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(Created page with "== Overview == In November of 2021, the China Association of Performing Arts (CAPA) released a disciplinary notice of 88 immoral entertainers. The list caught the attention of Li Xuezheng (LXZ), a prominent film producer, who called into question CAPA’s authority to create such a list. This began several weeks of LXZ questioning CAPA on Weibo. Additional support of ZZH and the call to question CAPA's procedures came from legal scholars, netizens, and others in...")
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Revision as of 22:19, 12 February 2023

Overview

In November of 2021, the China Association of Performing Arts (CAPA) released a disciplinary notice of 88 immoral entertainers. The list caught the attention of Li Xuezheng (LXZ), a prominent film producer, who called into question CAPA’s authority to create such a list. This began several weeks of LXZ questioning CAPA on Weibo. Additional support of ZZH and the call to question CAPA's procedures came from legal scholars, netizens, and others in the field.

Throughout December, LXZ and others kept Zhang Zhehan and CAPA in the spotlight using Weibo posts, hashtag campaigns, interviews and livestreams. It was during this time that facts debunking the smear campaign allegations (see 813 entry) resurfaced or came back into the spotlight. Movement was made on his appeal and his criminal case. By the end of the month, LXZ indicated he was able to interview ZZH and discussed the possibility of releasing the audio tapes.

1123's List of Immoral Artists

On November 23, 2021, CAPA released a disciplinary notice of immoral entertainers as a follow-up to its list on 813, once again naming Zhang Zhehan. The vast majority (82) were live streamers, and the remaining three were Zheng Shuang, Wu Yifan (Kris Wu), and ZZH

Uninvolved in Zhang Zhehan's case before this time, the matter was brought to the attention of LXZ. He posted on Weibo in support of disciplining immoral entertainers, but questioned the validity of CAPA's list. He attached a picture of a public notice from the National Radio and Television Administration (NRTA) that stated there is no information designating Zhang Zhehan as an immoral or unethical entertainer.

Subsequent Call for Procedural Justice

Question CAPA - Legitimacy of the Organization and the Ban

Over the next several weeks, LXZ continues to question CAPA’s legitimacy for multiple reasons, including

  • CAPA's list contradicted information from government agencies
  • CAPA was acting outside their authority
  • CAPA was not following their own procedures (the rules governing the behavior of performing artists came into effect on March 1st, 2021, and were not retroactive. ZZH’s photos were taken in 2018).

His posts were repeatedly deleted by Weibo. When asked to stop posting by colleaguges, he replied that he would do so on order from the party. There was no follow-up, leading LXZ to deduce that these were actions by private individuals and caused him to call into question the legitimacy of the deletions. It was also brought to light the president of Weibo was a member of CAPA.

LXZ also issued statements calling into question the underlying ban:

  • He drew reference to a CCTV news report: “Yasukuni Shrine requires appointments to enter, every Chinese traveller to Tokyo should visit”
  • He posted screen shots of Renmin Web and China Court Network articles recommending Yasukuni Shrine as a cherry blossom viewing spot.

Netizens back this sentiment by showing other newscasts and travel books recommending Yasukuni Shrine as a travel destination.

LXZ repeatedly stated that, guilty or innocent, Zhang Zhehan should be afforded the rights of procedural justice. He related that ZZH’s mother and many of his relatives are party members and the party must protect the rights of ordinary members to defend themselves against accusations.

Legal Support

At the outset, LXZ made it clear that he had no connection to ZZH. After he became “aware of the existence of some arrogant power,” involved in ZZH's cancellation, he offered his own legal team to help ZZH with litigating his case. LXZ indicates several law firms have reached out to him volunteering their services.

In addition, the Hongfan Legal Institute attempted to hold a livestream during December related to CAPA and ZZH's removal from the industry. The topics included the severity and impact of CAPA's blacklist, and regulating the entertainment industry. HLI spoke to the unjustness of what was happening to Zhang Zhehan in particular and spoke to the anti-trust nature of CAPA’s actions in general. Weibo muted their account and removed the presentation from the platform Bilibili shut down the livestream, as did Weibo (multiple times). Still, it was watched by several million people. Not surprisingly, the hashtag #Hongfan Institute Weibo account muted# topic was deleted by Weibo, and this itself was remarked upon.

Support from Netizens

During this time, much information debunking the smears against Zhang Zhehan was resurfaced or newly brought to light (see table at 813), many of which were recirculated by LXZ. Irregularities in how Baidupedia had been edited to add negative content, whitewash others, and rewrite history (such as around Dewi Sukarno and Nogi Shrine) were brought to the public’s attention as were the irregular actions of CAPA members.

Netizen’s also shone the light on water armies, publishing screenshots evidencing these companies trying to buy existing Weibo accounts and revealing price lists for mass postings.

In addition, Netizens uncovered immoral and indecent acts of members of CAPA, including those involved in pornagraphic activities, and those who appeared to be able to be bought off (a dinner with a member resulted in one ‘immoral artist’ being reinstated)

Hashtag Campaigns

As part of his awareness efforts, LXZ initiated several hashtags. The first, #Justice of the People#, was launched on by LXZ on November 27th. Over the next five weeks, the tag generated over 6 billion views and never made it to the Weibo Hot Search (which tracks top trending news), making it clear it was being deliberately omitted. Other tags by LXZ and Netizens rapidly gained traction, but were removed quickly by Weibo.

Continued Proliferation of Bad Actors

Media

Despite this compelling evidence, several news sources continued to publish defamatory articles. In one egregious example, Xinhua Web published an interview regarding CAPA’s policies without identifying that the interviewer and interviewee were the same person, and that they were a member of CAPA.

Commercial

Netizens posted video showing that Huawei phones prohibited users from setting ZZH and variations of his name as their phone name. Weibo deleted the posts. Netizens also called out Oppo and other China-made phones, QQ Music, WeChat and other social media, and Bilibili and other platforms for removing ZZH.

Yasukuni Rumor-Monger

Netizens reveal recorded conversation between the Bilibili uploader who spread rumors about ZZH, who had recently immigrated to Japan, and admitted to photoshopping one of the main photos being spread. He had done this all just as “clickbait," stating “I’m living in Japan anyway, the more chaos in China the better”. In his social media comments, he also mocked patriotic fans who followed his orders.

Smears Against LXZ

LXZ reported that political rumors were being spread about him, but that he was unaffected. He also lambasted those who said he had been to Yasukuni, replying that he had never been to Japan. He assured netizens they need not worry about him.

Appeal and Criminal Complaint

Appeal to CAPA

During this time, CAPA tried to wash its hands of guilt, clarifying that the disciplinary list was not mandatory. It was evident, however, that the major platforms acted in lockstep with what CAPA "recommended." CAPA stated that ZZH could appeal in person in their offices within 10 days. Because of COVID restrictions, this was extremely difficult, but a representative of ZZH traveled to their offices to file the paperwork. Upon arrival, the staff at the CAPA office seemed unaware of how to handle the appeal and provided little more than a time-stamped receipt and a number to call. The results of this appeal, if any, are unknown. Afterwards, LXZ reposted notices from NRTA and MCT denying any involvement in defining Zhang Zhehan as immoral or for calling for his removal of his works and social media accounts, thus underscoring that CAPA was not acting at the behest of the state.

In subsequent posts, LXZ indicated he received dozens of private messages from lawyers, judges, police, and prosecutors volunteering their services in support of the case. He also received many private messages from netizens who had believed the rumors in August and now feel remorse. LXZ admitted that he himself had also believed and wrote about the rumors.

Beijing Police Accept Case

On December 24, 2021, LXZ posts photo of the Beijing Chaoyang police department’s acceptance of ZZH’s defamation case. He further explained that ZZH had previously tried to file case at other police departments, but his case was not accepted because of the extreme environment of cyber violence and public opinion. LXZ felt ZZH had lost all legal rights of a normal citizen. He went on to state that [translated] “recently, after analysis by legal experts, encouragement by experts in the political and legal system, and rational public discussion, we know that this type of malicious slander has caused serious personal injury to individual citizens and constitutes the basis of a criminal case. State forces should and have intervened and he was encouraged to report to the Beijing police. This afternoon, the Chaoyang Branch of the Beijing Police finally officially accepted ZZH's report, the Beijing police should be commended! ! ! ! We expect this to be the beginning of criminal investigations, and civil litigation will also begin.”

Unrelated this news, but on the same day, Netizens discovered that ZZH’s name was no longer being banned by Taobao, WeChat, Xiaohongshu, QQ Music, NetEase Cloud, Douyin, and other platforms. Netizens show that Huawei phones still ban ZZH’s name and customer service’s attitude is unyielding. In some cases, these bans were later reinstituted.

Prelude to the Interview

LXZ later informed netizens that Zhang Zhehan was interviewed in the presence of state, media, and legal representatives. In a December 31, 2022, livestream he indicated he originally wanted to play a recording with ZZH but was worried that it would affect the ongoing process. The interview was published the following day (see Interview here).