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VOL. 52 NO.22 JUNE 4, 2009
Newsletter> VOL. 52 NO.22 JUNE 4, 2009
UPDATED: May 31, 2009 NO. 22 JUNE 4, 2009
Reporting Courts Independently
 
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(LI SHIGONG) 

Some, not all, journalists in southwest China's Yunnan Province have been promised greater access to the local judiciary after the provincial higher court, the highest local court, granted 14 reporters "specially invited press observer" status in early April.

Courts across the province are required to notify the reporters, who have been issued unique identification, about major cases and decisions, as well as to assist the reporters in their court work. The reporters have also been assured that their criticisms and suggestions regarding court work will be taken seriously.

Yunnan's initiative, however, has sparked off streams of disputes online. Most netizens questioned the legitimacy of this program, saying that reporters are entitled to do their job independently. How then can local courts intervene by "authorizing" reporters to do their duties, asked those opposed to the program. What also emerged in discussion was concern over whether the reporters would become court lackeys and whether those not on the favored list would be denied court access.

Supporters argued that it would help improve the courts' working efficiency, ensuring Yunnan judges exercise their discretionary power more cautiously because of media scrutiny. Others said the provincial higher court had not thought the program through clearly, and that it could undermine the principle of independent journalism.

Cover or uncover?

Pan Hongqi (Qilu Evening News): It is constitutionally stipulated that the media's role as a watchdog is to be independent, a process which does not need to be "authorized" or interrupted by administrative power. Whether we like it or not, the principle of independent journalism is a vital component of a free society. Therefore, Yunnan local courts, which are voluntarily providing convenience for media access, demonstrate a positive attitude within the judicial system by allowing monitoring of the judiciary through the media.

Whatever the monitoring form is, or whatever response comes from those being monitored, either negative or positive, reporters must abide by the rule of independent journalism, as well as the ethics of this profession. Reporters should ensure that the reporting is true, unbiased and fair.

These reporters who are "proud" of being guaranteed an easier but disgraceful mode of access to the courts are a shame to their profession by undermining the rule of independent journalism.

Liu Xiaoren (Shanxi Evening News): We have heard plenty about the media's role of checking judicial organs, especially in the realm of anti-corruption. As news spreads faster today and our society becomes more transparent, dedicated reporters are required to provide the true facts about all issues affecting the public.

The goal of judicial impartiality is achieved through both integrity within the judicial system, and media monitoring, in which process reporters play a role to seek the truth for us. Courts at various levels are subject to this supervision and should not prevent reporters from hearing trials or investigating cases. Of course, reporters are also not to interfere in legal decisions made by the judiciary.

In reality, the preferential access may mean reporters without it may be barred from entering courts.

Cao Lin (China Youth Daily): We have heard pleas and vows from the highest to the lowest levels of organs of state power. Yet examples like those of the Yunnan People's Higher Court have been rare. However, this plan has the potential to threaten independent journalism. If reporters are treated differently because of preferential access, it is obviously a case of discrimination. Since we have little knowledge of the 14 reporters, or how they were chosen, we are particularly curious about how far they can go in their criticisms-or if they are going to only work as public relations agents.

In fact, the best way to implement independent journalism is for the courts to refrain from manipulating media reporting. Yunnan's initiative or policies are suspicious in that they smack of reporters being bought off to supply favorable coverage.

Tong Dahuan (Youth Times): The public will benefit much more if the media and courts are kept apart from each other. Despite the Yunnan People's Higher Court's sincerity to improve its work ethic, these specially invited press observers are ineffective in improving the monitoring of courts because of familiarity, which might result in biased reporting.

It is true that the selected reporters are offered more judicial information, but this very information could be only what the courts want the public to know and nothing else. Since a large part of what is on offer for these 14 reporters is well within the right to know of an average citizen, why not make it available to all reporters?

According to the stipulation of the Yunnan People's Higher Court, the reporters will have their preferential access rescinded if they file false reports, or take advantage of their privileges to seek personal gains, which would negatively impact court work. In this sense, the courts are interfering too much into media reporting, which largely damages the ethics of independent journalism.

The right of checking the organs of state power, for either the media or the public, is given by law, and is not something that should be "authorized" by any department.

Greater efficiency

Liang Jiangtao (China Business Daily): The 14 reporters invited by the Yunnan People's Higher Court to closely observe their work are guaranteed more access to navigate the court system in the province.

From this point, courts in Yunnan have voluntarily allowed themselves to be monitored more thoroughly. By cooperating with the mass media, they are attempting to promote the establishment of a more transparent judicial system. This will be beneficial to the system as a whole.

Compared with those being passively supervised, the Yunnan People's Higher Court's idea to subject itself to media scrutiny is encouraging, indicating major progress that will rev up the reform to achieve judicial fairness.

Pu Jia (China Youth Daily): As part of the right to know, journalism is indispensable to the development of democracy. Some argue that this right is natural, which does not need to be "authorized." But in reality, reporters often face difficulties getting first-hand information from courts, especially on unfavorable coverage. The Yunnan People's Higher Court's initiative to expose itself to outside scrutiny, if true to its name, is worth of applause.

Such specially invited observers will definitely help increase transparency in the judicial system.

Yi Hui (Chuncheng Evening News): A number of organs of state power have taken accountability voluntarily before the Yunnan People's Higher Court's initiative. While some reporters are bribed to make up favorable coverage, the 14 specially invited press observers in this case are charged with exposing judicial unfairness in a bid to boost the working efficiency of the courts and investigate failure in daily duties. Then why should it be criticized?



 
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