10 Years After Gui Minhai’s Abduction, China State Broadcaster CGTN Faces Renewed Scrutiny Over Unpaid Fines

10 Years After Gui Minhai’s Abduction, China State Broadcaster CGTN Faces Renewed Scrutiny Over Unpaid Fines

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Commentary

A decade after Hong Kong-Swedish publisher Gui Minhai was forcibly taken from his Thai holiday home by Chinese agents—a case that has become emblematic of Beijing’s transnational repression—China Global Television Network (CGTN) remains embroiled in legal battles over its conduct in the UK, even as it continues to broadcast across the European Union.

The High Court in London has heard that Star China Media Limited, the former UK licensee of CGTN, has failed to pay 300,000 British pounds (nearly $400,000) in fines imposed by Ofcom, the UK’s TV regulator, for “serious and repeated” breaches of the Broadcasting Code.

These violations, brought forth primarily by Safeguard Defenders, include the airing of coerced confessions and unfair portrayals of political dissidents, notably Gui Minhai and Hong Kong activist Simon Cheng, as well as the UK’s Peter Humphrey and his American wife.
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Members of the pro-democracy Civic Party carry a portrait of Gui Minhai (L) and Lee Bo during a protest outside the Chinese Liaison Office in Hong Kong on Jan. 19, 2016. Bobby Yip/Reuters
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CGTN lost its UK broadcasting license in February 2021 after Ofcom determined that it lacked editorial independence, with CGTN’s content ultimately controlled by the Chinese Communist Party (CCP). This came about after Safeguard Defenders presented a report to Ofcom on the 2018 reorganization of CCTV, CGTN’s parent company, which moved the broadcaster from state to direct CCP control. No TV may air in the UK if directly controlled or owned by a political party.

Despite this, CGTN continues to operate in parts of Europe, raising concerns about regulatory gaps and the EU’s ability to respond to human rights violations tied to state/CCP media.

Ofcom’s sanctions include three 100,000-pound fines: one for broadcasts involving British investigator Humphrey, and two others for programs featuring Gui and Cheng. In Gui’s case, footage aired by CGTN depicted him in what appeared to be a voluntary confession—an image Ofcom ruled was misleading and unfair.

The timing of the court proceedings coincides with the 10th anniversary of Gui’s kidnapping on Oct. 17, 2015. Despite international condemnation and a European Parliament resolution marking the occasion, Gui remains imprisoned in China under opaque conditions, with his health and whereabouts unknown.

Barristers for Ofcom argued that enforcing the fines is essential to uphold deterrence across the broadcasting industry. “The deterrent effect of the penalties would only be truly effective … if they were seen to be set and enforced at the same level that would have been imposed on Star China if it had continued to hold a broadcast license,” said Ofcom’s David Glen in court.

CGTN’s legal team contended that the fines are “disproportionate, arbitrary and unlawful,” especially given that the company no longer holds a license. They argued that repeating penalties for similar breaches—particularly in the Gui and Cheng cases—served no additional deterrent purpose and amounted to punitive excess.

The trial before The Hon. Mr Justice Jay is expected to conclude soon, but the broader implications stretch beyond the courtroom.

As CGTN continues to broadcast in the EU, critics argue that Europe’s fragmented media regulation allows state-controlled outlets to evade accountability, even as they disseminate content linked to human rights abuses. Likewise, Canada’s TV regulator, the Canadian Radio-television and Telecommunications Commission, or CRTC, is still in the process of making a decision over the very same broadcast violations, in a very long, often delayed, process fraught with obvious political considerations.

Views expressed in this article are opinions of the author and do not necessarily reflect the views of The Epoch Times.
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