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Learn from landmark court case

By Chen Weihua (China Daily)
Updated: 2009-05-30 08:00

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.

E-mail: chenweihua@chinadaily.com.cn