Background on internet censorship in China

Amnesty International is concerned that Chinese Internet service providing companies, including Baidu, Sina and Sohu, are complying with Chinese government requests and demands to censor content online and otherwise repress the rights to freedom of expression and privacy.

Human rights obligations apply to all states equally. Yet there is a tendency in the international business community to deal with China using a unique set of standards. China has signed the International Covenant on Civil and Political Rights (ICCPR), which means it intends to be bound by the spirit of the Covenant pending ratification. Article 19 of the ICCPR clearly states that everyone shall have the right to hold opinions without interference; that everyone shall have the right to freedom of expression, and that this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. Article 17 of the ICCPR states that "no one shall be subjected to arbitrary or unlawful interference with his privacy... or correspondence".

The ICCPR does place certain reasonable restrictions on the exercise of these fundamental rights, for instance in the case of inciteful hate speech. However the legitimate grounds recognized for such limitations, including protection of the rights and reputations of others, national security, public order, or public health or morals – cannot be read as restricting discussions about democracy and religious and political freedoms. Indeed, the Covenant specifies that any limitations on freedom of expression and information must be strictly proportionate to the aim sought and limited to those "necessary in a democratic society". The restrictions on freedom of expression and information which Chinese internet companies appear to be facilitating in China go way beyond what is reasonable based on international standards.

Companies have a responsibility to respect human rights over local laws where these laws pose a threat to fundamental human rights. This is especially true when the rights at issue are protected in the state's own constitution, as is the case in China. Article 35 of the Constitution of the People's Republic of China seeks to ensure that citizens enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration.

But, even where local law does not exist to afford such protection or where the law is inconsistent with human rights, companies have a responsibility to respect human rights over local laws, especially where they pose a threat to fundamental human rights. Article 12 of the ICCPR further states: "Transnational corporations and other business enterprises shall respect [human] rights and contribute to their realization, in particular the right to... privacy, education, freedom of thought, conscience, and religion and freedom of opinion and expression, and shall refrain from actions which obstruct or impede the realization of those rights.”

Especially in the lead-up to the Beijing Olympics, a time when Chinese companies have a real opportunity to take a stand in support of human rights, Amnesty International calls on Baidu, Sina and Sohu to:

• Make publicly available all agreements between the company and the Chinese government with implications for censorship of information.
• Rescind any agreements to participate in “self-discipline” pledges or other restrictions on freedom of expression or privacy rights issued by the Chinese government.
• Put pressure on the Chinese government to remove blockages of terms and content and ensure the Chinese public has uninhibited access to the full range of information available on the Web in line with international standards on freedom of information and freedom of expression.
• Develop an explicit human rights policy that states the company’s support for the Universal Declaration of Human Rights and complies with the principles articulated in the UN Norms for Business. In this light, make clear to the Chinese authorities, as well as to the global community, that they are not willing to assist governments in implementing their systems of internet censorship, nor providing information directed at restricting freedom of expression.