Header graphic for print
China Law Blog China Law for Business

A Google-China Cheat Sheet. Rio Tinto. Rio Tinto. Rio Tinto.

Posted in Legal News

Will Moss over at ImageThief has a great post on the Google-China brouhaha, entitled, “A handy cheat sheet for interpreting the Google China story.” The post is allegedly a tongue-in-cheek cheat sheet of how Google’s leaving China is viewed/spun, depending on the perspective. But it actually is a great analysis of what is happening and of how so many people are filling in the “facts” and providing analysis based on what they want to have occurred so as best to advance their own agenda, whatever that agenda may be:

Should Google have been in China? Did they make the right move in pulling out? Will this influence the Chinese government? What does it mean for foreign businesses in China? Are they evil or not? Who knows? Not me. And none of these questions are going to be answered in this post.
But stick with me, because that’s the point. The fact is that everyone and their goldfish has an opinion on Google’s fortunes in China, but few people actually know anything conclusive, so what we’re getting is a huge dose of punditry, analysis and opinioneering. This is the kind of thing that PR people live for, because what we’re witnessing first hand is the creation of a narrative. Or, rather, several narratives that serve different worldviews, audiences and points of view.
This is PR in action: The effort to influence perception and opinion with regard to an entity or event, generally with the objective of supporting some kind of end-state result (higher sales, a political victory, popular consensus, the launch of a war, etc.).
* * * *
But PR people do often try to interpret the facts (or obscure them) in specific in selective ways. In the vernacular, we spin things. In fact, the very term “spin doctor” (sometimes credited to the novelist, Saul Bellow) refers to trying to define the interpretation of events or facts — to determine which way they “spin” in the public sphere.

The heart of the post is a graphic setting out the “perspective and narrative” on various key points, depending on whether you are Google, an American Activist, the Chinese authorities, a Google rival, or a Chinese internet user. I cannot stress enough how important Will’s post is for better understanding the Google big picture.
Stan Abrams over at China/Divide, touches on similar issues in his post, “Is It Safe? Our Perpetual Assessment of China’s FDI Environment.” The post examines whether now is a good time for foreign companies to go into China and notes how there are always three views on this:

In my attempts to oversimplify, overcategorize, and overgeneralize, I think I can squish the China FDI debate down into three groups/parts/categories (cliques?): the Bashers, the Apologists, and the Sages. Very few people actually fit into a single category of course, but hey, I’m writing this thing, and I make the rules.

The Bashers always say “no,” the Apologists always say ‘yes,” and the Sages (made up of China lawyers, accountants, consultants) always say “it depends.” Stan is, of course, dead-on.
Which gets us to Rio Tinto, where some of the questions are as follows:
– innocent or guilty?
– political or criminal?
– too much prison time or too little prison time?
– rule of law or rule by man/party?
– bribery or state secrets?
– transparent or closed?
– due process or not enough (or no) due process?
– anti-foreign or criminal?
– anti-Australian or criminal?
– anti Sea Turtle or pro-Sea Turtle?
– pricing move or criminal prosecution?
The answer to most (not all) of the above depends on your perspective.
CLB’s own Steve Dickinson was on National Public Radio (NPR) the other day, where the newscaster (Louisa Lim) attributed to Steve the view that the Rio Tinto sentences were just not harsh enough:

LIM: But the court heard the men’s actions have cost Chinese steelmakers $150 million last year alone. Some do not believe the sentences were overly harsh, like Steve Dickinson, a lawyer in China for Harris & Moure law firm.
Mr. STEVE DICKINSON (Lawyer, Harris & Moure): Those sentences are totally within the normal range of sentences for that kind of crime in China. I mean, bribery in the $900,000 range is a huge crime in China. That’s 400 times the average annual wage of people who live in Beijing. It’s a big crime.

Steve is NOT saying he thinks the penalty for anyone in the Rio Tinto case should have been longer as Steve has never purported even to know whether anyone in the Rio Tinto case is guilty or not. All he is saying is that the sentences handed down were well within the normal range of sentences for similar crimes in China. Steve has worked on a number of criminal law matters in China (always in tandem with Chinese criminal lawyers) and he was giving his assessment as to whether the sentences in this case fit the crime, as determined by looking at sentences handed down in similar cases.
The “funny” thing about Steve being painted here as a “throw-em in jail for life” kind of guy is that Steve has been spending massive amounts of time over the last few months aiding in the defense of a very high profile international criminal case. I hope I have whetted your appetite here because as soon as we can, we will be writing on that case.
Since only true insiders know what really transpired with Google and Rio Tinto it is important to recognize that so much of what is being passed for fact in these cases is really just spin.
Me, I am just hoping Will does a similar post on Rio Tinto.
What do you think?

  • http://taikongren.net/ Jesse Covner

    Damn. I JUST finished my “Definitive Google Topic post” post…which really is to be my last post on this topic, period. Full stop. I’m about to go to sleep. I just glance at my RSS reader (um…which happens to be the Google reader) and I see your post about Will Moss. *His post* has a snazzy graphic chart. But my post has non-related picture inserts of Gong Li, and alpacas!
    Seriously though… that graphic chart is all that is needed. I wish NYT would publish it.

  • http://imagethief.com Will

    You should still go for it, Jesse. I, for one, would like to see the Gong Li and Alpaca pictures.
    As for the Rio Tinto issue, I just don’t know it well enough to do it real justice, and others (including present company) have been covering it well. But I’ll keep an eye on it and if there’s a good PR angle I’ll take it.

  • http://www.ubervu.com/conversations/www.chinalawblog.com/2010/03/a_google-china_cheat_sheet_rio.html uberVU – social comments

    Social comments and analytics for this post

    This post was mentioned on Twitter by DamjanDeNoble: RT @BlawgTweets: New @DanHarris: A Google-China Cheat Sheet. Rio Tinto. Rio Tinto. Rio Tinto. http://bit.ly/bDFg5Q

  • terrell

    Dan,
    I think you’re wrong about the NPR thing. Lim says Steve “[does] not believe the sentences were overly harsh.” Then Steve says that those sentences are “within the normal range.”
    Not overly harsh = within the normal range, no? Why do you claim Lim says Steve didn’t think the sentences were harsh enough? When did she say that? Why do you feel the need to say Steve doesn’t think the sentences should be longer? It’s obvious from both her statement and his.
    For a “Sage” you’re certainly quick to label others as “Bashers” when they don’t appear to have said anything to that effect.

  • outcast

    I think the government shot themselves in the foot (again) by having a secretive trial. When will they learn that no one trusts them?

  • http://chinayouren.com/en Julen

    The chart is interesting, and for sure there has been a lot of speculation about the Google case. But there are also very clear facts. For example G’s market share is a fact, Google’s 2 blogposts are facts, the tests on the GFW terms are facts (when people do them right, which is not always the case), etc.
    I think we should make a difference between the misinformed paper-selling speculation and the well informed tea-leave reading.
    The first one has happened in many Western media outlets, who cannot be asked to understand properly the censorship system, and instead prefer to do flashy titles, add a couple of phone calls to China experts, and then draw their own spectacular (and wrong) conclusions.
    On the other hand, there tea leave reading, that usually tries to answer the question of “how will China react”. This happens all the time here even among old China observers, mostly due to the lack of transparency of the CCP and the government. In fact, in most cases like this there is little more to do than to speculate while waiting for some revealing line on the People’s Daily.
    Many well informed China blogs have been mostly speculating not about Google’s business motives, but rather about: How the CCP will react, what will be the consequences for internet freedom, etc. What else can they do.
    PS. And if anyone tells me again that this is a rational, planned business move by Google, I think he has no clue what he is talking about. Let’s walk outside and fight.

  • http://www.chinalawblog.com/2010/04/google_rio_tinto_and_the_state.html China Law Blog

    Google, Rio Tinto And The State Of Business In China.

    I am trying to see how many posts I can do with Google and Rio Tinto in the title, despite my earlier claims that neither of those matters are terribly relevant to doing business in China. Though the media views those matters as signaling a sea-change …

  • http://twofish.wordpress.com/ Twofish

    Julan: On the other hand, there tea leave reading, that usually tries to answer the question of “how will China react”.
    But often people try to generate suspense when there is really is none. Will google shut down google.cn or will the Chinese government suddenly decide the Chinese censorship is *evil*???? Will the Chinese government release Stern Hu and apologize for causing him all of this trouble??? Will this finally be the year that the Communist Party falls?????
    Duh…..
    Julan: This happens all the time here even among old China observers, mostly due to the lack of transparency of the CCP and the government.
    Regardless of whether the CCP does or doesn’t have much transparency, it is extremely predictable. Once you watch China for a while, you can pretty much guess how the Party-State will react to an event and be able to write their press releases before they do.
    And I think the lack of transparency is overstated. Who runs the CCP, what they want, and how they plan to go about getting it is rather transparent and predictable.
    Julan: In fact, in most cases like this there is little more to do than to speculate while waiting for some revealing line on the People’s Daily.
    Which more than often tells you nothing. Once the Chinese government has decided something, then there isn’t going to be a “revealing line” but huge banner editorial across all the major newspapers saying that this is what is going to happen. If you have this tiny revealing line in the People’s Daily, the odds are that it was written by some clueless reporter that reveals nothing.
    What I find totally absurd is that people engage in a lot of conspiratorial tea leave reading and ignore the huge volume of data out there. It’s quite frequent that some agency of the party will issue this huge document saying “this is what we are planning, this is what we are thinking, this is what we want you to think, this is what we want you to do.” But all of this is often just totally ignored by the press. There seems to be this weird need to try to find secret hidden messages in something tiny quote that someone makes, while ignoring the 50 page position paper in which he states exactly what he thinks.
    The other problem with tea leave reading is that you’ll find that people get this wildly wrong because they take sound bites out of context, and then make inferences based on inferences based on inferences. Usually what happens is some English newspaper quotes some Chinese official, and then this quote gets scattered everywhere, with people not bothering to read the original transcript, which happens to be posted on the web and available via google (even the censored version.)
    Also there is this weird need to generate excitement when there is none. The last month or so the big meme was how US-China relations were just going to collapse, but now a few months have gone by and we haven’t had world war III, that’s passe.