Beijing: Music downloads must be pre approved by the state

As governments go, Beijing is quite complex: It governs the world's largest continuous territory, rules over the world's largest consolidated population, and it has to deal 56 separate ethnic peoples, as well as numerous sub groups within these ethnic people. Add to this the wealth of some regions, and the poverty of others, and it is fair to say that things are rarely as simple as they may otherwise be. With numerous considerations to be made and many challenges to be over come.

However, in some areas things are very simple indeed. And one of these areas is the provision and transmission of information.

To put things simple, Beijing believes that it should be the primary source of information on anything of consequence. Particularly if it is to do with history, society or culture. Thus information should either come directly from Beijing, or come from a source that has been pre approved by Beijing.

Anything that doesn't originate form one of these two sources must comply with rules and regulations set out by Beijing. Those who do not obey the rules, and any ideas that conflict with the state line on history, society and culture, are duly declared 'harmful' and is thus marked for censorship'.

Latest Crackdown?

In line with the above, Beijing is well known for its censorship of the media. Both old media and new media. And it would appear that Beijing now looking to expand its censorship remit, once more. This time into the realm of digital music downloads.

According to statements released by the  Ministry of Culture, new regulations are to be brought in governing the distribution of music over the internet, and through other on line sources, such as cell phone downloads.

These regulations - set to come into force on 31 December 2009 – will mandate that all music distributed though online music stores must have prior state approval before it can be distributed. With all songs, music videos, and related media having to be submitted to state authorities for vetting and approval before being place online. Those that do not meet state approval must either be censored until they meet state standards, or must exist.

The regulations will apply to both domestic and foreign media. Foreign language content must be submitted with Chinese language translations.

Old News?

Though newly being applied to domestic music downloads, these new regulations are old news as far as foreign media is concerned. Foreign language music and videos must already be submitted for state approval prior to release through stores or theaters, or screening on television.

Reasons?

According to the Ministry of Culture the new regulations are part of Beijing's on going campaign against against violent and/or pornographic material - Often referred to on the Mainland as “unhealthy” information - and are necessary to “regulate the transmission of cultural information, guarantee the safety of the nation's culture, and regulate public ethics”.


Ministry guidelines also state that the new regulations are part of Beijing's international commitments to reduce IPR piracy by “[reinforcing China's]  protection of intellectual property rights”. Though they the Ministry of culture was not keen to elaborate on how this would be achieved given that much of China's IPR piracy problem is due to there being only marginal enforcement rather than a lack of legislation

However, many have not taken this announcement at face value, in no small part due to Beijing's record on censorship. And have roundly denounced Beijing's moves as a 'thinly disguised effort to restrict freedom of speech and expression', and an even more thinly disguised effort to 'ensure that the Chinese people only hear what Beijing wants them to hear'.

Music as Free Expression?

There are several obvious targets for legislation such as this: For example, the song “Chinese Democracy “by Western band “Guns and Roses” is unlikely to win state approval, and neither would a significant number traditional Tibetan songs. Many of which have been banned for decades because they highlight the independent nature of Tibetan culture, and the reinforce the notion of a separate Tibetan identify. However, China watchers have noted that Beijing likely has wider, and some would say more insidious, motives for requiring prior approval of online music and media.

While Beijing is well known for it's suppression of anything - and anyone - that is critical of the state, or of state policies, Beijing has also lead a sustained campaign against anything that it considers to be 'disruptive' or 'harmful' to 'social order'. As campaigns go, this has been a broad campaign, and one that has largely slipped under the radar of most Western free speech campaigners, largely because it has not infringed upon any notable Western sensibilities in the same way other Mainland human rights violations have, and because it does not make for such good headlines in the Western media.

In simple terms Beijing has long acted to restrict anything that encourages people to make social and/or lifestyle choices/statements that differ from Beijing's idealized view of what a 'good Chinese citizen' should be like. Mostly, this action has taken the form of a suppression of domestic youth and counter culture influences, and of foreign cultural influences.

These cultural influences do not have to mention China, to directly contradict the state line, or to broach notable taboos. In fact they rarely do. But they are none the less considered a threat by Beijing – And are duly suppressed – because they encourage people to think differently, to form tight knit social groups that operate independently of the state - based around a shared appreciation for said cultural influence - and to look to influences outside of Beijing's control for social and moral guidance.

Beijing traditionally denounces such cultural influence and accuses them of spreading harmful messages amongst the Chinese people. Particularly the Chinese youth. And of causing social instability.

Often this suppression is hard to see unless you know to look for it, and is done in the background, or through 'media sniping': the practice of putting out implicit criticism through the media implying that something is foolish, childish, or (In the case of youth culture) is that a distraction from studying in order to discourage people from following it. However, it can take more serious forms if Beijign is more concerned about the influence of that something may have. In one case Beijing even acted to suppress fan clubs set up to promote contestants on a TV reality show. Accusing them of introducing 'unhealthy and obsessive ideas' and all but comparing them to religious cults. Analysts believe that this harsh treatment was primarily due to the fact that the fan clubs were pro-actively promoting themselves by recruiting members with common interests, and because the reality TV show in question included a viewer voting aspect. Making the fan clubs comparable to political parties, and the television show a possible conduit through which ideas about democracy might enter Chinese society through the back door. Thus something to be feared by Beijing.

Beijing also traditionally attempts to associate  cultural influences that it considers harmful, and which are beyond its direct control, with violence or pornography. It commonly does this by referring to them collectively, and by failing to distinguish between them in the state media. Similar tactics are often used to blacken the character of socialists in the US, by constantly referring to them using examples drawn from Soviet Communism, and against conservative or nationalist groups in Europe by referring to them using terminology and examples from the Nazi or Neo-Nazi history.

What will be Banned?

At present there is very little information available regarding the approval process. Some guidelines have been released, but many are open to interpretation, and China watchers have voiced that there are certain to be secret guidelines that have not been made available to the public, or even to industry officials. This is standard practice on the Manland, where the government often forbids the release of information on how things are censored in case it sparks debate over the practice of censorship. And because revealing censorship guidelines many also reveal the existence/importance of topics that the state prefers to pretend do not exist.

According to analysts, violent or sexual lyrics are certain to face tough restrictions, as are lyrics that include curse words, and it goes without saying that tracks that directly or indirectly speak out against Beijing, or which encourage people to see Hong Kong, Tibet, Taiwan, or East Turkestan (Known by Beijing as Xinjiang Province), as being intendant entities, or as having independent cultural existences, will not be approved.

Lyrics that encourage civil disobedience, disrespect to parents or authority figures are also likely to be near the top of Beijing's hit list. As are songs that are not in themselves condoning violence, but which have an generally aggressive or confrontational nature may also be hit. For example, songs in the Rap, Hip Hop, R&B or Metal genres.

Although foreign language songs are not explicitly banned in China, Chinese language songs that uses occasional foreign lyrics are strongly discouraged by the sate. As are songs in common speak that include words from regional or ethnic languages. All of which could experience problems under the new censorship regime.

Beijing has also previously spoken out against songs that are 'overly romantic', or which have create a  'pseudo-sexual atmosphere' being used in Karaoke machines. It is unknown how, or if, these tracks will be effected.

Practical?

In addition to concerns over the free speech implications, concern has been expressed over the practicality of Beijing's moves.

Officially,  it should only take no more than 3 days to have get track assessed and approved under a new fast track system that the Ministry of Culture is putting in place. However analyst argue that, given the number of music tracks available online, this is unrealistic for Chinese language tracks, and even less realistic for foreign language tracks where state mandated translations will undoubtedly be checked for accuracy. It may be possible to have new releases assessed in this time, but not back catalogues.


Although China watchers have expressed extreme concerns over Beijing's announcement. Particularly due to its potential use as a weapon in the censorship war, and because of its potential to stunt China's cultural development by restricting the expansion of cultural movements, Beijing's moves have won support from some observers. With some voicing that, while there should be genuine freedom of musical expression, there also exists a significant quantity of cultural influence that is genuinely recognized as being harmful and/or disruptive, or which is just plain unwelcome in China by the majority of the population.

As such, these voices have pointed towards the existence of reports from free and democratic countries – Most notably the United States – that blame certain influences within the music industry for a rise in youth violence, drug taking, and promiscuity. Similar reports also accuses said influences of promoting 'unrestrained consumerism', the sexual objectification of women, and even homophobia.

These reports, some of which are governmental, some of which are non governmental, often pick out music popular with inner city black youths – primarily Rap music and Hip Hop – as being the worst offenders. Though music genres popular with white youths, such as heavy metal,  are also commonly picked out as a good example of music that sets a bad example.

Thus, some China watchers have voiced that, given social damage that said music is accused of doing in liberal Western countries, it is not unreasonable for Beijing to want to prevent its entry into the more conservative Chinese mainstream. And that far from being an issue of free speech the banning of said songs should be considered an issue of public health, because it will be pubic health that will suffer if it is allowed unrestrained access.

On this note, these voices have noted that it that it would be illegal in most countries for a celebrity to appear on a commercial promoting drugs, or the idea that it is acceptable to murder somebody for making eye contact with their girl friend, yet the same said views can be openly expressed through music. something which most Chinese feel is objectionable.

There have been numerous efforts to prohibit the sale of violent or offensive music in the West on public safety grounds, or under laws prohibiting hate speech. In most cases these efforts have failed due to free speech laws.

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