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Legal news from Thursday, January 3, 2008 |
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China regulations impose new controls on online videos
Mike Rosen-Molina on January 3, 2008 3:27 PM ET

[JURIST] China [JURIST news archive] is imposing new controls on online videos, according to Chinese government websites Thursday. Under new regulations, videos will henceforward have to be posted on the websites of state-controlled companies. Websites will also be banned from providing videos that reveal state secrets, encourage social upheaval, or distribute pornography. It is unclear how the new regulations, which will take effect on January 31, will be enforced or how they will affect videos hosted on websites based outside of China. An explanation of the regulations was posted on Chinafilm.com [website], a website operated by the state-run China Film Group. AP has more.
China has long been criticized for attempts to clamp down on Internet expression, including its prosecution of cyber dissidents and online journalists. In July 2006, Amnesty International (AI) [advocacy website] took Microsoft, Google, and Yahoo! [corporate websites] to task for allegedly undermining freedom of expression in China [PDF report] as part of a campaign, to "combat internet oppression" worldwide. The report claimed that the Internet companies have been complicit in efforts by the Chinese government to silence government critics. Also in 2006, a Chinese court sentenced [JURIST report] writer Li Yuanlong, a reporter for the Bijie Daily newspaper who wrote essays on websites banned by the Chinese government.


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Federal judge dismisses Spain claim over 2002 tanker oil spill
Benjamin Klein on January 3, 2008 11:20 AM ET

[JURIST] US District Judge Laura Swain Wednesday dismissed Spanish damage claims against the American Bureau of Shipping [official website] (ABS), a non-profit organization that inspects and certifies ships, in connection with a major 2002 oil spill. Spain had filed suit in the Southern District of New York [official website] against ABS after the Bahamas-flagged oil tanker Prestige [Wikipedia backgrounder] sank off the northwest coast of Spain, spilling nearly 77,000 metric tons of heavy fuel oil in the country's worst pollution disaster. Citing the International Convention on Civil Liability for Oil Pollution Damage (CLC) [text], which provides that the owner of a vessel that has spilled oil carries liability for pollution damage and exempts third parties unless they acted recklessly, Swain ruled that "Spain, as a signatory to the CLC, is bound by CLC's provisions and, therefore, must pursue its claims under that convention in its own courts. Reuters has more.
In mid-November 2002, one of the twelve tanks on the Prestige burst during a storm off Galicia, prompting the captain to radio for help from Spanish authorities. Spain, however, refused to give the ship port and the leaky vessel was tugged around stormy seas for six days before it split in two and sank. Spain argued that ABS was negligent in classifying the 26-year-old, single-hulled vessel as fit to carry fuel six months prior to the disaster. ABS disputed Spains allegations, stating that the disaster could have been averted if Spain had better handled the situation.


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Kenya attorney general calls for probe into alleged election fraud
Benjamin Klein on January 3, 2008 10:05 AM ET

[JURIST] Kenyan Attorney General Amos Wako [official profile] called Thursday for an independent investigation of the disputed reelection of President Mwai Kibaki [official profile] amid continued violent protests. In a public statement [text] carried in the Nairobi Daily Nation newspaper, he warned that Kenya is quickly degenerating into a catastrophe of unimaginable proportions and that the situation, if left unchecked, will tear apart the economic and social fabric of...Kenyan nationhood. Citing accusations of election fraud raised by Samuel Kivuitu, Chairman of the Electoral Commission of Kenya [official website], Wako insisted that a proper tally of the valid certificates returned and confirmed should be undertaken immediately by an independent and mutually agreed-upon body. Reuters has more.
The controversial presidential vote has sparked simmering ethnic tensions in Kenya [JURIST news archive], where Kibaki has long been accused of using his position to favor members of the Kikuyu tribe. Fueling accusations of malfeasance, Kibaki won the election despite early opinion polls that placed rival candidate Raila Odinga [campaign profile] in the lead. Thousands of opposition supporters took to the streets [JURIST report] Sunday and Monday prompting the government to temporarily ban public rallies. Odinga [party website] has boycotted crisis talks with the reelected president. Post-election violence, including the mob burning of a church in the town of Eldort, has so far caused over 300 deaths and displaced nearly 70,000 people.


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