China: CFWIJ is deeply concerned over the court decision against former journalists He Qiang and Zou Sicong
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Photo Credit: Chona Kasinger for The New York Times
January 5, 2021 - The former journalists face a civil fine for a 2018 article written anonymously by He and published by Zou. In the piece, He alleged prominent journalist Deng Fei of sexual misconduct. The journalist reported she was a 21-year-old intern while Deng was a chief reporter at the time of the incident. The court has ordered He and Zou to pay reparations to Deng for defamation, amounting to 11,712 yuan. Both journalists have decided to appeal the verdict. The Coalition For Women In Journalism condemns this violation of press freedom.
In her article, He alleged that Deng asked her to a hotel room in 2009 under the guise of discussing story ideas, where he then sexually assaulted her. He Qiang subsequently revealed her identity in November 2020, two years after the article was published. The journalist explained that she was working as an intern for a news magazine where Deng was a chief reporter. The case became one of the most discussed amid the rising #MEtoo movement in China.
Zou and He said that during this process, they faced the burden of providing proof, as per Chinese law. Since 2019, China has recognized sexual misconduct as reasonable grounds for lawsuits. However, the legal interpretation of these cases remains unclear and few women are willing to come forth. The cases filed are often redirected as labor disputes, designed to conserve the reputation of the accused.
Both journalists believe that the court verdict could dissuade future incidents of sexual misconduct from being reported. When speaking about the case, Zou and He’s lawyer, Xu Kai, stated, “This is equal to telling someone who was humiliated, who was hurt, that if you don’t have audio or video proofs of the event, then you better keep your mouth shut”.
He's friend Jing Xu took to Twitter, rallying people to come forward and support her brave friend. She also raised concern over the present legal system around such cases.
Please support HE Qian 何谦. https://t.co/3g6DzcU7C8
— Jing Xu 许晶 (@XuJing_Chn) January 8, 2021
Another Twitter account with the handle Free Chinese Feminist commented on how criminal standards were used by the court in this civil lawsuit:
He Qian is one of the many victims accused of reputation infringement since 2018. Her loss exemplifies how unjust the Chinese legal system is to victims of sexual assault. Insiders said that Deng Fei, the alleged rapist, has been using his personal relationships to prevent media coverage.
Zhou Xiaoxuan, another #MeToo survivor, spoke to He Qian’s courage to come forward and share her story. Her determination to fight this case should be an emboldening example for other women in the future.
CFWIJ commends He Qian’s bravery to forward and speak publicly about her trauma. He Qian and Zou's continuous fight, in this case, paves the way for women to speak out on their experiences with sexual assault and misconduct in China. CFWIJ urges Chinese authorities to ensure complete transparency during the case proceedings. We stand in solidarity with He and Zou throughout their appeal process.
