Sunday, January 10, 2016

State Media Publishes Calls for German Christoph Rehage to be Prosecuted for Insulting Mao Zedong

On December 29, 2015, the Chinese Communist Party sponsored China Youth Daily published an article on its website, China Youth Net, entitled “Artist Tweets and Becomes Target of 'Foreign Online Celeb's' Blasphemy, Accused of Spreading 'Nazi Ideology'” (艺人发博遭“洋网红”亵渎 被诬宣传“纳粹思想”). Some excerpts:
"I say, who harms China the most? Its those irresponsible celebrities. Just like Wang Baoqiang, that's what is most disgusting." Recently, a video recorded and produced by the "Foreign Online Celeb" Rehage was being passed around on social media, making shockwaves among Internet users. In the 4:43 long video, Rehage uses words like "disgusting," "uncivilized," and "uncultured" to describe actor Wang Baoqiang, saying the Weibo Wang Baoqiang posted saying "Happy Birthday Grandpa Mao" was spreading "inhuman ideas" and "Nazi ideology," and "was harmful to society and harmful to himself."

“我说,谁最对中国有害呢?那就是那些不负责任的明星。就像王宝强一样,那是最恶心的。”近日,一段由“洋网红”雷克录制的视频在社交媒体中被转载传播,震惊网友。在这段长度为4分43秒的视频中,雷克用“最恶心”、“没文化”“没水平”等字眼形容演员王宝强,称王宝强发布“祝毛爷爷生日快乐”的微博是宣传“反人类思想”“纳粹思想”,“对社会有害、对自己有害”。
On December 30, the China Youth Net posted two editorials about Christoph Rehage. Some excerpts:

Those Who Would Blaspheme the Nation's Founders Must be Expelled (亵渎开国领袖必须依法驱逐)
by Anonymous China Youth Net Commentator (中国青年网评论员)
Recently the German Rehage used his fluent Chinese to publish a video online comparing Mao Zedong, one of the main founders of the People's Republic of China, to Hitler. Foreigners like Rehage who target broadcasts at China's Internet users and use extremist language to challenge the bottom of line of the feelings of the Chinese masses and China's mainstream ideological values represent a severe threat to the security of China's ideological values, and must be expelled at once in accordance with the law.
. . . .
On the birthday of Mao Zedong, the actor Wang Baoqiang posted a Weibo saying "Wishing Grandpa Mao a Happy Birthday." This was the simple sentiment of countless Chinese people, an expression of the sentiment that "those who drink should never forget the well diggers," and a heartfelt expression of gratitude for "The Chinese people have stood up" and the great rejuvenation of the Chinese people. This is the most universally held sincere feeling of the Chinese people. Rehage's attack on Wang Baoqiang as being "utterly disgusting," "uncivilized," and "uncultured" was a baseless attack that hurt the feelings of the Chinese people, and a brazen challenge to China's mainstream ideology.
. . . .
Today, near as we are to the great rejuvenation of the Chinese nation, Chinese people will never again be driven out and slaughtered by the rifles of great foreign powers. We have grabbed hold of our own destiny, and we are embarked on the arduous path in the quest for advancement. Whomsoever claims greatness through their deeds should be commemorated in perpetuity. No one, much less a foreigner, is entitled to interfere with, or make criticism of, the free expression of Wang Baoqiang.
. . . .
The great gate of China's reform will never be shut. But Rehage is increasingly looking like one of those unprincipled Big V's, who rely on being controversial to draw eyeballs. He has previously insulted Lei Feng, and taken part in satirizing the national heroine Hua Mulan. This foreigner Rehage has eaten China's food and then smashed China's bowl, and we no longer welcome him.
. . . .
If Rehage is currently within the borders of China, we must immediately expel him in accordance with the "National Security Law," the "Exit and Entry Administration Law," and relevant regulations. If he is not within the borders of China, he should henceforth be banned from entering.

近日,德国人雷克在网上用流利汉语发布视频,将中华人民共和国的主要缔造者毛泽东比为希特勒。像雷克这样的外国人,以中国网民为传播对象,以极端语言挑战中国民众感情的底线,挑战中国主流意识形态,已经严重危害中国意识形态安全,必须立即依法驱逐。
. . . .
毛泽东诞辰日,演员王宝强发微博“祝毛爷爷生日快乐”。这是无数中国人的朴素感情,是“喝水不忘挖井人”的真诚表达,是对“从此站起来了”以及中华民族伟大复兴的由衷欣慰。这是中国人最为普遍的真实情感。雷克攻击王宝强“最恶心”、“没文化”、“没水平”,是对王宝强的无端攻击,是对中国人民的感情伤害,是对中国主流意识形态的公然挑战。
. . . .
今天,我们距离民族伟大复兴如此之近,中国人再也不会被列强联军端着大枪驱赶和杀戮,我们掌握了自己的命运,我们在前进道路上艰苦探索曲折前进。谁居功至伟,谁该被永远纪念,中国人心里有数,王宝强的自由表达没谁有资格干涉指责,更何况一个外国人。
. . . .
中国开放的大门永远不会关上。但雷克越来越像一些无良大V,靠挑战主流挣眼球。他还曾侮辱雷锋,参与恶搞巾帼英雄形象花木兰。雷克这样的外国人,吃中国饭,砸中国碗,我们不欢迎。
. . . .
如果雷克正在中国境内,我们必须依据《国家安全法》和《出境入境管理法》的相关规定,立即依法驱逐;如果其不在中国境内,今后应该禁止其入境。

Experts: Rehage's Subjective and Malicious Critique of Mao Zedong Constitutes a Violation of the Law (专家:雷克主观恶意评价毛泽东构成违法)
by Lu Guanqiong and Li Ta (卢冠琼 李拓)
China Youth Net interviewed several academic and professional experts regarding the impact that Rehage's actions have had. The experts indicated that Rehage's actions constitute violations of the law.

"The assessment made by Rehage in the video was not an objective assessment. If it had been objectively factual, then it could be deemed freedom of speech. But Rehage's statements were for the most part purely false and subjectively malicious." Zhu Wei, deputy director of the Chinese University of Law and Politics' Mass Media Research Center, told reporters from China Youth Net, the actions of the young German Rehage disturbed public order and constitute a violation of the law. According Zhu Wei's analysis, "Rehage called Chairman Mao 'China's Hitler' and described him as someone who 'put to death millions of his countrymen,' and this is a far cry from being historically objective, and was clearly subjectively malicious." Zhu Wei pointed out, "subjective malice is considered a violation of freedom of speech even in Europe and America."
. . . .
Some Internet users wondered, "If Rehage did not record and produce this video and make these statements within the borders of China, can Chinese law still be applied to his actions?" Zhu Wei answers in the affirmative. Zhu Wei notes, "Even if Rehage is physically in Germany, or in any other country besides China, his actions were extended through the Internet, and what happens in the Internet environment happens in China. While there exists a distinction between the virtual and the physical, nevertheless because the nature of his influence and his online behavior takes place in China, therefore it remains appropriate to apply Chinese law."

Zhu Wei further explained, "For example, a person may be physically within their own country, but the online influence of their actions may take place internationally or in another country, and on the basis of the principles of 'protection' and 'jurisdiction,' any nation that feels the impact of only behavior will have the requisite jurisdiction."
. . . .
Zhu Wei went on to say, "We have jurisdiction over our own Internet environment, and regardless of where a person is located, as long as China's Internet is implicated, Chinese law will be applied him." Zhu Wei pointed out, Rehage's actions clearly violated the "Ten Articles for Weixin" ("Interim Rules on the Development and Administration of Instant Messaging Tools and Public Information Services").

Zhu Xudong, deputy director and Party Secretary of the Chinese Academy of Social Science's National Cultural Security and Ideology Building Research Center, told a China Youth Net reporter stated explicitly that "Foreign Public Intellectual" Rehage is not a one-off case, but is rather a kind of group force whose fundamental goal is to use foreign voices to mislead  Chinese people in their understanding of many matters and subvert our history and values in order to ultimately throw our ideology into disarray.

Zhu Xudong said: "This kind of speech has an impact on the our nation's ideological security, and what follow next is to endanger our national security. We must be steadfast in exposing and attacking, exposing the danger they represent.

A lawyer with 30 year's experience told a China Youth Net reporter that, from the perspective of Chinese law, looking at Rehage's recording and producing a video for public distribution, he could be suspected of violating the provisions of Article 246 of the "Criminal Law of the People's Republic of China" relating to crime of insulting and defaming. He said that, as expressed in the text of that law, Rehage's public online brazen use of fabricated facts to defame China's leaders represents an insult to the dignity of those leaders, and should constitute the crime of insulting and defaming.

This lawyer also mentioned that, although the crime of insulting and defaming falls under the category of crimes that only addressed when a complaint is made, because China's national leaders represent the image of the nation, this falls with the scope of the national interest. Seeing as Rehage brazenly humiliated and defamed a former national leader harmed the national image, and furthermore severely jeopardized the national interest and caused its international image to suffer, therefore Rehage's actions could be subject to legal prosecution by the state's public prosecutorial agencies.

针对雷克的行为与造成的影响,中国青年网采访了几位学界、业界专家。专家们表示,雷克此举,已构成违法。

“雷克在视频中对于毛泽东的评价,不是一个客观的评价。如果是客观的事实,可以认为是言论自由。但是雷克的言论,更多的是无中生有与主观恶意。”中国政法大学传播法研究中心副主任朱巍告诉中国青年网记者,德国青年雷克的行为扰乱社会公共秩序,已经构成了违法。朱巍分析,“雷克将毛主席称作‘中国的希特勒’,并形容他‘弄死几千万个同胞’,这样的言论不是对历史的客观还原,具有明显的主观恶意。”朱巍指出,“主观恶意,即便是在欧洲和美国,也是触犯了言论自由的底线。”
. . . .  
有网友疑问,“如果雷克不是在中国境内录制这段视频、表述这些言论,他的行为适用于中国法律吗?”朱巍给出了肯定的答复。朱巍指出,“即使雷克身在德国,或者是中国以外的其他国家,其行为的网络延伸、网络环境发生在中国,虚拟性主体和现实就算存在时空的差距,但是因为他的影响情况和网络行为发生在中国,所以仍旧适用于中国的法律。”

朱巍进一步解释,“例如,一个人身在自己的国家中,但是其行为的网络影响发生在了国际上,发生在其他国家,按照‘保护原则’、‘管辖原则’,受到网络行为影响的国家,就有相关的管辖权。”
. . . .
朱巍补充道,“我们对自己互联网的环境有管辖权,不管这个人在什么地方,只要涉及中国的网络,他都适用于中国的法律。”朱巍指出,雷克的行为很明显已违反了2014年8月国家互联网信息办公室发布的“微信十条”(《即时通信工具公众信息服务发展管理暂行规定 》)。

中国社会科学院国家文化安全与意识形态建设研究中心副主任兼秘书长朱继东在接受中国青年网记者采访时则直接表示,雷克这样的“洋公知”不是个案,而是一种群体势力,他们的根本目的就是以局外人的腔调,误导国人对于很多事情的认知,颠覆我们的历史和价值观,最终扰乱我们的意识形态。

朱继东说:“这样的言论影响到我们国家的意识形态安全,进而危害我们的国家安全。我们要坚决予以曝光和抨击,揭露其危害。”

一位从业30年的律师对中国青年网记者表示,从我国法律层面,根据雷克录制视频并公开发布的行为来看,他涉嫌违反了《中华人民共和国刑法》第二百四十六条规定的侮辱诽谤罪。他表示,根据相关法律条文的表述,雷克在公开的网络上以公然的方式利用捏造事实的方法诽谤我国领导人,是对领导人人格的侮辱,应符合侮辱诽谤罪的构成。

该律师也提到,虽然侮辱诽谤罪属于“告诉才处理”的罪名之一,但我国国家领导人代表国家形象应属于国家利益范畴。而雷克公然侮辱诽谤前国家领导人的行为有损国家形象,并且严重危害了国家利益,造成恶劣国际影响,所以雷克的行为可以由国家公诉机关提起相关追诉程序。

On December 31, the China Youth Net published an editorial by Wang Dehua (王德华) entitled "Foreigner's Blasphemy of Leaders is Internet Users' Shame" (任老外亵渎领袖是网民耻辱). Some excerpts: 
Once we were slaves. If we were not, then the 100 years of degradation of the Chinese people from 1840 to 1949 would never have taken place. We should rejoice at all we have today. From 1949, when the guns in front of Tiananmen sounded the founding of the nation until today, we now near the great rejuvenation of the Chinese people. Mao Zedong and the Party and army he founded saw much suffering, and we have reaped glory.
. . . .
There is nothing that is more frightening than having a monument representing the spirit of a people be destroyed. What accompanies the tumbling of great men and heroes is the collapse of a pillar of the entire nation's faith. Yesterday they defended us, and today we are duty bound to defend them. In defending them we defend our blessed existence.

It is as the commentators have said: "As for those shallow, ignorant, and insolent foreigners Ursula Gauthier and Christoph Rehage and their ilk, we do not look to be able to change them, but we have the right to chose our friends. According to the law, we must close the door to them." More than that, we must also make these people show respect, and give up their shallow, ignorant, and insolent ways.

我们曾经是奴隶,否则不会有1840到1949年中华民族的百年沉沦。今天的一切都值得我们庆幸。1949年天安门前响起建国礼炮,及至今天,我们距离民族复兴已经如此之近。毛泽东和他缔造的党和军队历经苦难,我们收获辉煌。
. . . .
没有什么比一座座民族精神丰碑被毁坏更可怕的事情了,伴随着伟人和英雄们的倒下,是全体国民信仰支柱的崩塌。昨天,他们保卫了我们;今天,我们理该保卫他们;保卫他们,就是保卫我们的幸福生活。

正如评论所说,“对于郭玉、雷克这种浅薄无知张狂的外国人,我们不指望能改变他,但我们有权利选择朋友。依据法律,我们必须对他们关门。”同时,我们更要让这些人有所敬畏,改掉他们肆无忌惮无知张狂的习惯。

On January 1, 2016, the China Youth Net published an article by Lu Guanqiong (卢冠琼) entitled "German Rehage Blasphemes Mao Zedong and Invokes Public's Wrath, Internet Users Call for His Expulsion" (德国人雷克亵渎毛泽东惹众怒 网民齐呼驱逐). Some excerpts: 
Internet spaces are not a lawless territory. Zhu Wei, deputy director of the Chinese University of Law and Politics' Mass Media Research Center, told reporters from China Youth Net: "There is sovereignty on the Internet, and this sovereignty comprises the will of the nation. A major component of this Internet sovereignty is judicial sovereignty."
. . . .
Internet user @LovesToTrace said, "To forget history is a kind of treachery. The famous dictum rings in our ears, and we cannot forget the great men and heroes, and that it was they who built for us this blessed home where we enjoy our happy lives. We will not tolerate anyone smearing or marginalizing our national heroes for any reason. A people that is full of energy and potential should be of the highest quality throughout, and not tolerate any speech or act that wantonly distorts or slanders history and stirs up trouble in China."
. . . .
Zhejiang Internet user "Maple Tree" left a message after the news: "We cannot turn a blind eye to any insults to national heroes and leaders, and must resolutely support state prosecutors' to indict this psycho Rehage!" Over a thousand Internet users indicated their approval of his views on a news client platform.

网络空间不是法外之地。中国政法大学传播法研究中心副主任朱巍在接受中国青年网记者采访时表示,“互联网上有主权,这个主权是有国家意志在里面的。其中,互联网主权中很重要的一块,就是司法主权。”
. . . .
网友 @喜欢临帖说,“忘记历史就意味着背叛。名言铮铮在耳,我们不能忘记伟人和英雄,是他们为我们创建了幸福的家园,享受着快乐的生活,任何人以任何理由诬蔑歧视民族英雄都是不容许的,一个充满正能量、具有光明前途的民族应该是高素质的整体,不容任何肆意歪曲、诋毁历史的言行在中国大地兴风作浪。”
. . . .
浙江网友“枫林”在新闻后留言,“对于侮辱民族英雄和领袖的行为我们不能熟视无睹,坚决支持国家公诉机关起诉狂人雷克!”其观点在新闻客户端平台被逾千名网友点赞。
On January 1, 2016, the China Youth Net published an editorial by Zhao Huaqi (赵华奇) entitled "We Must Draw Our Swords Against Foreigners Who Would Blaspheme Our Nation's Founders" (对洋人亵渎开国领袖须亮剑). Some excerpts: 
Some time ago, the speech of historical nihilists flooded the Internet, defaming China, smearing heroes, vilifying revolutionary martyrs, to the point where it was becoming "fashionable," a period of pestilential atmosphere. From Lai Ning to Lei Feng to Qiu Shaoyun to Hua Mulan, these historical events and factual legends that embody Chinese people's striving ever upward and represents the spirit of the Chinese people, they have all been shaken and blackened. This is not by accident, but is instead an organized and premeditated act of destruction. Accompanying the gradual awakening of the Internet's popular will has been a clear stifling of that strand of perversity. Bi Fujian's insults to the leaders were met with popular condemnation, and he was subjected to Party disciplinary action.  Jia Duo Bao and "Zuo Ye Ben" were forced to apologize after humiliating heroic martyrs by using them in advertising campaigns. Unprincipled intellectualism can no longer fight the tide, and now "Foreign Online Celebs" are going into battle naked!

We need to have a concept of Internet sovereignty. No one may trample on national lands, and  the Internet territory may not be willfully invaded. This implicates issues of national security principles. Rehage is not in China, but he has had an impact in China. This is naked online provocation. The Eight-Power Allied Forces once came to China with their cannon, and we cannot allow their ancestors to use online culture to invade China. Therefore, we cannot adopt a laissez-faire attitude to the Rehage's generation. Their willful blasphemy of our nation's founding fathers is intended to destroy our history, destroy our faith, and destroy our common cause. 

早些时,历史虚无主义言论充斥网络,眦必中国、抹黑英雄、诋毁革命先烈甚至成为“时尚”,一时间乌烟瘴气。从赖宁到雷锋到邱少云到花木兰,历史的现实的,真实的传说的,凡是蕴含民族向上向善追求、代表民族精神人物形象,纷纷被撼摇抹黑。这不是偶然的,而是有组织有预谋的破坏行为。随着网络民意逐渐觉醒,这股子邪气已被明显压制。毕福剑因辱骂领袖饱受舆论谴责,并受到党纪处分;加多宝和“作业本”侮辱英烈搞营销,最终道歉。无良公知已经翻不起浪,现在“洋网红”竟赤膊上阵!

我们要有网络主权意识。国土不能被践踏,网络领土也不能被恣意侵扰。这是涉及国家安全的原则问题。雷克人不在中国,但针对中国制造影响。这是赤裸裸的网络挑衅。八国联军曾端着大枪来过中国,我们不能让他们的子孙再通过网络文化侵略中国。所以,对于雷克之辈,我们不能听之任之。他们恣意亵渎我们的开国领袖,是要毁掉我们的历史,毁掉我们的信仰,毁掉我们的共识和公约数。

On January 1, the China Youth Net published a second editorial by Wang Dehua (王德华), this time entitled "Defense of Mao Zedong is a Great Tree's Vigilance of Its Roots" (捍卫毛泽东是大树对根须的守望). Some excerpts:
Recently, after Rehage was severely criticized by the China Youth Net for recording and producing a video blaspheming Mao Zedong, the leader of the People's of Republic of China, he had the temerity to demand the China Youth Net "apologize."
. . . .
Some people have said that the China Youth Net "overreacted," and "shouldn't lower itself to the level of an online hooligan." Looking at commentary on the forums, the foreigner's blasphemy of our leader did in fact lead to some of our fellow countrymen to act obsequiously, is it possible this is an overreaction? This is a tragedy for China, a disgrace for Internet users.

This was a battle where the enemy sought to attack and demolish the dikes of our national spirit, an enemy taking a knife to our faith.
. . . .
During the second "World Internet Conference" one phrase that Secretary General Xi Jinping emphasized was "Internet Sovereignty." Internet sovereignty is an important component of state sovereignty, and public opinion security is at the core of Internet security. China's Internet sovereignty must be lead by Chinese people. To render the  national spirit unassailable we must firmly grasp the battlefield of online ideology in the palm of our hands.
. . . .
Is it considered free speech in America to misrepresent and attack Washington, or in England to insult the Queen? We do not need any phony affection or apologies from Rehage. The state should establish a permanent blacklist, and add to it anyone who is anti-China, anti-Mao, or who slanders the Chinese Communist Party, shutting the door to them forever, and never let them set foot on China's sacred soil!

近日,德国人雷克录制视频亵渎中华人民共和国领袖毛泽东,遭到中国青年网的严厉批评后,并无耻地要求中国青年网“道歉”。
. . . .
有人说中国青年网“反应过度”,“何必和一个网络流氓一般见识”。看看评论区吧,老外亵渎领袖竟引起一些国人捧臭脚,这难道是反应过度?这是中国的悲哀,这是网民的耻辱。

这是一场敌人要击毁和瓦解我们民族精神堤坝的战争,是敌人刺向我们信仰的一把尖刀。
. . . .
在第二届“世界互联网大会”上,习近平总书记反复强调的一个词是“网络主权”。网络主权是国家主权的重要组成部分,舆论安全是网络安全的核心。中国网络主权必须由中国人主导。要让民族精神屹立不倒,就要把网上意识形态阵地牢牢掌握在手中。
. . . .
在美国歪曲攻击华盛顿,在英国辱骂女皇,能是言论自由吗? 我们不需要雷克任何虚情假意的道歉。国家应建立永久性的黑名单,把那些反中、反毛泽东、诋毁中国共产党的列入之中,永世拒之门外,不得踏入中国神圣大地一步!

Translation: Xu Zhiyong's Statement in His Own Defense

 Source: https://chinadigitaltimes.net/chinese/694913.html China Digital Times: On April 10, 2023, Xu Zhiyong, a well-known human rights de...