LITERARY THRILLER: CHINESE AUTHOR PLANS TO SUE

C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 001320 SIPDIS SIPDIS E.O. 12958: DECL: 02/28/2032 TAGS: PGOV PHUM KCUL SOCI CH SUBJECT: LITERARY THRILLER: CHINESE AUTHOR PLANS TO SUE GOVERNMENT OVER BOOK BAN Classified By: Political Section Internal Unit Chief Susan A. Thornton. Reasons 1.4 (b/d). Summary -------------- ¶1. (C) A controversial author's preparations to sue China's General Administration of Press and Publications (GAPP) for banning her book about early 20th Century Beijing opera stars has created a stir in Beijing's literary world. The book, by Zhang Yihe, is one of eight that were blacklisted at a January GAPP meeting at which several publishing houses received a scolding. The lawyer who has taken Zhang's case told us his objective is to expand the space for freedom of speech for authors, and that he will seek symbolic damages of RMB 1 (12 cents). Contacts doubt that the case will have its day in court because Zhang's pedigree (as daughter of China's number one "Rightist") makes her a sensitive political figure and because many historical subjects, particularly those that cast the Communist Party in an unflattering light, remain taboo for Chinese authors. But since the "ban" appears only to extend to new print runs, pre-ban copies of the book continue to sell like hot cakes in Beijing stores and the title remains available on dangdang.com, China's version of Amazon. End Summary. "How Dare She" -------------- ¶2. (C) Zhang Yihe's book, "Past Stories of Peking Opera Actors," is one of eight banned in the wake of a January 11 GAPP meeting with publishers at which representatives of the imprints received harsh criticism, contacts and foreign media reports said. Other books blacklisted at the meeting include "I Object: The Road to Politics by a People's Congress Member," which is about activist Yao Lifa's efforts to run for a seat in the local legislature in Hubei Province; and "The Press," a fictional account of the gritty world of Chinese media by Zhu Huaxing. The rest of the titles, like Zhang's, relate mainly to 20th century Chinese history, touching on the Great Leap Forward, the Cultural Revolution and other events. GAPP Deputy Director Wu Shulin chaired the meeting, contacts told us. During the proceedings, Wu was especially harsh with Hunan Literature and Arts Press, Zhang's publisher, reportedly admonishing them, "How dare you publish a book by this writer?" Will There Be a Courtroom Drama? -------------- ¶3. (C) Zhang's lawyer Pu Zhiqiang is planning to bring suit against GAPP for damages, but said he has not formally launched the case pending confirmation of the reported events at the GAPP meeting. Once he is confident in the confirmation, the suit will target Wu specifically, Pu related. Otherwise, Pu and his client will likely bring suit against GAPP as an entity. Whichever route they choose, the case will hinge on article 35 of China's constitution, which provides for individuals' freedom of speech, Pu remarked. It will be an uphill battle. No one has ever sued the GAPP, said Zhang Shensi, a reporter and editor at the Legal Daily, acknowledging that the odds are stacked against the author. She predicted that any court would likely throw the case out on a procedural pretext because of its political sensitivity. Meanwhile, Zhang Yihe herself has not suffered any penalties or official harassment because of the ban, said Ding Dong (protect),a historian who is active in publishing and who has been friends with Zhang for years. ¶4. (C) The goal of the lawsuit is to expand the space for freedom of speech for authors, Pu said. With that in mind, the compensation Zhang intends to seek is symbolic: a) a public admission of wrongdoing from Wu and GAPP; b) a lifting of the ban on Zhang's book; and c) RMB 1 (USD 0.12) in damages. Pu said, however, that he has another objective as well. Press coverage of the case, even in only a few publications, would constitute a step forward in public discourse on speech issues. He hopes to persuade the progressive bi-weekly Caijing Magazine or the popular Southern Metropolis Daily to write about Zhang's suit. Even without media coverage, however, the ban and Zhang's suit are a hot topic among Beijing's intellectual set, BEIJING 00001320 002 OF 002 particularly those who focus on history and how it is portrayed in Mainland nonfiction writings and textbooks. Sensitive History -------------- ¶5. (C) History remains a sensitive subject in media as well as academia, said the scholar Ding. The current leadership is attempting to present the Chinese Communist Party as modern, advanced and responsive to the needs of regular people. In connection with this, image is everything, Ding said, emphasizing that in his view any genuine probe of 20th century Chinese history would heavily tarnish the Party. Fang Jinyu, Beijing bureau chief of the progressive Guangzhou-based Southern Daily media group, separately made a similar point, stressing that in the run-up to the 17th Party Congress this fall, censors are on the lookout for any media content seen as undermining Party authority. Anything presenting Party history in a bad light or casting aspersions on the character or actions of top leaders past or present (who are in good official standing) will be off limits. ¶6. (C) This is true even regarding praise or criticism of people and events on which the Party leadership itself has rendered public judgments, Fang pointed out. For example, the Party has acknowledged that the Cultural Revolution was a mistake, but still does not like people being publicly reminded that the Party committed such deeds. Similarly, even though intellectuals and officials who were branded as "Rightists" in the past have been officially rehabilitated, there is still a climate of doubt and suspicion surrounding liberals in the Party. Enter the author Zhang Yihe, whose father Zhang Bojun was a major target of the anti-Rightist campaign of the early 1950s. "She is still paying for her father's sins," Fang said. He added that Zhang is widely known for her defiance and her satirical comments on leaders and their slogans, which likely does not help her standing among China's propaganda guardians. Banned Books at a Bookstore Near You -------------- ¶7. (C) Despite the ban, a recent trip to the All Sages' Bookstore in Beijing's university district revealed that six of the eight titles, including "Past Stories," were available and given pride of place on a table in the main sales area. The shop clerk said he had no information about the other two, "Cang Sang," by Xiao Jian, about one Chinese person's experiences from 1911 to the late 1950s, and "The Family History of an Ordinary Chinese," by Guo Ya, another examination of 20th century China. The availability of the other titles reflects the fact that blacklisting a book does not necessarily mean it must be pulled from bookstore shelves, Ding said. In some cases, GAPP edicts specify only that a title must not be reprinted, or that extra copies the publisher has in stock should not be distributed. This may explain why several of the books, including "Past Stories" and "The Press," are also readily available on dangdang.com, China's version of Amazon. ¶8. (C) Contacts separately noted that publishers, not bookstores or even the authors themselves, tend to bear the brunt of official opprobrium when books are banned. "Publishers have the most at stake," said author Wu Jiaxiang (protect),whose book "The Generals of Zhongnanhai" (which was published in Taiwan) has never been available on the Mainland. He said firms that cross the editorial line risk fines, firings or even closure. Nonetheless, Wu quipped that when they ban a book, the GAPP becomes China's "Number One literary agent" because as soon as a title is blacklisted, it flies off the shelves and becomes a must-read among intellectuals and progressives. "The author gains fame and respect," Wu concluded. RANDT