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China (includes Tibet, Hong Kong, and Macau)

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution states that citizens “enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration,” although authorities generally did not respect these rights, especially when they conflicted with CCP interests. Authorities continued tight control of print, broadcast, and electronic media and regularly used them to propagate government views and CCP ideology. Authorities censored and manipulated the press and the internet, particularly around sensitive anniversaries.

Freedom of Speech and Expression: Citizens could discuss many political topics privately and in small groups without official punishment. The government, however, routinely took harsh action against citizens who questioned the legitimacy of the CCP. Some independent think tanks, study groups, and seminars reported pressure to cancel sessions on sensitive topics. Those who made politically sensitive comments in public speeches, academic discussions, or in remarks to the media remained subject to punitive measures.

In late February prominent real estate developer Ren Zhiqiang criticized President Xi’s call for media outlets to display absolute loyalty to the CCP. In two social media posts, Ren urged the CCP not to waste taxpayer money and opined, “Since when did the people’s government become the party’s government?” The government consequently stripped Ren Zhiqiang of his social media accounts, which had an estimated 37 million followers. The New York Times reported on March 11 that Xinhua News Agency employee Zhou Gang issued an online letter accusing government censors of silencing critics, apparently in response to the Ren case.

Two weeks after President Xi’s visit to state media, anonymous authors posted a letter online calling for him to resign “for the future of the country and the people.” The authors claimed to be “loyal Communist Party members.” Authorities promptly shut down Wujie News, the news website that carried the letter, and detained journalists, such as Jia Jia, whom security agents apprehended at the Beijing airport en route to Hong Kong. According to contacts and news reports, all Wujie News staff were later released.

In April online commentator Tian Li (also known as Chen Qitang) was tried for “inciting subversion of state power.” His verdict was suspended for a third time, with no announcement made before the end of the year. The charges stemmed from six political commentaries Chen had posted, three of which he had personally written. The prosecution said the articles represented a “harsh attack” on the CCP.

In November, Liu Feiyue, the founder of the Civil Rights and Livelihood Watch website, was detained on charges of “inciting state subversion” in Hubei Province. He had been detained and released earlier in the year when he tried to cover the CCP Central Committee’s sixth plenary session in Beijing.

Huang Qi, founder of the Tianwang Human Rights Center, was detained on November 28 and formally charged with “illegally providing state secrets abroad” on December 16. Authorities had long taken action against Huang for his efforts to document human rights abuses in the country on his 64Tianwang.com website. Previously convicted of “inciting subversion of state power” and “illegally possessing state secrets” in 2003 and 2008, he served five and three years in prison, respectively.

Press and Media Freedoms: The CCP and government continued to maintain ultimate authority over all published, online, or broadcast material. Officially, only state-run media outlets have government approval to cover CCP leaders or other topics deemed “sensitive.” While it did not dictate all content to be published or broadcast, the CCP and the government had unchecked authority to mandate if, when, and how particular issues were reported or to order that they not be reported at all.

The government continued to strictly monitor the press and media, including film and television, via its broadcast and press regulatory body, the State Administration of Press, Publication, Radio, Film, and Television (SAPPRFT). The Cyberspace Administration of China (CAC) regulates online news media. All books and magazines continued to require state-issued publication numbers, which were expensive and often difficult to obtain. As in the past, nearly all print and broadcast media as well as book publishers were affiliated with the CCP or government. There were a small number of print publications with some private ownership interest but no privately owned television or radio stations. There were growing numbers of privately owned online media. The CCP directed the domestic media to refrain from reporting on certain subjects, and traditional broadcast programming required government approval. The SAPPRFT announced that satellite television channels may broadcast no more than two imported television programs each year during prime-time hours and that imported programs must receive the approval of local regulators at least two months in advance.

In a well-publicized February 19 visit to the three main state and CCP news organizations–the Xinhua News Agency, CCTV, and the People’s Daily–President Xi said, “Party and state-run media are the propaganda battlefield of the party and the government, [and] must bear the surname of the party. All of the party’s news and public opinion work must embody the party’s will, reflect the party’s ideas, defend the authority of the Party Central Committee, [and] defend the unity of the party.”

In March the prominent Chinese financial magazine Caixin defied the government by highlighting censorship of its online content. On March 5, Caixin published an article pointing out how the CAC had deleted an interview with Jiang Hong, a delegate to the advisory Chinese People’s Political Consultative Conference, because it touched on the issue of free speech. The CAC told Caixin editors the interview contained “illegal content” and “violated laws and regulations.”

Both the SAPPRFT and CAC continued efforts to reassert control over the country’s growing world of new media. In December the SAPPRFT announced that commercial social media platforms like WeChat and Weibo are not allowed to disseminate user-generated audio or video programs about current events and are only supposed to distribute content from those that hold state-issued audiovisual online transmission licenses.

Violence and Harassment: The government frequently impeded the work of the press, including citizen journalists. Journalists reported being subjected to physical attack, harassment, and intimidation when reporting on sensitive topics. Government officials used criminal prosecution, civil lawsuits, and other punishment, including violence, detention, and other forms of harassment, to intimidate authors and journalists and to prevent the dissemination of unsanctioned information on a wide range of topics. A journalist could face demotion or job loss for publishing views that challenged the government.

Family members of journalists based overseas also faced harassment, and in some cases detention, as retaliation for the reporting of their relatives abroad. In March authorities detained the siblings of the Germany-based writer Zhang Ping after he wrote an article criticizing the government for its role in the disappearance of journalist Jia Jia. The family members, detained in Xichong County, Sichuan Province, were released several days later, and Zhang later publicly said he had “cut off ties” in order to protect them.

Uighur webmasters Dilshat Perhat and Nijat Azat continued to serve sentences for “endangering state security.” During the year additional journalists working in traditional and new media were also imprisoned.

Liu Yuxia, front-page editor of the Southern Metropolis Daily, once considered a bastion for relatively independent views, was dismissed in March after the headline of one of the newspaper’s front-page stories about the burial of a prominent reformer was seen as a veiled criticism of President Xi’s admonition that the media “bear the surname of the party.” If the Chinese characters of the headline about the sea burial were read vertically in conjunction with the headline about President Xi’s call for loyalty by the media, as both headlines appeared in proximity on the same page, the combined headline could be interpreted as “the souls of Chinese media have died because they bear the party’s name.”

Li Xin, another former editor for the Southern Metropolis Daily’s website, disappeared in Thailand and reappeared in China under detention after reportedly seeking political asylum in Thailand. Yu Shaolei, who edited the newspaper’s cultural section, also resigned in late March. Yu reportedly posted a photograph of his resignation form on Weibo, citing his “inability to bear your surname.” One Southern Metropolis Daily journalist was quoted as stating, “We think it won’t get any worse and then it does. We are being strangled.”

Four of the five Hong Kong booksellers who disappeared between October and December 2015 were released but remained under surveillance (see section 1.b.). In June, Zhu Tiezhi, the deputy editor in chief of Qiushi, the CCP’s foremost theoretical journal, reportedly hanged himself in the garage of the building where the journal was housed. Media outlets reported that Zhu had been depressed by ideological infighting within the CCP and was linked to Ling Jihua, one of former president Hu Jintao’s closest aides, who became a prime target in President Xi’s anticorruption campaign.

In December security officials in Gannan County, Heilongjiang Province, detained and beat journalists Liu Bozhi and Liu Dun from China Educational News after they investigated reports of financial irregularities in public school cafeterias.

In July the state-controlled Chinese Academy of National Arts announced on its website that it had removed the existing management of the monthly magazine Yanhuang Chunqiu, including its 93-year-old publisher and cofounder Du Daozheng. The magazine was known as an “intellectual oasis” in which topics like democracy and other “sensitive” issues could be discussed, and it had a reputation for publishing views on politics and history that challenged CCP orthodoxy. Observers saw the removal of Du along with several other senior staff including Hu Dehua, the son of late reformist CCP leader Hu Yaobang, as a threat to one of the country’s last strongholds of liberal thought. The magazine’s chief editor Yang Jisheng quit in 2015 in protest of increasing censorship. Following the forced reshuffle, Du suspended the publication on July 19, and it had not resumed operations by year’s end.

In September journalists were attacked, detained, and expelled from Wukan, a fishing village in Guangdong Province, as they tried to conduct interviews following protests over alleged land seizures and the detention of the elected village chief. Wukan was the site of protests in 2011 over land seizures and corruption, to which the provincial government responded by allowing villagers to elect their local leader.

Foreign journalists based in the country continued to face a challenging environment for reporting. According to the annual Reporting Conditions survey of the Foreign Correspondents’ Club of China (FCCC) conducted during the year, 98 percent of respondents did not believe reporting conditions in the country met international standards. In addition, 48 percent of respondents believed working conditions had stayed the same since the previous year, while 29 percent believed conditions had deteriorated. Fifty-seven percent said they had been subjected to some form of interference, harassment, or violence while attempting to report from the country.

Restrictions on foreign journalists by central and local CCP propaganda departments remained strict, especially during sensitive times and anniversaries. Foreign press outlets reported that local employees of foreign news agencies were also subjected to official harassment and intimidation and that this remained a major concern for foreign outlets. The FCCC’s survey reported that 26 percent of respondents described interference or obstruction by police or “unidentified individuals” while reporting. Eight percent of respondents reported being subjected to “manhandling or physical violence,” a 3 percent increase from 2015. In addition, FCCC members reported physical and electronic surveillance of their staff and premises.

Although authorities continued to use the registration and renewal of residency visas and foreign ministry press cards to pressure and punish journalists whose reporting perturbed authorities, wait times were reportedly shorter for many applicants than in previous years. Many foreign media organizations continued to have trouble expanding their operations in the country due to the difficulty of receiving visas for new positions. Government officials continued to require regular meetings with journalists at the time of their renewals or after seeing reports they deemed “sensitive,” at which officials commonly made clear to reporters they were under scrutiny for their reporting. Security personnel often visited reporters unannounced and questioned them about their reporting activities.

Authorities continued to enforce tight restrictions on citizens employed by foreign news organizations. The code of conduct for citizen employees of foreign media organizations threatens dismissal and loss of accreditation for those citizen employees who engage in independent reporting. It instructs them to provide their employers information that projects “a good image of the country.” Several FCCC members reported local assistants had been summoned for meetings with security officials that the assistants found extremely intimidating. One foreign correspondent said security officials had called her local assistant a “traitor” and asked her why she was willing to help the foreign press with its “anti-China bias.”

Media outlets that reported on commercial issues enjoyed comparatively fewer restrictions, but the system of postpublication review by propaganda officials encouraged self-censorship by editors seeking to avoid the losses associated with penalties for inadvertently printing unauthorized content.

Censorship or Content Restrictions: The State Council’s Regulations on the Administration of Publishing grant broad authority to the government at all levels to restrict publications based on content, including mandating if, when, and how particular issues are reported. While the Ministry of Foreign Affairs daily press briefing was generally open, and the State Council Information Office organized some briefings by other government agencies, journalists did not have free access to other media events. The Ministry of Defense continued allowing select foreign media outlets to attend monthly press briefings.

Official guidelines for domestic journalists were often vague, subject to change at the discretion of propaganda officials, and enforced retroactively. Propaganda authorities forced newspapers to fire editors and journalists responsible for articles deemed inconsistent with official policy and suspended or closed publications. Self-censorship remained prevalent among journalists, authors, and editors, particularly with post facto government reviews carrying penalties of ranging severity.

The CCP Central Propaganda Department ordered media outlets to adhere strictly to the information provided by authoritative official departments when reporting on officials suspected of involvement in graft or bribery. Throughout the year the Central Propaganda Department issued similar instructions regarding various prominent events. Directives often warned against reporting on issues related to party and official reputation, health and safety, and foreign affairs. The orders included instructions for media outlets not to investigate or report on their own. The CAC and SAPPRFT strengthened regulations over the content online publications are allowed to distribute, reiterating long-standing rules that only state-licensed news media may conduct original reporting.

The FCCC reported that it was still largely impossible for foreign journalists to report from the TAR, other Tibetan areas, or Xinjiang without experiencing serious interference. Those who took part in government-sponsored trips to the TAR and other Tibetan areas expressed dissatisfaction with the access provided. Of those who tried to report from Tibetan areas, 60 percent reported problems, while 44 percent had trouble in Xinjiang. Foreign reporters also experienced restricted access and interference when trying to report in other sensitive areas, including the North Korean border, coal mining sites where protests had taken place, and other sites of social unrest, such as Wukan village in Guangdong Province.

Authorities continued to jam, with varying degrees of success, Chinese-, Uighur-, and Tibetan-language broadcasts of the Voice of America (VOA), the BBC, and Radio Free Asia. English-language VOA broadcasts generally were not jammed. Internet distribution of streaming radio news and podcasts from these sources was often blocked. Despite the jamming of overseas broadcasts, the VOA, the BBC, Radio Free Asia, Deutsche Welle, and Radio France International had large audiences, including human rights advocates, ordinary citizens, and government officials.

Overseas television newscasts, largely restricted to hotels and foreign residence compounds, were occasionally subject to censorship. Individual issues of foreign newspapers and magazines occasionally were banned when they contained articles deemed too sensitive.

Politically sensitive coverage in Chinese, and to a lesser extent in English, was censored more than coverage in other languages. The government prohibited some foreign and domestic films deemed too sensitive or selectively censored parts of films before they were released.

In November the NPC Standing Committee passed a Cybersecurity Law containing a provision that appeared to be aimed at deterring economists and journalists from publishing analysis that deviated from official views on the economy. Article 12 of the law criminalizes using the internet to “fabricate or spread false information to disturb economic order.” In January authorities blocked Reuters’ social media account on the Chinese platform Sina Weibo following a report that the country’s securities regulator Xiao Gang had offered to resign. The government stated that the Reuters report was not accurate, but a month later state media announced Xiao had been forced out.

Authorities continued to ban books with content they deemed inconsistent with officially sanctioned views. The law permits only government-approved publishing houses to print books. The SAPPRFT controlled all licenses to publish. Newspapers, periodicals, books, audio and video recordings, or electronic publications could not be printed or distributed without SAPPRFT approval and relevant provincial publishing authorities. Individuals who attempted to publish without government approval faced imprisonment, fines, confiscation of their books, and other sanctions. The CCP also exerted control over the publishing industry by preemptively classifying certain topics as state secrets.

Many intellectuals and scholars exercised self-censorship, anticipating that books or papers on political topics would be deemed too sensitive to be published.

Actions to Expand Press Freedom: The Ministry of Foreign Affairs began implementing a new system for journalist visa renewals and press card issuance. There were few complaints, but there was insufficient evidence to comment on the situation at the year’s end. Delays persisted in the approval process to expand foreign bureaus as well as visa applications for short-term reporting tours.

INTERNET FREEDOM

The internet continued to be widely available and used. According to an official report released in August by the China Internet Network Information Center, the country had 710 million internet users, accounting for 51.7 percent of its total population. The report noted 21.3 million new internet users in the first half of the year, with approximately 191 million going online from rural areas. Major media companies estimated that more than 500 million persons, mainly urban residents, obtained their news from social and online media sources. According to the 2016 Chinese Media Blue Book, online media organizations accounted for 47 percent of the country’s entire media industry.

Although the internet was widely available, it was heavily censored. The government continued to employ tens of thousands of individuals at the national, provincial, and local levels to monitor electronic communications and online content. The government also reportedly paid personnel to promote official views on various websites and social media and to combat those who posted alternative views. Internet companies also employed thousands of censors to carry out CCP and government injunctions.

During the year there was a steady stream of new regulatory efforts to tighten government control of the online media space that had grown rapidly in the last four years, including draft regulations on strengthening government control of internet news services and online publishing.

The government’s updated definition of “internet news information” includes all matters pertaining to politics, economics, defense, diplomacy and “other social public issues and reports and comments of breaking social events.” Draft regulations require that all news reports conform to official views, establish a “dishonesty blacklist” system, and expand criminal penalties for violators.

In June the State Internet Information Office published a Circular on Further Strengthening the Management and Control of False News, which prohibits online platforms from publishing unverified content as news reports and strengthens regulation on the editing and distribution of news on online platforms, including microblogs and WeChat. The circular prohibits websites from publishing “hearsay and rumors to fabricate news or distort facts based on speculation.”

During the year the State Internet Information Office reportedly strengthened efforts to “punish and correct” false online news, reprimanding numerous popular portals, such as Sina, iFeng, and Caijing, and calling on the public to help monitor and report on “illegal and harmful information” found online.

On June 25, the CAC released New Regulations on Internet Searches that took effect August 1. The regulations specifically ban search engines from showing “subversive” content and obscene information, longstanding prohibitions for local website operators.

On June 28, the CAC released new Regulations on the Administration of Mobile Internet App Services that also took effect on August 1. The new rules expand the application of some requirements to app stores, such as Apple’s iTunes App Store, and developers and require mobile app providers to verify users’ identities with real-name registration, improve censorship, and punish users who spread “illicit information” on their platforms. The rules prescribe broad and vaguely worded prohibitions on content that “endangers national security,” “damages the honor or interests of the state,” “propagates cults or superstition,” or “harms social ethics or any fine national culture or traditions.” At year’s end authorities required Apple to remove the New York Times English- and Chinese-language news apps from its iTunes App Store in the country. At least three apps were known to have been blocked since April.

In August the CAC called for an “editor in chief” system, ensuring that senior staff are responsible for online editorial decisions contrary to the government’s wishes or censorship guidelines. In September media outlets also reported the CAC had launched a campaign to clean up the comments sections on websites, which a CAC official described as an effort to make it easier for individuals to report illegal or harmful content.

In April, GreatFire.org, a website run by activists tracking online censorship in the country, reported that 21 percent of more than 40,000 domains, web links, social media searches, and internet protocol addresses that it monitors in the country were blocked. In addition to social media websites such as Facebook, the government continued to block almost all access to Google websites, including its e-mail service, photograph program, map service, calendar application, and YouTube.

Government censors continued to block websites or online content related to topics deemed sensitive, such as Taiwan, the Dalai Lama, Tibet, the 1989 Tiananmen massacre, and all content related to the Panama Papers. The Economist, for example, was blocked in April after it printed an article critical of President Xi’s consolidation of power. Many other websites for international media outlets, such as the New York Times, the Wall Street Journal, and Bloomberg, remained perennially blocked, in addition to human rights websites, such as those of Amnesty International and Human Rights Watch.

Authorities continued to jail numerous internet writers for their peaceful expression of political views. In June authorities in Yunnan Province detained citizen journalists Lu Yuyu and Li Tingyu on suspicion of “picking quarrels and provoking trouble” as a result of their reporting. Li and Lu compiled and catalogued daily lists of “mass incidents”–the official term for protests, demonstrations, and riots–and disseminated their findings to the public via social media platforms, such as Weibo. Public security officials reportedly beat Lu, choked him, and twisted his arms until he was badly bruised. Reporters without Borders stated that Lu and Li were among 80 detained citizen journalists and bloggers.

In addition, there continued to be reports of cyberattacks against foreign websites, journalists, and media organizations carrying information that the government restricted internet users from accessing. As in the past, the government selectively blocked access to sites operated by foreign governments, including instances involving the website or social media platforms of health organizations, educational institutions, NGOs, and social networking sites as well as search engines.

While such censorship was effective in keeping casual users away from websites hosting sensitive content, some users circumvented online censorship through the use of various technologies. Information on proxy servers outside the country and software for defeating official censorship were available inside the country, but the government increasingly blocked access to the websites and proxy servers of commercial, academic, and other virtual private network providers.

The State Secrets Law obliges internet companies to cooperate with investigations of suspected leaks of state secrets, stop the transmission of such information once discovered, and report the crime to authorities. Furthermore, the companies must comply with authorities’ orders to delete such information from their websites; failure to do so is punishable by relevant departments, such as police and the Ministry of Public Security.

At the World Internet Conference in China in November, Ren Xianling, the vice minister for the CAC, called on participants to embrace state control of the internet and likened such controls to “installing brakes on a car before driving on the road.” Xi Jinping opened the conference with a videotaped address in which he reasserted earlier claims that the government exercised absolute control over the internet in the country through “cyber sovereignty.”

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government continued restrictions on academic and artistic freedom and on political and social discourse at colleges, universities, and research institutes. Restrictive SAPPRFT and Central Propaganda Department regulations and decisions constrained the flow of ideas and persons. In 2013 the South China Morning Post reported that the CCP issued secret instructions to university faculty identifying seven “off-limits” subjects, including universal values, freedom of the press, civil society, civil rights, an independent judiciary, elite cronyism, and the historical errors of the CCP. Some academics self-censored their publications, faced pressure to reach predetermined research results, or were unable to hold conferences with international participants during politically sensitive periods. Foreign academics claimed the government used visa denials, along with blocking access to archives, fieldwork, or interviews, to pressure them to self-censor their work.

In 2015 then minister of education Yuan Guiren restricted the use of foreign textbooks in classrooms. Domestically produced textbooks remained under the editorial control of the CCP. In January, Reuters reported that the CCP Central Commission for Discipline Inspection had set up a team at the Ministry of Education that was “increasing supervision and inspection of political discipline” with the stated purpose, among other things, of preventing CCP members on university campuses from making “irresponsible remarks about major policies.” In addition, schools at all levels were required to merge “patriotic education” into their curriculum and extracurricular activities. The government and the CCP Organization Department controlled appointments to most leadership positions at universities, including department heads. While CCP membership was not always a requirement to obtain a tenured faculty position, scholars without CCP affiliation often had fewer chances for promotion.

In July, Chen Baosheng became minister of education, and one of his first acts was to establish a Commission on University Political Education to strengthen ideological discipline within the higher education system. At a press conference in March, Yuan highlighted the centrality of political indoctrination in the education system, declaring “the goal and orientation of running schools is to make our students become people qualified to inherit and build up socialism with Chinese characteristics.” The CCP continued to require undergraduate students, regardless of academic major, to complete political ideology coursework on subjects such as Marxism, Maoism, and Deng Xiaoping thought.

In December, Xi Jinping chaired the National Ideology and Political Work Conference for Higher Education and called for turning the academy into a “stronghold that adheres to party leadership.” Xi stressed that “China’s colleges and universities are institutions of higher learning under the Party’s leadership; they are colleges and universities with Chinese socialist characteristics.” Xi further asserted that strengthening the role of Marxism in the curriculum was needed to “guide the teachers and students to become staunch believers in the socialist value system.” Xi specifically called on professors to become “staunch supporters of the Party’s rule.”

Authorities on some occasions blocked entry into the country of individuals deemed politically sensitive and frequently refused to issue passports to citizens selected for international exchange programs who were considered “politically unreliable,” singling out Tibetans, Uighurs, and individuals from other minority nationality areas. A number of other foreign government-sponsored exchange selectees who already had passports, including some academics, encountered difficulties gaining approval to travel to participate in their programs. Academics reported having to request permission to travel overseas and, in some cases, said they were limited in the number of foreign trips they could take per year.

Censorship and self-censorship of artistic works was common, particularly those artworks deemed to involve politically sensitive subjects. In addition, authorities scrutinized the content of cultural events and applied pressure to encourage self-censorship of discussions. In March a cafe was effectively prevented from a holding an event discussing online censorship in the country after security agents threatened one of the visiting Chinese participants.

China (includes Tibet, Hong Kong, and Macau) – Hong Kong

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The law provides for freedom of speech and press, and the government generally respected these rights. An independent press, an effective judiciary, an unfettered internet, and a generally supportive government combined to promote freedom of speech and of the press on most matters. During the year, however, media groups complained about what they viewed as increasing challenges in this area. (For further detail, please see Press and Media Freedoms section below).

Freedom of Speech and Expression: There were no legal restrictions on the ability of individuals to criticize the government publicly or privately or to discuss matters of general public interest without reprisal. However, free speech advocates and educators voiced concern in August following the Education Secretary’s public comments warning teachers who “advocate” Hong Kong independence on campus must “bear responsibility and consequences,” including the loss of their teaching licenses. Subsequently, in September Chief Executive Leung said schools in Hong Kong had “no space to discuss independence.” Educators, media outlets, and free speech advocates also voiced concern over comments made by Central Government officials based at Hong Kong’s Central Government Liaison Office (CGLO). CGLO officials suggested publicly that discussion of Hong Kong’s independence amounted to “a violation of laws in Hong Kong” and suggested it could be considered sedition and/or treason under Hong Kong’s Crimes Ordinance if such speech was deemed to occur in the context of a “large-scale discussion in the hopes of gathering a large group to act together.”

The Education Bureau made no formal changes to its policy following the Chief Executive’s and Education Secretary’s public comments. Members of the Professional Teachers Union reported there had been no changes to the guidance about how the union certifies its teachers.

Prospective candidates for public office reported Hong Kong’s Electoral Affairs Commission implemented changes to its established procedures for filing legislative candidacy that limited free speech in the political arena. On July 12, the Electoral Affairs Commission instituted a new requirement that all LegCo candidates sign a pledge stating that Hong Kong is an “inalienable part” of China in order to run for office. Despite signing the required form and fulfilling other eligibility requirements, an Electoral Affairs Commission officer disqualified Hong Kong Indigenous convener Edward Leung and several other candidates for standing for election. The Electoral Affairs Commission said Leung’s disqualification was due to Leung’s proindependence comments earlier in the year, which the returning officer said was evidence that Leung was insincere in his loyalty pledge to the SAR. Leung’s supporters voiced concern the new procedures infringed on freedom of speech and the right of Hong Kongers to stand for public office, rights guaranteed in the Basic Law.

On July 20, Zhang Xiaoming, the director of the CGLO, warned the Hong Kong government against allowing the LegCo elections in September to be used to promote “proindependence remarks and activities.” Zhang suggested that allowing free speech on the matter violated the Basic Law and warned of “calamity” if proindependence views continued to spread in Hong Kong. While the CGLO Director has no legal standing, many local observers and free speech advocates said his public comments had a chilling effect on Hong Kong society.

Hong Kong residents also expressed concern about the potential implications of the November 7 NPCSC interpretation of Basic Law Article 104 on the SAR’s free speech protections. The interpretation barred legislators-elect from taking office if they refused to take the oath, altered the wording of the oath, or failed to demonstrate sufficient “sincerity” or “solemnity” when taking the oath. Some observers and legal experts voiced concern that the NPCSC’s interpretation could subject sitting legislators to legal sanctions if they “engage in conduct in breach of the oath” at any point in their respective terms. Prodemocracy advocates, particularly those who identify as “localists”, expressed fears that the interpretation created a mechanism for the central government to exclude from office, or potentially evict from office, those who espoused or were suspected of harboring political views that the central government found objectionable. The interpretation stated that the requirements and preconditions contained within it applied to legislators-elect and all other public officers and candidates for public office referred to in Article 104. Some legal experts downplayed these concerns, noting the Basic Law’s Article 77 protects legislators from legal recourse stemming from any speeches they deliver in the normal course of their representative duties, while other legal experts have noted that the central government’s powers over Hong Kong are not subject to any legal supervision, which manifests in the NPCSC’s continued assertion of a power to interpret the Basic Law at its discretion.

Many in the media and civil society organizations further alleged the central government exerted indirect pressure on media organizations to mute criticism of its policy priorities in the SAR. They also voiced concern about increasing self-censorship among the local and regional press corps.

Press and Media Freedoms: In July the Hong Kong Journalists Association in its yearly report on press freedoms in Hong Kong said its Press Freedom Index indicators declined for the second straight year, from 38.9 to 38.2 points for journalists and from 48.4 to 47.4 for the general public. Nearly 85 percent of surveyed Hong Kong journalists thought that press freedom had worsened over the previous year. The report, which this year focused on increasing mainland influence on Hong Kong media outlets, cited as challenges continuing violence against journalists by police and protestors related to media coverage of local riots, lack of government transparency, the government’s “questionable” policy on granting of television and radio licenses, and refusal to accredit online and student reporters (online reporters have since been granted accreditation). The Association called on the government to undertake a number of actions, including to “take a strong approach to protect the one country, two systems principle given the threats to Hong Kong’s high degree of autonomy as promised in the Basic Law.”

Violence and Harassment: No violent attacks on media-related personalities took place during the year.

Censorship or Content Restrictions: Reports of media self-censorship continued during the year. Most media outlets were owned by companies with business interests on the mainland, which led to claims that they were vulnerable to self-censorship, with editors deferring to the perceived concerns of publishers regarding their business interests. According to the Committee to Protect Journalists, more than half of Hong Kong’s media owners held official roles in the PRC political system, either as delegates to the NPC or to the Chinese People’s Political Consultative Conference.

Mainland companies and those with significant business dealings on the mainland reportedly boycotted advertising in the Next Media Group publications, known for its criticisms of the central government and the SAR government. Next Media Group’s popular newspaper Apple Daily said it took special measures to circumvent regular hacking attacks, including the use of sophisticated email security software and asking its lawyers to use couriers instead of email. A private cybersecurity company that works with Next Media Group told Reuters in late 2015 that it had connected denial of service attacks against Apple Daily with professional cyber spying attacks that bore the hallmarks of a common source and suggested the hacker’s apparent objectives matched the central government’s.

Libel/Slander Laws: There were no reports the government or individual public figures used laws against libel, slander, defamation, or blasphemy to restrict public discussion.

National Security: There were no reports of restrictive media distribution to protect national security. Following the November 7 NPCSC interpretation of the Basic Law, Chief Executive Leung and some presumptive Chief Executive candidates indicated that the government would again consider national security legislation. No such legislation was under consideration by LegCo at year’s end.

INTERNET FREEDOM

There were no government restrictions on access to the internet, although prodemocracy activists, legislators, lawyers, religious leaders, and protesters claimed central government authorities closely monitored their e-mails and internet use. The internet was widely available and used extensively.

There were reports of politically motivated cyberattacks against private persons and organizations.

In late 2015 the head of Hong Kong’s Democratic Party said his party had repeatedly faced sophisticated cyberattacks on its website and against members’ personal email accounts that appeared to originate from the central government. Before district council elections in November 2015, Reuters found that hackers had broken into at least 20 Gmail accounts belonging to the Democratic Party. Private cybersecurity company FireEye said attacks launched on Dropbox, in which specific victims were trapped into downloading infected files, targeted “precisely those whose networks Beijing would seek to monitor.” The company said half its customers in Hong Kong, or two and a half times the global average, were attacked by government and professional hackers in the first half of 2015.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were some restrictions on academic freedom and cultural events. Some scholars suggested Hong Kong-based academics practiced self-censorship in their China-related work to preserve good relations and research and lecturing opportunities in the mainland.

In July, Hong Kong’s Tiananmen Museum closed after two years of operation. The museum had been the only museum on PRC soil commemorating the 1989 Tiananmen Square massacre. According to CNN and Time, the Hong Kong Alliance, a prodemocracy group that operated the museum, said the closure was due to pressure from the owners’ committee of the building, which made it difficult for the museum to operate by restricting visitor numbers, filing a lawsuit disputing the usage of the space as a museum, and forcing visitors to provide their names and personal information–a requirement that discouraged visitors from the mainland. The museum operators also cited high rent and other fundraising challenges, but said they kept the museum’s exhibits and hoped to move to a new and bigger location in the future.

In August and September, the Education Secretary and the Chief Executive warned educators against the discussion of independence in schools. In September, Chief Executive Leung said schools in Hong Kong had “no space to discuss independence.” However, at the year’s end, the Education Bureau had made no policy changes in response to their comments, and members of the Professional Teachers’ Union reported their union had made no changes to the regulations governing the accreditation of teachers and the issuance of teaching credentials. For further information, please see section 2.a.

On October 1, the national holiday marking the PRC’s founding in 1949, students at eight universities in Hong Kong hung banners in support of Hong Kong independence. Media reports indicated that school officials promptly removed the banners.

Hong Kong-based international NGOs voiced concern about pro-Beijing media outlets’ sustained criticism of their activities, which the newspapers characterized as interference by foreign forces. NGO staff members reported that these efforts to discredit their work in the SAR made it difficult for the groups to continue their existing partnerships with academic institutions and their public outreach. NGOs also voiced concern about the mainland’s Foreign NGO Management Law, slated to enter into effect on January 1, 2017, noting the law would impose onerous restrictions on the ability to operate and implement social services delivery, advocacy work, and aid services. The law specifically defines Hong Kong-based organizations as covered by the law’s requirements. In April the New York-based broadcaster New Tang Dynasty Television (NTD-TV) leased the Heung Yee Kuk Grand Theater in Hong Kong to hold a dance competition. NTD-TV received a notice from the theater in May stating that the Hong Kong Government requested the theater for the same date for use in association with the September Hong Kong LegCo election. The theater canceled NTD-TV’s lease in June and offered a full refund for the contract, as well as assistance in identifying an alternative venue. NTD-TV then arranged to hold the competition at another venue, the government-subsidized Macpherson Stadium, in August, but the second venue also later revoked permission to use its premises. NTD-TV ultimately relocated the competition to Taiwan. NTD-TV is associated with the Falun Gong spiritual movement, which is banned in mainland China, but not in Hong Kong. Falun Gong advocates allege that the Hong Kong Government and the CGLO pressured these venues not to allow the dance competition to be held on their premises because of NTD-TV’s association with Falun Gong.

China (includes Tibet, Hong Kong, and Macau) – Macau

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The law provides for freedom of speech and expression, and the government generally respected these rights.

The law criminalizes treason, secession, subversion of the PRC government, and theft of “state secrets,” as well as “acts in preparation” to commit these offenses. The crimes of treason, secession, and subversion specifically require the use of violence, and the government stated it would not use the law to infringe on peaceful political activism or media freedom.

The Macau Penal Code states that anyone who initiates or organizes, or develops propaganda that incites or encourages, discrimination, hatred, or racial violence, will be liable to imprisonment for one to eight years. The law also states that anyone who, in a public meeting or in writing intended for dissemination by any means or media, causes acts of violence against a person, or group of persons on the grounds of their race, color, or ethnic origin, or defames, or insults a person, or group of persons on those grounds with the intention of inciting or encouraging racial discrimination, will be liable to imprisonment for between six months and five years.

During the year there were no arrests or convictions under this article.

Press and Media Freedoms: Independent media were active and expressed a wide range of views, and international media operated freely. The government heavily subsidized major newspapers, which tended to follow closely the PRC government’s policy on sensitive political issues, such as Taiwan; however, they generally reported freely on the SAR, including criticism of the SAR government. Two independent media websites known to be critical of the Macau government alleged cyberattacks and intrusions prior to PRC Premier Li Keqiang’s October visit to the Macau SAR.

Violence and Harassment: Activists alleged that authorities misused criminal proceedings to target government critics. There were no significant instances of violence or harassment directed at journalists.

Censorship or Content Restrictions: Activists raised concerns of media self-censorship, particularly because news outlets and journalists worried certain types of coverage critical of the government might limit government funding. Activists also reported the government had co-opted senior media managers to serve in various consultative committees, which also resulted in self-censorship. Journalists expressed concern the government’s limitation on news releases about its own activities and its publishing of legal notices only in preferred media outlets influenced editorial content.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no reports the government monitored private online communications without appropriate legal authority.

According to the Statistics and Census Service, as of July there were 317,981 internet subscribers of a population of 646,800. This total did not take into account multiple internet users for one subscription, nor did it include those who accessed the internet through mobile devices.

The law criminalizes a range of cybercrimes and empowers police, with a court warrant, to order internet service providers to retain and provide authorities with a range of data. Some legislators expressed concern the law granted police authority to take these actions without a court order under some circumstances.

Twitter, which the PRC banned on the mainland, was available on the government-provided free Wi-Fi service. Activists reported they freely used Facebook and Twitter to communicate. Activists also reported the government had installed enterprise-grade software capable of censoring, decrypting, and scanning secured transmissions on its free Wi-Fi service without notifying users.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Academics reported self-censorship and also reported that they were deterred from studying or speaking on controversial topics concerning China. Scholars also reported that they were warned not to speak at politically sensitive events or on behalf of certain political organizations. University professors reported the SAR’s universities lacked a tenure system, which left professors vulnerable to dismissal for political reasons.

China (includes Tibet, Hong Kong, and Macau) – Tibet

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of Speech and Expression: Tibetans who spoke to foreign reporters, attempted to provide information to persons outside the country, or communicated information regarding protests or other expressions of discontent through cell phones, e-mail, or the internet were subject to harassment or detention under “crimes of undermining social stability and inciting separatism.” During the year authorities in the TAR and other Tibetan areas sought to strengthen control over electronic media and to punish individuals for the ill-defined crime of “creating and spreading of rumors.” According to official news reports in January, TAR officials punished 141 individuals for “creating and spreading rumors” online between June 2015 and January.

In March public security authorities charged Tashi Wangchuk, an entrepreneur and education advocate from Jyekundo in the Tibetan Region of Kham, now part of the Yushu TAP in Qinghai Province, with “inciting separatism,” according to The New York Times. Tashi’s lawyer told the Times in August that public security case files he had reviewed indicated that the charge was based on Tashi’s participation in a late 2015 Times report about the lack of Tibetan language education in Tibetan areas. Tashi was detained in January, but his family members were not informed until late March, and he remained in detention awaiting trial at the year’s end. Tashi had no known record of advocating Tibetan independence or separatism, according to the Times, and has denied the charges against him.

On May 9, the Wenchuan County People’s Court sentenced Jo Lobsang Jamyang, a monk at Kirti Monastery and a popular writer who addressed issues such as environmental protection and self-immolation protests, to seven years and six months in prison on charges of “leaking state secrets” and “engaging in separatist activities.” The trial was closed, and his family and lawyers were barred from attending. Soon after he was detained in April 2015, 20 Tibetan writers jointly called for his release and praised his writings. Authorities held Jamyang incommunicado and reportedly tortured him during more than a year of pretrial detention.

On May 14, authorities detained Jamyang Lodroe, a monk from Tsinang Monastery in Ngaba TAP, without providing any information about his whereabouts or the reason for his detention to the monastery or to his family. Local sources told RFA reporters that it was widely believed that authorities detained Lodroe on account of his online publications.

Press and Media Freedoms: The government continued to severely restrict travel by foreign journalists. Foreign journalists may visit the TAR only after obtaining a special travel permit from the government, and this permission was rarely granted. The Foreign Correspondents Club of China’s annual report stated that reporting from “Tibet proper remains off-limits to foreign journalists.” This same report noted that many foreign journalists were also told that reporting in Tibetan areas outside the TAR was “restricted or prohibited.”

Authorities tightly controlled journalists who worked for the domestic press and could hire and fire them on the basis of political reliability. In February TAR Television announced job vacancies with one of the listed job requirements to “be united with the regional party committee in political ideology and fighting against separatism.” CCP propaganda authorities remained in charge of local journalist accreditation in the TAR and required journalists working in the TAR to display “loyalty to the Party and motherland.” The deputy head of the TAR Propaganda Department simultaneously holds a prominent position in the TAR Journalist Association, a state-controlled professional association to which local journalists must belong.

Violence and Harassment: Chinese authorities arrested and sentenced many Tibetan writers, intellectuals, and singers for “inciting separatism.” In February the Malho (Hainan) Prefecture Intermediate People’s Court in Qinghai Province sentenced Druklo (pen name: Shokjang), a writer and blogger from Labrang in the Tibetan Region of Amdo, to three years in prison for “inciting separatism.” According to various sources, Shokjang wrote poetry and prose about Chinese government policies in Tibetan areas that enjoyed significant readership among Tibetans. Chinese security officials took Shokjang from the monastic center of Rebkong in March 2015, and no information was known about his welfare or whereabouts until the sentencing almost a year later.

Censorship or Content Restrictions: Domestic journalists were not allowed to report on repression in Tibetan areas. Authorities promptly censored the postings of bloggers who did so, and the authors sometimes faced punishment.

Since the establishment of the CCP’s Central Leading Small Group for Internet Security and Informatization in 2014, the TAR Party Committee Information Office has further tightened the control of a full range of social media platforms. According to multiple contacts, security officials often cancelled WeChat accounts carrying “sensitive information,” such as discussions about Tibetan language education, and interrogated the account owners. Many sources also reported that it was almost impossible to register websites promoting Tibetan culture and language in the TAR.

The Chinese government continued to jam radio broadcasts of Voice of America and RFA’s Tibetan and Chinese-language services in some Tibetan areas as well as the Voice of Tibet, an independent radio station based in Norway. As part of a regular campaign cracking down on unauthorized radio and television channels, the TAR Department of Communications conducted an investigation in the Lhasa area in June and found zero “illegal radio programs.”

According to multiple sources, authorities in Qinghai Province confiscated or destroyed “illegal” satellite dishes in many Tibetan areas. In addition to maintaining strict censorship of print and online content in Tibetan areas, Chinese authorities sought to censor the expression of views or distribution of information related to Tibet in countries outside the PRC. In February the PRC ambassador to Bangladesh pressured organizers of the Dhaka Art Summit to remove an exhibit that displayed the handwritten final writings of five Tibetans who had self-immolated in protest of Chinese government repression.

National Security: In 2015 China enacted a new National Security Law that includes provisions regarding the management of ethnic minorities and religion. The PRC frequently blamed “hostile foreign forces” for creating instability in Tibetan areas and cited the need to protect “national security” and “fight against separatism” as justifications for its policies, including censorship policies, in Tibetan areas.

INTERNET FREEDOM

Authorities curtailed cell phone and Internet service in the TAR and other Tibetan areas, sometimes for weeks or even months at a time, during periods of unrest and political sensitivity, such as the March anniversaries of the 1959 and 2008 protests, “Serf Emancipation Day,” and around the Dalai Lama’s birthday in July. When Internet service was restored, authorities closely monitored the Internet throughout Tibetan areas. Reports of authorities searching cell phones they suspected of containing suspicious content were widespread. Many individuals in the TAR and other Tibetan areas reported receiving official warnings after using their cell phones to exchange what the government deemed to be sensitive information.

In February the head of the TAR Party Committee Internet Information Office asserted that “the Internet is the key ideological battlefield between the TAR Party Committee and the 14th Dalai (Lama) clique.”

In November the National People’s Congress Standing Committee passed a cybersecurity law that further strengthened the legal mechanisms available to security agencies to surveil and control content online. Some observers noted that provisions of the law, such as Article 12, could disproportionally affect Tibetans and other ethnic minorities. Article 12 criminalizes using the internet to commit a wide range of ill-defined crimes of a political nature, such as “harming national security,” “damaging national unity,” “propagating extremism,” “inciting ethnic hatred,” “disturbing social order,” and “harming the public interest.” The law also codifies the practice of large-scale internet network shutdowns in response to “major [public] security incidents,” which public security authorities in Tibetan areas have done for years without a clear basis in law. A work conference held in Lhasa on November 8 urged the TAR and other provinces with Tibetan areas to step up coordination in managing the internet.

Throughout the year, authorities blocked users in China from accessing foreign-based, Tibet-related websites critical of official government policy in Tibetan areas. Well-organized computer-hacking attacks originating from China harassed Tibet activists and organizations outside China.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Authorities in many Tibetan areas required professors and students at institutions of higher education to attend regular political education sessions, particularly during politically sensitive months, in an effort to prevent “separatist” political and religious activities on campus. Authorities frequently encouraged Tibetan academics to participate in government propaganda efforts, such as making public speeches supporting government policies. Academics who refused to cooperate with such efforts faced diminished prospects for promotion.

Academics in the PRC who publicly criticized CCP policies on Tibetan affairs faced official reprisal. The government controlled curricula, texts, and other course materials as well as the publication of historically or politically sensitive academic books. Authorities frequently denied Tibetan academics permission to travel overseas for conferences and academic or cultural exchanges. Authorities in Tibetan areas regularly banned the sale and distribution of music they deemed to have sensitive political content.

In May senior officials of the state-run TAR Academy of Social Science encouraged scholars to maintain “a correct political and academic direction” and held a conference to “improve scholars’ political ideology” and “fight against separatists.”

Policies promoting planned urban economic growth, rapid infrastructure development, the influx of non-Tibetans to traditionally Tibetan areas, expansion of the tourism industry, forced resettlement of nomads and farmers, and the weakening of both Tibetan language education in public schools and religious education in monasteries continued to disrupt traditional living patterns and customs.

Tibetan and Mandarin Chinese are official languages in the TAR, and both languages appeared on some, but not all, public and commercial signs. Inside official buildings and businesses, including banks, post offices, and hospitals, signage in Tibetan was frequently lacking, and in many instances forms and documents were available only in Mandarin. Mandarin was used for most official communications and was the predominant language of instruction in public schools in many Tibetan areas. Private printing businesses in Chengdu needed special government approval to print in the Tibetan language.

A small number of public schools in the TAR continued to teach mathematics in the Tibetan language, but in June the Tibet Postreported that TAR officials have replaced Tibetan language mathematics textbooks in all regional schools with Mandarin versions. Sources reported that WeChat users in the TAR discussing the issue were subsequently visited by public security officers and given warnings.

According to sources, there were previously 20 Tibetan language schools or workshops for local children operated by Tibetan Buddhist monasteries in Sichuan Province’s Kardze TAP. After the 2015 release of the Kardze TAP Relocation Regulation for Minors in Monasteries, authorities forced 15 of these schools to close and relocated their students to government-run schools.

The Kardze TAP has the highest illiteracy rate (above 30 percent) in Sichuan Province, compared with a national rate of 4 to 5 percent. Despite the illiteracy problem, in late April the central government ordered the destruction of much of Larung Gar, the largest Tibetan Buddhist education center, a focal point for promoting both Tibetan and Chinese literacy.

China’s Regional Ethnic Autonomy Law states that “schools (classes and grades) and other institutions of education where most of the students come from minority nationalities shall, whenever possible, use textbooks in their own languages and use their languages as the media of instruction.” Despite guarantees of cultural and linguistic rights, many primary, middle, high school, and college students had limited access to Tibetan language instruction and textbooks, particularly in the areas of modern education.

China’s most prestigious universities provided no instruction in Tibetan or other ethnic minority languages, although classes teaching the Tibetan language were available at a small number of universities. “Nationalities” universities, established to serve ethnic minority students and ethnic Chinese students interested in ethnic minority subjects, offered Tibetan language instruction only in courses focused on the study of the Tibetan language or culture. Mandarin was used in courses for jobs that required technical skills and qualifications.

Nepal

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution and the law provide for freedom of speech and press, and the government generally respected these rights. In some cases, the government failed to enforce the law effectively. Human rights lawyers and some journalists stated that the constitution expanded the ability of the government to restrict freedom of speech and press in ways they considered vague and open to abuse. In comparison with the interim constitution, the 2015 constitution sets out more circumstances under which laws curtailing freedom of speech and press may be formulated. These include acts that “jeopardize harmonious relations between federal units” and acts that assist a foreign state or organization to jeopardize national security. The constitution prohibits any acts “contrary to public health, decency, and morality” or that “disturb the public law and order situation.” The same provision of the constitution also prohibits persons from converting other persons from one religion to another or disturbing the religion of others.

Freedom of Speech and Expression: Citizens generally believed they could voice their opinions freely and often expressed critical opinions in print and electronic media without restriction. In July the government limited freedom of expression for the members of Kathmandu’s Tibetan community by interfering with a planned celebration of the Dalai Lama’s birthday; however, the government allowed Tibetans to celebrate other events throughout the year.

On May 2, Robert Penner, a Canadian citizen, was arrested for posting messages to Twitter that expressed support for Madhesi protesters and criticism of the government’s human rights record. Police ordered Penner to depart the country within two days for allegedly sowing “social disorder” and engaging in conduct against the “national interest,” citing a provision of the immigration law. The Supreme Court decided against granting a stay order on Penner’s deportation, saying there was no need as he had already departed the country.

Press and Media Freedoms: The independent media were active and expressed a wide variety of views without restriction, with a few exceptions. On May 23, police arrested Shesh Narayan Jha, a photographer and chief editor of Sahayatra (an online student publication) and managing editor of Samayabodh magazine, for taking photos of a protester who had smeared paint on the gate of Singha Durbar, the main government complex in Kathmandu. Initially charged under the Public Offense Act of 1970, Jha and the protester were later released.

Violence and Harassment: According to the Federation of Nepali Journalists (FNJ), the government did not make sufficient efforts to preserve the safety and independence of the media and rarely prosecuted individuals who attacked journalists, in particular those who were reporting on the Terai unrest. The FNJ also stated that some members of the security forces attempted to prevent the press from freely covering protests.

Censorship or Content Restrictions: The constitution prohibits prior censorship of material for printing, publication or broadcasting, including electronically. The constitution also provides that the government cannot revoke media licenses, close media houses, or seize material based on the content of what is printed, published, or broadcast. The constitution, however, also provides for “reasonable restrictions” on these rights for acts or incitement that “may undermine the sovereignty, territorial integrity, nationality of Nepal, or harmonious relations between the federal units or harmonious relations between the various castes, tribes, religions, or communities.” Speech amounting to treason, defamation, or contempt of court is also prohibited.

Media professionals expressed concern about an additional provision in the constitution that allows the government to formulate laws to regulate media. Such laws could be used to close down media houses or cancel their registration. The constitution also includes publication and dissemination of false materials as grounds for imposing legal restrictions on press freedom.

Although by law all media outlets, including government-owned stations, operated independently from direct government control, indirect political influence sometimes led to self-censorship. This was particularly true of stories that could be considered politically provocative. The FNJ stated that journalists working for Terai-based media or for major national media in the Terai region exercised self-censorship during protests over the constitution.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. The Electronic Transaction Act of 2008 prohibits publication in electronic form of material that may be “contrary to the public morality or decent behavior,” may “spread hate or jealousy,” or may “jeopardize the harmonious relations subsisting among the peoples of various castes, tribes and communities.” Authorities took action under the Electronic Transaction Act in an incident relating to material posted on social media. On May 8, police arrested Manoj Kumar Rai, also known as Bhadragol Kirati, chief editor of Gaunle magazine, after he published and posted on Facebook material that criticized Bhakta Bahadur Rai, a self-declared religious guru. Police held Rai in custody for 10 days before the court released him on bail.

On June 14, the government approved the Online Media Operation Directive, which requires all Nepal-based online news and opinion websites to be registered. The directive gives the government the authority to block websites based on content if that content lacks an “authoritative source,” creates “a misconception,” or negatively affects international relationships. The government also has the authority to block content that threatens the country’s sovereignty, territorial integrity, nationality, or harmonious relations. Online sedition, defamation, contempt of court, or indecent and immoral content may also be blocked. Media experts and journalists expressed concern that the directive’s vague language gives the government power to censor online content arbitrarily, threatening freedom of press and online freedom of expression. As a result of such criticism, the government formed a three-member panel to amend the directive. As of August no changes had been made to the directive.

ACADEMIC FREEDOM AND CULTURAL EVENTS

The law provides for the freedom to hold cultural events. Government permits are required to hold large public events. During the year the Tibetan community did not request permission for a number of small events confined to their settlements or within monasteries; they did not face repercussions although they faced restrictions (see section 2.b.). Authorities granted approval to the Tibetan community to organize a ceremony for the third day of the Tibetan New Year on February 11, but a celebration planned in Kathmandu for the Dalai Lama’s birthday on July 6 was cut short due to police interference. With the exception of the Dalai Lama’s birthday, Tibetans throughout the Kathmandu Valley attended such events with minimal reports of restrictions of movement.

Sri Lanka

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution provides for freedom of speech and press and the government generally respected these rights, although there were reports government officials arrested, assaulted, and harassed journalists based on their reporting.

Freedom of Speech and Expression: The constitution provides for the right to free speech. Authorities restrict “hate speech,” however, including insult to religion or religious beliefs through the Police Ordinance and Penal Code. Government authorities arrested and detained two individuals on charges of leading racial hate campaigns targeting other religious communities. Both cases are pending. The government continued to monitor political and civil society meetings, particularly in the north and east.

Press and Media Freedoms: Independent media were active and expressed a wide variety of views without restriction.

Violence and Harassment: Journalists reporting on sensitive topics were sometimes subject to arrest, physical violence, harassment, and intimidation, particularly by local police authorities.

For example, in April, journalists in Jaffna reported on a protest related to water contamination. They subsequently reported intimidation by local police authorities in an attempt to disrupt media coverage. Several of the journalists reported being followed by police, another reported threats of violence, and one was arrested.

In December, the Navy commander verbally and physically assaulted a provincial journalist during a protest at the Hambantota Port. The government issued a statement the following day saying the journalist had violated basic ethical practices while covering sensitive conflict situations.

In March the president appointed a committee to look into and seek justice for journalists subjected to harassment.

Censorship or Content Restrictions: The government did not directly censor the media. Journalists subject to police violence or harassment report they self-censored to avoid further harassment.

INTERNET FREEDOM

The government generally did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. The government placed limited restrictions on websites it deemed pornographic. Approximately 22 percent of individuals in the country use the internet, and 20 percent have access to the internet at home.

ACADEMIC FREEDOM AND CULTURAL EVENTS

The constitution provided for the freedom of assembly and association, and the government generally respected these rights. There were, however, allegations that state university officials prevented professors and university students from criticizing government officials. Some academics noted the environment of intimidation led to self-censorship.

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The Lessons of 1989: Freedom and Our Future