The proposed new law on dealing with emergencies is not designed
to prevent the truth being revealed, but to allow the timely
release of accurate information, said a senior official
yesterday.
Under the law media outlets could face fines of up to 100,000
yuan (US$12,500) if they "report the development and handling of
emergencies without authorization."
But Wang Yongqing, vice-minister of the State Council's
Legislative Affairs Office, yesterday said that under the new law,
it was local governments that will shoulder responsibility for
increasing transparency in the reporting of emerging disasters.
Wang said governments should take responsibility because they
have access to the most information about response plans.
"The key lies in imposing a heavier obligation on the government
and urging it to release accurate and timely information, and
provide a satisfactory service for news media covering
emergencies," he said.
Wang is the major official responsible for drafting the Law on
Response to Contingencies, which was submitted to the law-making
Standing Committee of the National People's Congress (NPC) for
review last week.
He made the remarks yesterday at a news briefing organized by
the State Council's Information Office to allay concerns on an
article threatening fines for news outlets that report emergencies
without authorization.
The 57th article stipulates "news media violating certain rules
to report the development and handling of emergencies without
authorization, or releasing fraudulent reports, will be fined
between 50,000 yuan (US$ 6,250) and 100,000 yuan (US$12,500), if
the reports lead to serious consequences."
The draft law defines emergencies as industrial accidents,
natural disasters, and health and public security crises.
In the past some regional governments have failed to report,
circulate or release information about an emergency, or have even
issued false reports or concealed information, said Wang.
The proposed law prods governments to release information in a
"uniform, accurate and timely manner," and violation may result in
administrative punishments such as "a demerit or a serious demerit"
of government officials, or even removal from office.
Amendment VI of the Criminal Law, which was adopted by the NPC
Standing Committee last week, allows a maximum seven-year jail
sentence for officials.
"This provision will not have any adverse effect on the regular
reporting of emergencies by news media. It will, on the contrary,
help enhance the accuracy and authority of such information, making
news media more accountable," said Wang.
He said the original intention of the legislation was to
"prevent certain news media from disseminating groundless news or
rumours, or reporting false information which may mislead the
public and cause social panic."
Wang added that the fines are applicable "only when the
circumstances are serious or any grave consequences have been
caused."
During the panel's discussions last week, some lawmakers still
had different views on the provision.
For example, NPC Standing Committee member He Keng disagreed
with it.
He said journalism has its own rules and argued that media
supervision was not strong enough in China.
Wang said the proposed law prohibits governments and officials
from abusing their law enforcement powers during emergencies.
Protection of civilian's rights and restraining governments'
behaviours have been the guidelines of the proposed law, according
to Wang.
"This represents great progress for China's democratic
development and legal construction," he noted.
Under the law, people will be compensated if their properties
are damaged during government authorized emergency responses.
Wang predicted that the law may be passed by the NPC Standing
Committee this year.
Under China's legislation, a law usually goes through three
rounds of reviews before it is passed.
(China Daily July 4, 2006)