China’s censors in dock over ‘abnormal gays’ stance

Rare test case for state media regulator that classifies homosexuality alongside incest

CHINA’S media regulator is being taken to court over its view that homosexual activities are “abnormal”, in a rare public case that pits state censorship against gay rights. Following a crackdown on showing homosexuality in the Chinese media, a Beijing court has made the unusual move of accepting a legal challenge brought by a member of the public who hopes to raise awareness in a country where highly conservative views on homosexuality predominate.

In the unlikely event that Fan Chunlin, 30, wins his case, China’s State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) would be forced to publicly clarify a regulation banning the release of programmes that show “abnormal sexual relations or behaviour”. The SAPPRFT is in charge of censoring the media for content it considers vulgar, immoral, illegal or politically sensitive.

It currently classifies homosexual behaviour alongside incest and sexual violence as “abnormal sexual relations”. With China’s courts, the media and the SAPPRFT all controlled by the ruling Communist Party, the chances of Mr Fan winning the case are small. However, Tang Xiangqian, Mr Fan’s lawyer, said that he hoped the challenge would raise awareness of rights for homosexual people in the country.

Homosexuality was illegal in China until 1997, and classified as a mental illness in the country until 2001. Since then China has made much progress with regards to acceptance of non-heterosexual lifestyles, but it still lags many of its Asian neighbours with regards to gay rights. In June last year Taiwan, the island that is self-governed with its own president but which Beijing considers a rogue state, voted to allow gay marriage. A similar move in mainland China seems decades away if at all, according to experts.

China, which has a population of 1.35billion, only has one regular Gay Pride event, which takes place annually in Shanghai and is still the target of attention from police.

Homosexuality remains a taboo subject for many Chinese. It is estimated that a tiny percentage of homosexuals people ever come out, and many have sham marriages to fool their families into thinking they are heterosexual.

Chinese media regulators maintain a highly conservative attitude towards homosexuality on screen. In February 2016 the Chinese TV show Addiction, which focused on gay students, was taken off air shortly after becoming hugely successful.

Imported foreign films are also scrutinised for homosexual content, even if it doesn’t involve humans. Last year the film Alien: Covenant, directed by Ridley Scott, was censored in Chinese cinemas to remove a kiss between two robots, both played by Michael Fassbender.