Research On The Internet Censorship Regime Of China Under GATS

With high speed development of internet technology, information service industry has contributed greatly to the economic growth of each country, and is receiving more and more attention in international trade in services. Meanwhile, there is a growing concern about the internet censorship regime of China due to China’s huge network market potential and the severe censorship measures taken. Some of the western scholars held that China’s censorship measures are inconsistent with national treatment commitments, market access commitments and the requirement of transparency under GATS. Especially when2011Google decided to quit China over internet censorship demands, a raging debate has been unleashed on the issue of whether censorship of the internet is in violation of the international trade law. This paper aims to explain the possibility of building a WTO case against China by challenging its internet censorship regime and also seeks to look into the defense and suggestions available to China.This paper consists of three chapters in addition to preface and conclusion.Chapter one firstly gives a general overview of China’s internet censorship system, including introduction of competent authorities, services sectors involved and different measures taken under different modes of supply. Then by looking into GATS Article Ⅰ, a conclusion is drawn that GATS is applicable to China’s censorship measures.Chapter two deeply analyses the legality of China’s censorship measures under GATS. Firstly, the measures that prohibit the foreign service suppliers from supplying online news services and online video services through commercial presence are likely to be inconsistent of GATS Article ⅩⅥ. Secondly, it is unlikely to determine a violation of GATS Article ⅩⅦ based on the current evidence. Lastly, as for the requirement of transparency and domestic regulations, the censorship measures at issue are at great risk of violation of GATS Article III and VI.Chapter three analyzes the defense that may be available to China in the case of breach. On one hand, the services at issue may be reclassified to entertainment, culture and sports service sectors, which China has not made commitments in market access and national treatment. On the other hand, Article XIV may be invoked even if the panel regards information service as the sector under which China has made commitments. Besides, to avoid the potential risk of violation the commitments under GATS, the current censorship regime can be improved in some respects, for instance, to strengthen the function of internet industry association, to enhance the transparency of censorship. measures and domestic regulations and to reduce the threshold of value-added telecommunications market.