China’s web law can’t be justified

CHINESE authorities’ excessive controls on the internet can’t possibly be justified, even with the enactment of a new law.

China has brought into force the Cybersecurity Law, which prohibits internet users from exchanging information online that could lead to “subversion of the national regime or the overthrow of the socialist system”. The law also stipulates that authorities can restrict area-wide internet communications when a major incident affecting public safety occurs.

The legislation contains many vague provisions, leaving plenty of room for Chinese authorities to exercise their discretion. It is obvious that the authorities aim to contain speech critical about the government by deploying the law arbitrarily under the pretext of “state security”.

The administration of Chinese President Xi Jinping is faced with this autumn’s National Congress of the Communist Party of China, where the leadership of his administration will be decided. The administration may also intend to further tighten its grip on power at home through “reinforced censorship” on the internet.

Also of concern is the fact that the law contains regulations that will adversely affect foreign companies. The legislation obliges network operators and providers to have personal information and “important data” stored on their servers within China. The authorities will conduct security assessments when large volumes of data are to be transmitted overseas.

Dangers related to this include leaks of classified information and a compromised ability by foreign companies to send information from China to head offices in their home countries.

China’s internet market has grown rapidly. It is inevitable that foreign governments and trade groups are expressing concern, saying the law is a “trade barrier to drive out foreign businesses”.

China has introduced regulations so that people or incidents deemed inconvenient to the authorities cannot be searched for online. Google, Facebook, Twitter, Line and similar services have been blocked within China.

The pace of this control on networks has been accelerating in China since the inauguration of the Xi administration. In addition to the State Security Law and the Antiterrorism Law, both of which were brought into force at earlier dates, the latest cybersecurity law can be considered the culmination of activities to “legalise” the network controls that the state has been carrying out with no legal backing.

Such self-justifying application by China of its “rule of law”, which differs greatly from international standards, to foreign companies and others is unacceptable.

One of the advantages of the internet is that it has no borders. It is unjustifiable for a country to corral information to gain an advantage for that country. China has also caused friction with other countries regarding oceans and outer space, with its unilateral advances and developments. These are not the actions of a responsible major power.