United States: New York Practitioners File Notice of Appeal In Case Against Qiaobao and Sing Tao Daily for Defamation and Violations of Civil Rights

On September 23, 2003, the Federal District Court dismissed the lawsuit against Qiaobao and Sing Tao Daily filed by Falun Gong practitioners from New York. On October 17, 2003, Mr. Sam Israel, counsel for the practitioners, filed a notice of appeal to the Federal Court. Mr. Israel is preparing the appeal documents and will file them in the near future with the federal appeals court, the United States Court of Appeals for the Second Circuit.

Falun Gong Practitioners to Appeal

According to one of the plaintiffs, Ms. Xiong, on the day they received the decision from the district court, many plaintiffs decided to appeal the decision, "After we carefully studied the decision, we didn't think the judge fully realized the severe persecution that Falun Gong has suffered inside and outside of China. Of course, the background of the defendants, the means adopted to violate the practitioners' rights, and the fundamental legal issues involved were unprecedented. The decision of the district court demonstrated that we have a long journey to go procedurally in this legal case. We will persevere in this lawsuit."

Another plaintiff, Feng Yuan said: "We filed (the lawsuit) and appealed (the decision). We want to send them a message--no matter how formidable their political force or how powerful their propaganda, we will never be threatened. We have to say 'No' to the unjust treatment courageously, openly, and in an upright manner. We will continue this lawsuit to the end. All rights are won through effort. Black people went through the fight for civil rights in the last century. The Americans went through the journey for independence in the 18th century. They all eventually prevailed after many difficulties. Facing the oppression from such a formidable oppression, our road to win basic human rights won't be without obstacles."

Mr. Israel said that although a foreign government is exempt from being sued, it cannot escape from its crimes. If a foreign government hired criminals to rob banks in the United States, the the foreign government cannot be sued directly. The foreign government plots the crime. A conspiracy is a conspiracy.

A Distinct Case of Defamation and Violation of Civil Rights

Falun Gong practitioners believe that this is not simply a civil lawsuit. This case reflects a serious violation of the civil rights of American citizens (especially those of Chinese descent) by a foreign force.

Practitioner Feng Yuan stated: "The policy of the 610 Office, led by Jiang Zemin, to 'ruin their reputations, bankrupt them financially and destroy their physical bodies' [of Falun Gong practitioners] is a direct violation of the Chinese Constitution. The defamatory articles published locally by Qiaobao and Sing Tao Daily are overseas extensions of the policy to 'ruin their reputations.' Actually, these defamatory approaches have violated the civil rights of many Chinese citizens for many years. It is only that the Chinese people are used to oppression, thus, they very likely do not have the courage or ability to stand up against such formidable persecution."

An information technology engineer from New Jersey said, "The slander of Falun Gong by Sing Tao Daily and Qiaobao is calculated to incite hatred against Falun Gong among Chinese Americans and to make them oppose Falun Gong. The harm done to Falun Gong practitioners is severe. If it is not brought to a halt, not only Falun Gong practitioners, but all the Chinese American communities, and even the security of American society itself, will be threatened"

The lawsuit is not for the mere benefit of Falun Gong practitioners. It is not just addressing the injustice suffered by Falun Gong. It is for the Chinese in all communities. It is for all those who should enjoy the just treatment in human rights.

Betty Hunter, a practitioner from New York said: "Through this case, we attempt to unveil the shady curtain behind which the foreign force manipulates the Chinese media in America to sabotage civil rights. We need more Americans to be aware of the abnormal phenomena occurring in the Chinese communities and to protect the freedom of belief enjoyed by the American people."

Details of the Case

Since April 25, 1999, in its reports on Falun Gong, Qiaobao often directly cited articles libeling Falun Gong from Xinhua News Agency or People's Daily. Its invectives, framings and defamations of Falun Gong had quite the flavor of the times during "Cultural Revolution".

From July 1999 to May 2002, Qiaobao published over 300 defamatory articles about Falun Gong in less than three years. At the same time, official websites of China that are anti-Falun Gong have included in their overseas pages web links to Qiaobao. Falun Gong practitioners clarified the truth about Falun Gong to the publisher many times and had requested them to stop publishing libelous articles against Falun Gong, but such requests were flatly refused.

Because of the libelous articles published in Qiaobao over a long period of time, many Chinese misunderstood or harbored hatred against Falun Gong. Falun Gong practitioners were discriminated against, shunned, harassed and even beaten. After the 911 tragedy in 2001, Qiaobao and Sing Tao Daily hastily compared Falun Gong practitioners to the terrorists of Bin Ladin.

On May 17, 2002, Falun Gong practitioners filed a lawsuit against Qiaobao and Sing Tao Daily in the New York Supreme Court of Queens County. They asked the state court to issue a restraining order enjoining these two newspapers from publishing articles defaming Falun Gong. They also requested a punitive damage for economic and emotional losses.

The defendants hired Floyd Abrams, a well-know attorney who specializes in First Amendment issues, and Jeffrey Drichta as their attorneys. This case caught the attention of the legal field throughout the United States, and a major legal publication did a report on the case.

In August 2002, Mr. Israel received letters from Floyd Abrams, the lawyer for Qiaobao, and David A. Schulz, the lawyer for Sing Tao Daily, asking that the case be transferred to the federal court.

In February 2003, the federal district court heard the statements from all sides and made a decision to dismiss the case in July.

Plaintiff Ms. Yuan said: "This case may be around for a while. Since the case was filed, the public has learned the true defamatory nature of the articles published against Falun Gong by these two newspapers. For this reason, we will carry the case to the end." After the lawsuit was filed, the number of libelous articles published in these two newspapers significantly decreased.