the political system.
Outcome: Sentenced to 7 years imprisonment, 2 years deprivation of political rights, and fined 20,000 RMB.
Significance: Demonstrates that technical guidance to bypass censorship can be criminalized, reflecting the intersection of internet activity and political control.
Case 3: Yang Maodong / Guo Feixiong (2023)
Facts: Long-time rights activist and writer who ran websites promoting constitutional reform and civil rights. Arrested while trying to travel abroad.
Offence: Convicted of inciting subversion through essays, websites, and organizing activities critical of the government.
Outcome: Sentenced to 8 years imprisonment.
Significance: Reinforces that both online content and offline activism are subject to subversion charges; the state actively suppresses dissident networks.
Case 4: Liu Di (“Stainless Mouse”, early 2000s)
Facts: Liu Di posted essays online criticizing government policies and circulated petitions. Detained for over a year without trial.
Offence: Allegedly “inciting subversion” or disseminating anti-state content online.
Outcome: Detained for more than a year; later released after public advocacy.
Significance: One of the first prominent cases of internet-based activism being criminalized, showing early patterns of online censorship enforcement.
Case 5: Jiang Kun (2019-2020)
Facts: Jiang Kun posted over 1,400 messages on social media criticizing state policies, spreading rumors, and allegedly causing public disorder.
Offence: Charged under Article 293 – disturbing public order via online posts.
Outcome: Imprisoned for several months; case emphasized enforcement against overseas platforms like Twitter.
Significance: Illustrates how even posts on foreign social media by Chinese citizens can trigger domestic prosecution.
Case 6: Xu Zhiyong (2014–2020s)
Facts: Xu, a legal scholar and civil rights activist, wrote essays criticizing corruption and promoted grassroots civil society movements. Arrested multiple times for activism and online writings.
Offence: Charged with inciting subversion and other political offences related to online essays and civil society organizing.
Outcome: Sentenced to multi-year imprisonment; trial details often limited due to state secrecy.
Significance: Highlights prosecution of activists combining online and offline dissent, emphasizing that censorship-related offences extend beyond blogging or online activity.
3. Observations from the Cases
Scope of offences: The law is applied broadly, targeting political content, technical guidance on bypassing censorship, and public activism.
Sentencing: Ranges from months to 8+ years; punishment often severe relative to the alleged act.
Procedures: Trials can be secret; evidence includes online writings, websites, and social media activity.
Chilling effect: These prosecutions promote self-censorship, as ordinary citizens fear legal consequences for online expression.
International scrutiny: These cases frequently draw attention from human rights organizations highlighting freedom of expression concerns.
4. Conclusion
Censorship-related offences in China are prosecuted under broad criminal statutes like inciting subversion and disturbing public order, and online expression is a primary target. The cases of Jiang Lijun, Ruan Xiaohuan, Yang Maodong, Liu Di, Jiang Kun, and Xu Zhiyong illustrate how authorities monitor, prosecute, and punish individuals for writings, blogs, and activism that challenge the political status quo.
The trend shows that both online and offline activities can trigger legal consequences, with trials often secret and sentences severe, effectively reinforcing state control over expression.
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