Explainer | ‘Picking quarrels and provoking trouble’: how China’s catch-all crime muzzles dissent
- In 2013, authorities broadened its application for use against those deemed to have posted and widely spread false news or rumours on the internet
- Critics say the crime – which has been levelled against journalists, activists and lawyers as well as ordinary citizens – is vague and kills free speech
The broadly worded criminal charge has been widely criticised for its potential to be used to muzzle dissent. Known as a catch-all offence or a “pocket crime”, the charge has been used by Chinese authorities against human rights activists and dissidents for a wide range of behaviours.
What is the history of the law?
The 1997 revision of the criminal code abolished the crime of hooliganism. Homosexuality was decriminalised with this change while other acts previously prosecuted under this crime, such as sexual assault, group sex and affray (fighting in a public place) were defined as separate crimes with varying punishments.
“Picking quarrels and provoking trouble” was split off into an independent crime. Initially, it applied to four situations: 1) randomly beating others; 2) chasing and insulting others; 3) arbitrarily damaging public and private property; and 4) causing serious disorder in public places.
But in 2013, authorities significantly broadened its application to allow it to be used against those deemed to have posted and widely spread false news or rumours on the internet.
The crime of “picking quarrels and provoking trouble” carries a sentence of up to five years in prison for minor infractions, or between five and 10 years in prison for offences judged to be more serious.