China's new draft law redefines term "terrorism", regulates media coverage

Xinhua Updated: 2015-12-24

BEIJING -- The lawmakers on Monday began reviewing draft legislation on the nation's first counter-terrorism law.

The draft, tabled for a third reading at the ongoing bimonthly session of the National People's Congress (NPC) Standing Committee, is China's latest attempt to address terrorism at home and help maintain world security.

One notable change in Monday's text is an updated definition of the term "terrorism."

According to the new draft, terrorism is defined as any proposition or activity -- that, by means of violence, sabotage or threat, generates social panic, undermines public security, infringes personal and property rights, and menaces government organs and international organizations -- with the aim to realize certain political and ideological purpose.

A statement from NPC Standing Committee said the new definition had been informed by a Shanghai Cooperation Organization (SCO) counterterrorism convention, and the UN's Declaration on Measures to Eliminate International Terrorism.

A previous version of the draft law, submitted in February, did not cover personal and property rights or political and ideological purpose.

"[China] opposes all extremism that seeks to instigate hatred, incite discrimination and advocate violence by distorting religious doctrines and other means, and acts to eradicate the ideological basis for terrorism," the new draft read.

In a separate clause, it said no institutions or individuals shall fabricate and disseminate information on forged terrorist incidents, report on or disseminate details of terrorist activities that might lead to imitation, nor publish scenes of cruelty and inhumanity in terrorist activities.

None, except news media with approval from counterterrorism authorities in charge of information distribution, shall report on or disseminate the personal details of on-scene workers, hostages or authorities' response activities.

The clause was specifically revised to restrict the distribution of terrorism-related information by individual users on social media, according to a statement from the NPC Standing Committee.

The new draft also stipulated details on the entrance of emergency states and extraordinary measures to be taken in cases of terrorist attacks involving pathogen of infectious diseases and particularly severe incidents.

China does not currently have anti-terrorism legislation, though related provisions feature in various NPC Standing Committee decisions, as well as the Criminal Law, Criminal Procedure Law and Emergency Response Law.

The NPC's standing committee passed a decision to improve anti-terrorism work in October 2011, but it was never made into law.

The lack of a systematic law in this field has hampered China's fight against terrorism, with measures deemed not forceful enough, analysts say.

In one of most deadly cases, twenty-nine people were killed and scores more injured by knife-wielding assailants at a train station in Yunnan's capital city, Kunming, on March 1, 2014.

Terrorist attacks have brought greater urgency for a counterterrorism law. The first draft of the law was submitted for review in October and the second draft in February.

It is rare in China for a law or an amendment to go through three readings and not be passed. One exception was the property law, which was passed in March 2007 after eight readings.

In separate panel discussions on Monday afternoon, lawmakers agreed that terrorism was the common enemy of mankind, and that both China and the world are facing a complicated battle.

The timely adoption of a counterterrorism law is, thus, imperative to safeguarding China's national and public security and the safety of its people's lives and property, as well as to the enhancement of international counterterrorism cooperation.

It was agreed that the draft law was already "quite mature" and it was suggested it be put forward for approval, a NPC Standing Committee statement said.

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