International Law

Winner of the Funky Lawsuit of the Year Award

By Stan

I hardly know what to say about this one (from the FT):

Backers of a shuttered Chinese business weekly have launched a highly unusual challenge to the country’s media censors by filing a lawsuit against the regional government that ordered its suspension over reports critical of a major state bank.

The legal complaint filed on Wednesday in the name of a reporter for the China Business Post demands that the Inner Mongolia bureau of press and publications rescind the three month suspension order imposed on it over its reporting on alleged mishandling of loans at the Agricultural Bank of China.

“The defendant’s punishment of the China Business Post constitutes illegal administrative conduct,” according to the complaint, which also demands that the press bureau pay symbolic compensation to the reporter for damaging her reputation.

While it is unclear whether the Inner Mongolian court will agree to hear the case, the complaint marks a bold challenge to the authority of press regulators accustomed to enjoying near untrammelled authority under China’s broad system of media censorship.

The most obvious outcome here? The case will be rejected by the court. I can’t imagine a judge that would want to get involved with something like this.

But looking at the big picture here: you have someone who is openly challenging the legality of an administrative decision that was obviously made based on political reasons. Administrative decisions are commonly challenged in China these days (e.g. patent and trademark registrations and disputes), but not a censorship/media-related decision.

Amazing stuff.

Full post as published by China Hearsay on October 31, 2008 (boomark / email).