Journalists and judges are calling for legislators to work out a press law so that the act of gathering news can be safeguarded constitutionally.
"The press needs a law to help break through the protectionism of local governments and big industries as well as resistance from some public figures," said Li Guo'an, chairman of the China Journalists Association at the third seminar on journalism and law.
Reporters are often confronted with refusals when they ask for an interview - sometimes their cameras and video cameras are broken and they are even attacked personally. Suing newspapers for libel or invasion of privacy is also increasing, Li said.
"Freedom of expression is safeguarded in the Constitution and news reportage is a major way through which this right can be realized," said Zhang Daxin, of Xinhua News Agency.
"This principle is hard to put to work in courtrooms because there is no specific law," said Huang Xiao of Guangming Daily.
The infringement of reporters' personal and property rights can be dealt with under the current Criminal Code and public security regulations. But there is no law safeguarding reporters' coverage and freedom of expression rights, said Huang.
Huang urged the China Journalists Association to lobby the Supreme People's Court to reflect the constitutional right to freedom of expression in its judicial explanation of civil laws and regulations.
The Supreme People's Court is eligible to issue judicial explanations of a law in China to guide law enforcement, according to the Law on Legislative Procedures.
Some participants argued that it would be possible to work out a press law in the near future.
"The law does not need to be perfect, as long as it is practical and easy to use," said Zhang Liuqing, a division chief of the Beijing High People's Court.
"It can be revised after being practised for a few years and explanations from the Supreme People's Court will also help improve it," he said.
The legal affairs bureau of Anhui Province issued a regulation this May banning its government departments from refusing interviews from the press and establishing a system to settle problems caused by media coverage.
In China, a national law is usually drafted after similar regulations have been practised in the provinces, according to Sun Lei of the National People's Congress Education, Science, Culture and Health Committee.
The two-day seminar, which concluded on Wednesday in Tianjin, attracted more than 40 journalists, judges, lawyers and researchers.
(China Daily 12/25/2000)
