MkGenie Polaris

By Keen Zhang
zhangr@china.org.cn

Already hit with a Beijing lawsuit brought by 14 Chinese lawyers, media giant CNN faced more legal trouble yesterday as two Chinese women filed a class action against the company in a United States federal court, demanding one dollar for every Chinese person on the planet.

New York beautician Liang Shubing and Beijing primary school teacher Li Lilan signed the complaint against broadcaster. They will be represented by Attorney Ming Hai and his law office.

The suit claims remarks by commentator Jack Cafferty labeling Chinese "goons and thugs" violated the dignity and reputation of the Chinese people and intentionally or recklessly inflicted emotional distress on the plaintiffs.

"So I think our relationship with China has certainly changed, I think they're basically the same bunch of goons and thugs they've been for the last 50 years," Jack Cafferty said in the program "Situation Room" that aired on April 9.

The women are seeking compensation of one dollar for every Chinese person on the planet; a total of US$1.3 billion.

Cafferty, and CNN's parent company Turner Broadcasting, are named as co-defendants. According to New York-based overseas Chinese website Sinovision.net, the court has accepted the case.

Lawyers said the court will send subpoenas to the defendants within two weeks. If the defendants fail to respond within 30 days, the judge can find for the plaintiffs by default. Lawyers said the massive compensation figure would force CNN to contest, but declined to comment on the outcome or claims the case was a symbolic action rather than a serious attempt to seek damages.

CNN earlier issued a statement denying Cafferty or CNN had intended to offend the Chinese people. Cafferty clarified that he was referring to Chinese government. But his clarification was denounced by the Chinese Foreign Ministry as "an attempt to incite the Chinese people against the government" and as confirmation that the intention of CNN coverage of Tibet and the torch relay was to demonize China.

A hotel has banned CNN programs in Xuzhou, Jiangsu Province. The notice says the action will be continued "until CNN sincerely apologize for its tomfoolery".

Ming Hai anticipated the defendants would try to argue they were referring to the Chinese government, but he pointed out that Cafferty used "they" rather than "it", implying he was talking about the Chinese people not the government. And when the commentator referred to "junk" and "poisoned pet food" produced by the Chinese, he was evidently not talking about the Chinese government. Freedom of speech doesn't mean freedom to libel, the lawyer said.

Ming Hai has assembled a team of six lawyers, including a judge from New York Superior Court. "We are going to win because justice is on our side," Ming Hai said. "And I also believe Jack Cafferty will suffer during the long legal proceedings."

"US$1.3 billion averages out at one dollar per Chinese person, so it isn't much," he added.

As CNN reporter Richard Quest was arrested for an alleged drug offence in New York, an online survey conducted by China Central TV shows that 97.61 percent of 3.52 million Chinese voters want CNN and Cafferty to apologize; 90.96 percent of 3.28 million voters said Cafferty was morally corrupt and should be barred from broadcasting for life; 90.82% of 3.27 million voters called on CNN to fire Cafferty.

Yesterday, Hong Kong Education Convergence staged a small protest outside CNN's Hong Kong office. The protestors, holding banners which read "CNN: bad model for students", "Chinese people love peace", "CNN is the true thug" and "CNN means Criticaster Name-calling Network", demanded CNN's boss sincerely apologize and formally retract the racist remarks.

According to newspaper Ming Pao, another huge protest against CNN will be organized in San Francisco on April 26. Organizers expect more than 2,000 Chinese to demonstrate outside CNN's San Francisco division. Siu Yuen Chung, chairman of the Chinese American Association of Commerce (CAAC), said the demonstrations will continue until the company bows its head and sincerely apologizes.

Jack Cafferty is no stranger to racist remarks. On November 17, 2003 while discussing video footage of the killing of an unarmed Iraqi insurgent by a US soldier, Mr. Cafferty said "I wouldn't be too concerned about the sensitivity of the Arab world. They don't seem to have very much. "

During Mr. Cafferty's coverage of Yasser Arafat's funeral he said "Maybe they'll put a sign out front for the Palestinian people, that reads "here lies the body of the thief who robbed you blind."

On September 23, 2004, while discussing Iraqi militants’ demand for the release of two female scientists from prison, Mr. Cafferty stated "Given the way these mutants treat women in their societies, if I was a woman, I think I'd rather be in an American jail cell than living with one of those-whatever they are over there."

Cafferty's personal life is also a mess. Born in 1942 to an alcoholic father, he also became an alcoholic. On May 14, 2003, he was charged with leaving the scene of an accident, reckless driving, assault and harassment, after striking a cyclist. He pleaded guilty and was fined US$250 and ordered to do 70 hours of community service.

CNN may try to put the best face on things by saying its commentator "provides robust opinions that generate debate", or "generates ratings for the network". But CNN has a track record of flirting with racism. CNN founder Ted Turner was himself forced to apologize to the Chinese community after using the derogatory term "Chinaman" during a talk on global warming in March 2007.

If Cafferty wants to see his own future he only has to look to the recent past of some of his colleagues in the US media. Don Imus was fired by CBS for racist remarks made while discussing the NCAA Women's Basketball Championship on April 4, 2007. Jeff Vandergrift and Dan Lay were fired by WFNY and CBS Radio when their “Dog House” show broadcast a six-minute prank call to a Chinese restaurant on April 21, 2007.

Meanwhile, ironically, in a related case, while the Dalai Lama accuses China of "repressing religious freedom" in Tibet, he is being sued in an Indian court for persecuting followers of the Dorje Shugden sect of Tibetan Buddhism. The Dalai Lama deems the sect "non-spiritual", allegedly for political reasons. The first hearing date for this arraignment has been set for May 12.

(China.org.cn April 24, 2008)