Journalists rely on sourcespeople who can provide first-hand experience or eyewitness accounts of a particular event or phenomenonin order to accurately and reliably report the news. Government officials and security forces have traditionally used intimidation and harassment of local sources, which are more easily controlled than foreign journalists, as a means of preventing the dissemination of sensitive news through foreign media.
Foreign journalists say that the freedom of movement granted to them by the temporary regulations has increased the number of local sources to which they have access to, but has correspondingly increased the vulnerability of those sources to reprisals from officials, security forces or plainclothes thugs.
In the past 12 months, correspondents say, their sources have been increasingly subject to official repercussions ranging from possible deportation to physical abuse and threats of criminal prosecution. In several cases, correspondents say that officials interrogating them focused on obtaining the names, mobile phone numbers and locations of their local sources. That intensified pressure on sources appears to be an intentional tactic by government officials and security forces to maintain a veneer of freedom for foreign journalists while seriously undermining their capacity to report effectively.
A foreign television journalist who was doing a story on North Korean refugees seeking sanctuary in China learned the price that sources for sensitive stories can pay when detected by the authorities. The correspondent was detained in the city of Shenyang in northeastern Liaoning province on March 5, 2008, by plainclothes police who confiscated the correspondents tapes which held interview film footage of North Korean refugees hed interviewed in the city.75 Police apparently located and detained at least three of those refugees that same day by viewing the tapes. The correspondent said the refugees were last seen on a police bus at 6 a.m. on March 6, 2008.76 Given the Chinese governments practice of forcibly repatriating many undocumented North Koreans, despite the severe penalties including imprisonment and torture on return, the fact that these refugees fate is unknown is of grave concern.77
Journalists sources can run serious risks even in relation to fairly innocuous business-related stories. In March, a foreign television news crew did an on-camera interview with an aggrieved former investor in a collapsed pyramid scheme in the northeastern city of Shenyang. The crew learned later that their source was picked out of a meeting of fellow former-investors by uniformed police who beat him so severely he required hospitalization. The source was then briefly put under house arrest following his release from hospital.78
A foreign correspondent who, in November 2007, traveled on a government-organized media tour focused on the relocation of local residents adjacent to the Three Gorges Dam project in Hubei province discovered that independent interviews she had conducted brought swift repercussions to one of her local sources. The next day the interviewee contacted me and said local officials came looking for him and asked why hed said negative things about the relocation.79 The source said the officials had detailed knowledge of the substance of the previous days interview, prompting the correspondent to conclude that government officials or security forces had surreptitiously eavesdropped on the conversation. Its a constant worry to go to talk to [local sources] because some of these local officials can be very vengeful.80
On September 29, 2007, Sami Silanpaa, the China correspondent for the Finnish newspaper Helsingin Sanomat, began to interview the head of a local nongovernmental organization which provides legal assistance to migrant workers in Shenzhen. Within ten minutes of his arrival at the NGOs office, Two policemen, one in uniform, one in plainclothes, entered the office and said they needed to take the [source] to the police station. Silanpaa continued, Later he told me hed been asked about me and warned that he shouldnt tell foreigners anything.81 Police awareness that the interview was taking place suggested electronic surveillance of the correspondent, the source, or both. The police could only have known I was doing the interview if they were tapping my phone or [the sources] phone.82
Foreign journalists sources also face risks to their livelihood from vengeful local officials who are displeased with the resulting coverage. A foreign correspondent told Human Rights Watch that a local source working for an international nongovernmental organization focused on poverty relief projects in western China, was subsequently fired from her job as a result of her cooperation with the journalist.83 The fact that the correspondent had received official permission from the local government to do interviews with staff at the organization and report on their work did not protect the source from reprisal from local government officials who were angered by the sources cooperation with the journalist.84
A local source of another foreign television crew was subjected to severe intimidation by local police in connection with a February 2008 story on environmental pollution. In an effort to protect the source, the television crew went to extreme lengths to remove any links he had to their source by cutting the footage of his on-camera interview and not using any information that could be linked directly to him.86 Despite those precautions, shortly after the journalists left the area, members of the local Public Security Bureau visited the source and warned him that they would charge him with state subversion87 if they had evidence that he had provided the journalists with any sensitive information.88 Those threats prompted the source to flee his village twice for weeks at a time. The source has since returned to his home village without any official reprisals, but the incident has caused the correspondent to seriously question the feasibility of safe reporting in China.
Police threats of subversion charges against journalists sources are particularly potent in the wake of the conviction of high-profile human rights activist Hu Jia for subverting state power on April 3, 2008. The prosecutions case against Hu included evidence related to interviews he had given to foreign journalists.90 One veteran foreign correspondent said that the circumstances of Hus conviction would likely worsen de facto self-censorship among foreign correspondents who dont want to risk putting their sources in danger of criminal prosecution and imprisonment.
73 Human Rights Watch interview with a Beijing-based foreign correspondent (name withheld), Beijing, April 1, 2008.
74 Freedom of speech enshrined in Chinas Constitution: Official, Xinhua News Agency (Beijing), March 15, 2008.
75 Human Rights Watch interview with a Beijing-based foreign correspondent (name withheld), Beijing, April 4, 2008.
77 Human Rights Watch, Denied Status, Denied Education Children of North Korean Women in China, index no. 1-56432-304-8, April 2008, http://hrw.org/reports/2008/northkorea0408/2.htm#_Toc194813917. Chinas policy to return North Korean refugees violates Chinas obligations under both domestic and international law. North Korean citizens leave their country for neighboring China for various reasons, including hunger and political persecution. North Korea considers leaving without state permission an act of treason and harshly punishes those who are forcibly repatriated. Returnees face arbitrary detention, torture and other mistreatment, and sometimes even the death penalty. This strong risk of persecution means many North Korean migrants become entitled to protection as refugees.
78 Human Rights Watch interview with a Beijing-based foreign correspondent (name withheld), Beijing, March 24, 2008.
79 Human Rights Watch interview with a Beijing-based foreign correspondent (name withheld), Beijing, December 29, 2007.
81 Human Rights Watch interview with Sami Silanpaa, China Helsingin Sanomat correspondent, Beijing, December 29, 2007.
83 Human Rights Watch telephone interview with a Beijing-based foreign correspondent (name withheld), June 3, 2008.
86 Human Rights Watch interview with an overseas-based foreign correspondent (name and location withheld), April 16, 2008.
87 Inciting subversion convictions dictate imprisonment of up to five years, The Criminal Law of the Peoples Republic of China, March 4, 1997, Article 105 (2), http://www.cecc.gov/pages/virtualAcad/exp/explaws.php#criminallaw (accessed June 13, 2008).
90 Matthew Lee, Jailed activist Hus wife applies for his release on medical parole, Kyodo News Agency (Hong Kong), April 25, 2008.
91 Human Rights Watch interview with a Beijing-based foreign correspondent (name withheld), Beijing, January 3, 2008.
92 Human Rights Watch interview with a Beijing-based foreign correspondent (name withheld), Beijing, March 29, 2008.