Yahoo! headquarters in Sunnyvale, California. © AFP
Yahoo!‘s half-hearted apology is not enough
We are calling on the internet giant to offer more than a half-hearted apology to the mother of jailed Chinese journalist Shi Tao. It is the responsibility of all internet service providers in China to publicly denounce censorship and clearly articulate their policies for safeguarding human rights on the internet.
On November 6 2007 Yahoo! executives Michael Callahan and Jerry Yang testified before the US Congressional House of Representatives Committee on Foreign Affairs to explain actions which led to a ten-year prison sentence for journalist Shi Tao. Shi Tao posted directions from China's Propaganda Department on how journalists should report the 15th anniversary of the Tiananmen Square massacre.
At one stage during the hearing Committee Chair Tom Lantos asked Mr Yang and Mr Callahan to apologise to Shi Tao's mother Gao Qinsheng ֖ who was sitting directly behind them. In response the two men nodded towards Ms Qinsheng.
Amnesty International believes a true commitment by the company to human rights would involve an explanation to Congress and the international community about how Yahoo! is going to deal with cases such as Shi Tao's from occurring in the future.
Alibaba is China's biggest online commerce firm and Yahoo! owns a 40% share. Yahoo!'s Senior Vice President told the committee that Alibaba would now be responsible for responding to demands by the Chinese Government a position which was not accepted by the Committee.
Amnesty International is calling on all internet providers in China including Microsoft, Google, Yahoo!, Alibaba and Baidu to exhaust all judicial remedies and appeals before complying with Chinese directives and to develop explicit human rights policies.
These companies should be abiding by UN Global Business Norms, their own corporate charters and the newly enacted US Global Online Freedom Bill introduced in January 2007.
In January 2007 Amnesty International joined a multi-stakeholder initiative (MSI) which includes Google, Microsoft and Yahoo!, other Non-Government Organisations, IT experts, and socially responsible investment funds. The purpose of the MSI is to establish principles for safeguarding human rights on the Internet.
We are campaigning for human rights reform in China and will use the unique opportunity of the 2008 Beijing Olympics to highlight abuses. The international media spotlight will be shining on a country where censorship and repression thrive.
Freedom of expression is a universal human right and fundamental to the transparency around other human rights violations such as torture, the practice of the death penalty and arbitrary detention.
Yahoo! in China
In 2002 Yahoo! voluntarily signed the 'Public Pledge on Self-discipline' for the Chinese Internet Industry. Among other things, the Pledge requires Yahoo! to 'refrain from producing, posting or disseminating harmful information that may jeopardise state security and disrupt social stability, contravene laws and regulations and spread superstition and obscenity'. Yahoo! was under no legal obligation to sign this pledge.
Yahoo! has stated that the pledge does not impose a greater obligation than already exists in local law, however by signing this pledge Yahoo! is agreeing with and publicly expressing its support for some of the requests of the Chinese government that are inconsistent with international human rights standards, specifically freedom of expression. Since signing the pledge, Yahoo! has continued to censor search results via the Chinese version of its search engine.
Ten years in prison
Yahoo's involvement in the case of Shi Tao has been of concern to Amnesty International since it occurred in 2004. Shi Tao is a Chinese journalist imprisoned for ten years solely for sending an email. Shi Tao sent an email from his Yahoo! account in China to a website in America. He was arrested because Yahoo! provided Chinese authorities with information about his email account, including his IP address, log-on history and the contents of his e-mail over several weeks. In April 2005 he was sentenced to ten years in prison.
In February 2006 the US Congress called Yahoo! executives to give evidence on the Shi Tao case. In his statements to Congress, Yahoo!'s Michael Callahan gave a sworn testimony that Yahoo! had no knowledge of why Chinese authorities wanted information about Shi Tao.
Yahoo! before the U.S Congress - twice
In October 2007 the US Committee of Foreign Affairs found evidence to suggest that Yahoo! had lied to US Congress during the 2006 hearings. It appeared that Yahoo! was aware that the Chinese authorities were looking to imprison Shi Tao for sending an email, and they provided his personal details without question despite this. As a result of the Committee findings, Yahoo! has been requested to again attend the US Congress over the matter.
Michael Callahan and Yahoo! Chief Executive Jerry Yang testified to the House Committee on Foreign Affairs on 6 November 2007 about actions that led to the imprisonment of the journalist. Approximately one week before they were due in Congress, Yahoo! issued a public statement in which Michael Callahan said the he deeply regretted comments he made during two hearings in February 2006. Oversights, misunderstanding and poor translation are the reasons being cited by Yahoo! for neglecting to give complete information to the Congress in 2006.
We welcome the hearings and the process of companies such as Yahoo! being held accountable for their actions across the world and certainly for transparency around how these companies are involved in perpetuating human rights abuse.
The US House of Representatives Committee on Foreign Affairs
This is a permanent body that has legislative jurisdiction and can consider Bills. Staff perform legislative, investigative and research functions.
In October 2007 the committee passed the Global Online Freedom Act through the House. This Bill is centred on promoting internet freedom and on protecting US firms from being coerced by authoritarian governments. Under the Bill, US companies could face civil and criminal penalties in America. The Bill addresses internet filtering and issues of privacy. The Bill bans US companies from providing information enabling users to be identified. The law would not be retrospective to 2004 when Shi Tao was arrested but there are certainly identifiable areas of current Yahoo!, Microsoft and Google practices in China that may very well be challenged if this new Act is passed by the Upper House.
On November 6 2007 the committee held a hearing to question Yahoo! executives about the company's involvement in the Shi Tao case. Chair of the Committee Tom Lantos asked Yahoo!'s Jerry Yang and Michael Callahan to apologise to Ms Gao Qinsheng - Shi Tao's mother, who was sitting directly behind them. The response from the two men was a silent nod towards Ms Qinsheng.
During the November 6 hearing Michael Callahan acknowledged that some Yahoo! employees knew the Chinese demand involved a state secrets investigation. Such investigations in China are known to be a measure for detaining dissidents.
Yahoo! explained to Congress that they did not wish to put their staff in China at risk for not complying with Chinese law. This was not accepted by the Committee. Mr Lantos stated; "I do not believe that America's best and brightest companies should be playing integral roles in China's notorious and brutal political repression apparatus".
The committee also asked Yahoo! executives what they would do to provide assistance to the family of Shi Tao. Mr Lantos asked the executives; "Why is it such a complicated issue to help a family whose breadwinner is in prison because of Yahoo's cooperation?" The executives did admit they could do more, but could not provide an answer these questions. They were also unable to advise whether Chinese Government was currently demanding further information from the company in relation to other cases.
On the matter of whether or not Yahoo! misled Congress in 2006, Michael Callahan stated that Yahoo! had not intended to do so, however it was clearly determined that they had done so. Tom Lantos stated, "This was no misunderstanding. This was inexcusably negligent behaviour at best and deliberately deceptive behaviour at worst."
Amnesty International and Yahoo!
In 2005 Amnesty International's Secretary General Irene Khan wrote to Yahoo! expressing our concern over the company's involvement in the imprisonment of Shi Tao.
Michael Callahan responded on behalf of Yahoo!'. He did not address all our concerns.
A similar case also came to light involving Yahoo! in 2003. Li Zhi was jailed for 8 years after posting comments online that criticised government corruption. It appears that Yahoo! released information to the Chinese government which could have contributed to Mr Li's arrest. This case was highlighted in the 2004 Amnesty International report, Controls tighten as Internet activism grows.
Comments
beattie | Posted on 12 November 2007, 10:07AM | Report comment
I will certainly not be using Yahoo again. Am I surprised by their action.? No, not really. It’s big business, and all about MONEY, they seem to believe they can do what they like.
Brandon Fryman | Posted on 10 November 2007, 03:52AM | Report comment
I no longer use Yahoo! Corporate Responsibility, Folks, use it to your advantage. My school, my work, my friends and family no longer use it either.
mads | Posted on 9 November 2007, 05:46PM | Report comment
Boo Yahoo!
Kath Brannan | Posted on 9 November 2007, 04:02PM | Report comment
absolutely disgraceful abuse of power, freedom of speech and corporate responsibility for human rights. I am ashamed to “yahoo”.
Sophie Peer | Posted on 9 November 2007, 11:17AM | Report comment
It’s so good to see the outrage being expressed in these comments. Unfortunately it’s not just Yahoo!, we need to include Google, Microsoft, Baiudu and Alibaba (who Callahan referred to in the Committee hearing) in the list of companies operating poorly in China. Although notably, Yahoo! is the company involved in sending a man to prison for 10 years over peaceful use of the internet. The others all actively censor the internet and assist the Chinese system of repression.
Rather than calling for a boycott of any of these companies, Amnesty International is calling on them to act responsibly, humanely and in line with Global Business Norms.
Shareholders of these companies, users of these technology services, staff working in the companies and businesses advertising with these companies are all in a position to influence the way they operate in China. Let’s tell these companies, business and human rights can co-exist.
Sophie. Campaign Coordinator, China.
Bill Fernhill | Posted on 8 November 2007, 09:39PM | Report comment
This is disgusting. I will be cancelling everything I have relating to Yahoo & will be spreading the news. Yet another corporate sell-out bowing to the Chinese government out of either fear or greed. Like Whirlpool, Avon, Fisher & Paykel, LG, Everdure, Electrolux, Fujitsu, Beefeater, Philips…..........
Natasha Kepert | Posted on 8 November 2007, 07:18PM | Report comment
Jesus, this is deeply scary. I use Yahoo a lot for my personal email and - I’ve always thought of it as a great service - but it is a deeply deeply scary thing that they are prepared to “sell out” people who use their service - unbelievable that they did so when not even legally obliged to. This makes me feel extremely uncomfortable about how they might use the information from my own account if they suddenly decide to do so. Yahoo, I would really like to see an explanation - or if you can’t come up with a good one - a sincere apology, a statement that you will never do this again (in China or elsewhere), and clear policies against selling people out. I realise that Yahoo Mail is a free service. But what on earth possessed you to participate in a scheme that meant someone going to prison for 10 years? especially as he had done nothing even wrong by normal standards in the US and the West.
mary kenneally | Posted on 8 November 2007, 06:03PM | Report comment
I WILL BE CANCELLING MY YAHOO ACCOUNT.
Judith McKenzie-McHarg | Posted on 8 November 2007, 02:32PM | Report comment
I am shocked to hear that Yahoo would take an action which would cause a man to be imprisoned for ten years, or even one month for that matter. I am absolutely disgusted and disillusioned.
Jane Watt | Posted on 8 November 2007, 02:30PM | Report comment
It is not the business of Yahoo to act as “policeman”.
Their job is merely to provide a service.
It is usually the duty of a court to undertake such action in democratic countries. The fact that yahoo reaches across national boundaries complicates
the matter. Being based in America you would think that any action like this by yahoo would take into account the human rights situation in the country involved. Imagine if such a situation occurred in the years when people such as Nelson Mandella or many of the other freedom fighters were active?
Mike Fitzgibbons | Posted on 8 November 2007, 02:18PM | Report comment
Quote” I have been a frequent user of Yahoo and this really makes me think twice about logging on there again. ”
You don’t have much choice Raymond, they are all at it.
Microsoft have part developed the ‘great firewall of china’ that monitors any ‘subversion’ and allows for ‘subversive sites’ such as Amnesty International been blocked. Google have suppressed content and images of the happenings on Tiananmen Square to anyone that tries to look it up on Google China. You get a nice tourist image. These are just two we know of.
This is the real disgrace. Big business fully supports Chinas unelected dictators. When you put this in the context that increasingly this dictatorship makes decisions that effect us all globally we need to address it.
So don’t stop using the web, just use it to spread the word.
nickvragalis | Posted on 8 November 2007, 01:55PM | Report comment
I find it absolutely appalling that another human being could be treated like this. I can’t believe Yahoo and the Chinese Government had the audacity to believe they could sweep such treatment under the carpet.
Karien Francois | Posted on 8 November 2007, 01:54PM | Report comment
Dirty politics from a heartless, money hungry company…. It should not surprise me, yet still comes as a shock! Boo to Yahoo….
Vicki Castles | Posted on 8 November 2007, 01:51PM | Report comment
After recently returning from China and Tibet and witnessing firsthand the Chinese governments blatant disregard for any human rights, gross and constant propaganda and the non existence of freedom of information / speech, I read that Yahoo executives have consciously assisted not only with the further subjugation of the Chinese and Tibetan people but passed their oppressors the rope to hang them on. The fear in Lhasa is palpable, the police and military control constantly present and it is because of power and economics that the leaders and corporations of the world fail to act with integrity based on humanitarianism to help these oppressed people. Yahoo, you can do something to help them and I pray that you find it in your hearts to do so.
Raymond Noel Mathiesen | Posted on 8 November 2007, 11:55AM | Report comment
I have been a frequent user of Yahoo and this really makes me think twice about logging on there again. How quickly the alternate world of the internet has become just another big business without a heart.
Chris Murphy | Posted on 8 November 2007, 11:30AM | Report comment
I am appalled that Yahoo pursues its profits at the expense of human rights and perhaps, at times, even human life itself. How degraded must the morals of its executives be for them to allow this to happen?
Karl Tischler | Posted on 8 November 2007, 10:52AM | Report comment
What a vile, repulsive and shameful abuse of power. Yahoo corporate ‘elite’ deserve to be locked up for this…