Chapter 38 Who will safeguard the legitimate rights and interests of journalists

Everyone in the Guangdong news circle knows that in the autumn of 1999, a reporter named Shi Ye from the Southern Metropolis Daily was severely dealt with by the local authorities because of the extremely serious murder case in Qifu Xincun; I knew it well.Having said that, I have to bring up the issue of the protection of the legitimate rights and interests of journalists.As a political and legal reporter who has been fighting on the news front for ten years from south to north, he has experienced too many ups and downs. Not only was he threatened, besieged, beaten, framed, slandered and illegally detained in different places, He has gone through many lawsuits in court, and even suffered retaliation from some people inside the news unit.This can't help but make people think deeply, why hasn't there been a news law that specifically protects the legitimate rights and interests of journalists? The "Code of Professional Ethics for Chinese Journalists" clearly stipulates: Support correct thoughts and actions that are in line with the interests of the people, be brave in criticizing and exposing wrong words and deeds that violate the interests of the people and negative corruption, and actively and correctly play the role of public opinion supervision.Journalists all follow this principle, but when journalists are retaliated against and physically assaulted by interviewees for exercising their supervisory rights, what laws and regulations are there to protect their legitimate rights and interests?

In fact, I had considered this issue many times when I was in court with Jinyan Elementary School in July 1998. I personally have a unique feeling about the pain of a reporter's legal rights being violated.Regarding my news lawsuit that was widely circulated in the south, Zhang Cailong, then director of the Guangdong Information Agency of Xinhua News Agency, once expressed such emotion: "I have worked as a political and legal reporter for Xinhua News Agency for more than 20 years. It can also be said that, I have been troubled by news lawsuits for more than 20 years. Litigation for news reports has become a "commonplace" for me... I think that the lawsuit between Ishino and Jinyan Primary School is not itself What a fuss. However, we must see the far-reaching meaning hidden behind this news lawsuit. Since the reform and opening up, China's social structure has undergone tremendous changes, and our democracy and legal system construction process has also undergone tremendous changes. It is constantly improving and improving. However, compared with China's modernization process, this kind of progress always lags behind, so it has also caused many social problems. China's news industry is a huge group. Compared with other countries in the world, our country The number of journalists is also the largest. However, it is disappointing and regrettable that in the face of such a large social group, our country has not yet had a relevant law, which is undoubtedly an abnormal phenomenon. Therefore, I He also believes that it is imperative to call for legislation for Chinese news as soon as possible. Legislation for news is an important symbol of social civilization and progress. Today, we are at a critical moment when the philosophy of life is changing from the past planned economic system to the socialist market economic system. News legislation is even more urgent and necessary.”

Yes, it is extremely urgent and necessary to speed up the legislation of news in China.Professor He Weifang and Wang Weizhong, professors and doctoral supervisors of Peking University Law School, pointed out in an interview with the famous CCTV host Jing Yidan: Article 35 of the Constitution clearly stipulates that we have freedom of speech, news, and publication.Such a political right is very important in a country's entire rights framework, and it is clearly stipulated that retaliation against citizens who criticize it is not allowed.The people have the right to frankly, directly, and even severely criticize the actions of state organs or public institutions, and such a right cannot be blocked.Professor Wang Weizhong, as a representative of the National People's Congress, has been paying close attention to the supervision of public opinion by the media. He once raised relevant motions at the two sessions last year.At the first meeting of the Tenth National Congress, he proposed a supervision law: there must be laws to follow in the supervision of public opinion and the supervision of news and public opinion.He believes that the supervision of news and public opinion to some extent marks the progress of society and the degree of civilization of society.Article 41 of the Constitution stipulates that citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or state functionary.

He Weifang also pointed out: Since the critical report will directly affect some people's dissatisfaction and cause some people to lose their jobs, the other party is likely to become red-eyed and take some irrational measures.I think we have to find ways to safeguard such a very important issue of news supervision. Wang Weizhong believes that there needs to be a process when the law is formulated, so what needs to be done now is how to ensure the legitimate rights and interests of journalists.Since the Supreme People's Court is so supportive of the news media, the news media has been repeatedly hit by this kind of attack. Can a judicial interpretation be formulated to mediate these issues?

Professor Zhan Jiang from the Journalism and Communication Department of China Youth University for Political Science said: The media should be a social tool.No society can avoid natural disasters and man-made disasters. If the negative things are blindly rejected, the media will be dereliction of duty.I think the standard of good journalism is: to clarify the complex relationship in the diverse world, to get rid of popular prejudice, to show professional courage, to reveal the truth, to expose the lies and fallacies. Professor Yuan Shuhong, director of the research office of the National School of Administration and a doctoral supervisor, pointed out that the reporter's right to interview should not be obstructed by extrajudicial rights!He believes that as long as various accidents and news events comply with the law and do not disclose state secrets, personal privacy, and do not violate social and public morals, journalists have the right to report openly and fairly, and administrative agencies are not allowed to interfere illegally. "

Talking about the current situation of illegal obstruction and interference in news interviews, Professor Yuan is deeply worried: "News media play an important role in the supervision of public opinion, especially in the current situation where corruption is serious, serious accidents are frequent, and the market economy is chaotic. The media is taking on an overloaded supervision function. If under such circumstances, local governments and law enforcement agencies abuse their administrative power to block the media, the consequences will be disastrous." Although no news law has been promulgated yet, party and state leaders have been paying close attention to the development of news release work.Comrade Li Changchun not long ago clearly put forward the requirement of "continuous reform and innovation, so that our work reflects the characteristics of the times, grasps the regularity, and is full of creativity".He also put forward a clear criterion for the success or failure of this kind of development: "Our party is the faithful representative of the fundamental interests of the overwhelming majority of the people in China. The party has no self-interest other than the interests of the people. This determines that propaganda and ideological work is responsible for the party. and being responsible to the people." "We must attach great importance to reflecting the aspirations of the people so that the party's propositions and the people's interests can be better unified." Comrade Li Changchun's speeches are a great encouragement to media practitioners.

On February 2, 2004, Premier Wen Jiabao of the State Council presided over an executive meeting of the State Council. The meeting discussed and passed in principle the "Implementation Opinions on Improving and Strengthening the Release of Domestic Emergency News". The meeting pointed out that improving and strengthening domestic emergency news Announcing the work is beneficial to the overall situation of the party and the country, is conducive to safeguarding the vital interests of the people, and is conducive to social stability and peace of mind.All relevant departments should attach great importance to, establish and improve the press release system in accordance with relevant laws and regulations, and cooperate with the news and publicity departments to do a good job of news release in a timely and accurate manner.

Upon learning of the news, Professor Yu Guoming, deputy dean of the School of Journalism and Communication, Renmin University of China, said: As a public power resource, information has become a necessity for every member of modern society.Whether the quality of information is good or bad, comprehensive or one-sided, timely or lagging has also become a major issue related to the quality of life and life and health of social members.Timely, open and complete release of information is changing our lives and creating the kind of living environment we have always desired.He believes that if the government wants to become a modern government with clear responsibilities, and let every citizen become the main body of decision-making, the disclosure of information is the primary and key responsibility it fulfills to citizens.

To put it in an easy-to-understand sentence, the people's government should tell the people the truth in a timely manner.In a huge villa complex like Clifford New Village, there are tens of thousands of residents, not only local residents, but also many Hong Kong and Macau residents. When such a catastrophe suddenly occurs, are they still panicked for the safety of themselves and their families?Such huge news can be blocked by the local news media through privileged means, but can you block the Hong Kong and Macau news media that are close at hand?They can use their authority and power to force the local news organizations to deal with the journalists who participated in the interview, but can they deal with the news media outside of Guangzhou who are concerned about this matter, especially the media from Hong Kong and Macau?Can paper hold fire?Such a terrible tragedy happened in the local area. Is it wrong for the media, as a dissemination of information to the local people, to report the incident to the local people?If we really wait until the Public Security Bureau has cracked the case, and then issue a press release in the form of a press conference, isn’t it too late, how brave and swift the People’s Public Security Bureau finally cracked the case?In fact, there are too many things like this, let alone the case of Chen Xuran, a famous hostess of Guangdong TV station, was killed in 1998. Before that, the case had been widely circulated among the common people.

Of course, people may understand the painstaking efforts of the local government departments: that is, if this case is exposed, people will think that the social security here is bad, and they will lose face.Because of such a morbid mentality, we often see some inexplicable things in our lives: once mass deaths and injuries or serious special cases occur in a certain place, the local government does not actively and promptly respond To release the truth to the society, but try to cover up and cover up the truth by all means, in an attempt to cover up the truth of the matter, such an approach is often counterproductive, shooting yourself in the foot.

When one reporter after another who took the interests of the people as his own responsibility offended the relevant departments and suffered all kinds of exclusion, when one reporter after another who spoke out for the weak was threatened for exposing the truth, when the reporters shed blood and tears, people could not help but We must ask: Who will maintain public opinion supervision?Who will safeguard the legitimate rights and interests of journalists?