— Taking the Marrakesh Treaty as an Example

 

ZHENG Ning*

 

Abstract: The Marrakesh Treaty is an excellent subject for China to disseminate its concept of the rule of law around the globe. With the changes of the times, the content and way of international communication regarding the rule of law are changing constantly. In the era of globalization, countries have strengthened rational communication and dialogue mainly by concluding international treaties to convey the concept of the rule of law. For the international communication of the rule of law, it is necessary to take into account three elements: Subject, content, and audience. Targeted strategies are adopted to present the characteristics of diversified subjects, rich content, and stratified audience. The agenda-setting, spiral of silence, and cultivation theories provide positive guidance for international communication. The audience survey and content analysis methods can achieve good effects in spreading the rule of law. It is necessary to integrate multiple subjects, create rich content, carry out targeted strategies to different audience, underscore the evaluation of effects, and train talents to strengthen the international communication of the rule of law.

 

Keywords: Marrakesh Treaty · rule of law · international communication · logic · path

 

 

The world is undergoing momentous changes on a scale unseen in a century. The strategic rivalry among major powers is intensifying day by day, and the international order is undergoing profound adjustments. Since the birth of modern international law in the early 17th century, international law has performed an important role in the building of the international order. The “eleven commitments,” the core of General Secretary Xi Jinping’s thinking on the rule of law, contain the key content of taking a coordinated approach to the rule of law at home and in matters involving foreign parties. Promoting the international communication of the rule of law is an important part of promoting the rule of law in matters involving foreign parties,¹ and is also an inherent requirement for China to participate in global governance, promote international rule of law, gain a bigger say and influence over the rule of law, and promote the building of a community with a shared future for human beings.²

 

The comprehensive application of interdisciplinary knowledge on law, communication sciences, etc. is needed to study the international dissemination of the rule of law. Current theoretical research in this field in China is weak. A search for “international dissemination of the rule of law” on China National Knowledge Internet (CNKI) produces only four papers, which merely deal with thoughts in this regard without producing systematic results. The practice of international dissemination of the rule of law is also immature. The “Top Ten Typical Cases of International Dissemination of Rule of Law in China” released in 2020 and 2021 are used in this paper as research samples. Of the 20 cases, foreign language translations (including reports, legal provisions, names of institutions, and English websites) accounted for 55 percent, international seminars accounted for 35 percent, cultivation of rule of law talents accounted for 5 percent,³ and judicial practice accounted for 5 percent. On the whole, it is still a traditional paradigm for external publicity. It is yet to transition to an international communication paradigm, with limited practical effects in its communication. International communication theory originated in the West, and scholars studying international politics, sociology and communication sciences have produced many books. In general, the theoretical framework of their studies is deeply influenced by Western-centrism.⁴ China’s research on international communication mainly focuses on six fields: the study of the shaping of national image, the study of international communication capabilities, the study of international public opinion, the study of news reporting on China for foreign audiences, the study of public diplomacy, and the study of cross-cultural communication⁵. At present, a key task for China isto strengthen its international communication; to tell true stories about China, spread China’s voice, and present a true, multi-dimensional, and panoramic view of China.⁶ In terms of the international dissemination of the rule of law in China, we should draw on the beneficial achievements of international communication theory, incorporate the characteristics of the rule of law, and build a systematic theoretical system to guide the practice of international communication of the rule of law. 

 

To achieve a good effect for international communication of the rule of law, it is first necessary to discover high-quality materials suitable for international dissemination. The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (MVT) approved by the Standing Committee of the National People’s Congress of China on October 23, 2021 is the first international convention on human rights in the field of copyright. As one of the first signatories to this treaty, China worked side by side with other developing countries and entered into arduous negotiations with the developed countries. This eventually led to the conclusion of this treaty and made positive preparations for its implementation. Regarding the Marrakesh Treaty as a key program for the international dissemination of the rule of law and making plans for international dissemination at theoretical and institutional levels have positive demonstration significance for enhancing the international influence of China’s rule of law theory and practice. With the Marrakesh Treaty as the example, this paper analyzed the changes, basic elements, and the effect of the international dissemination of the rule of law in China from the perspective of the disciplines of law and communication sciences, with a view to building a theoretical system for the international dissemination of the rule of law, and making suggestions on how to realize the international dissemination of the rule of law. 

 

 

The mainstream view is that international communication does not refer to the transmission of information to foreign countries through the use of mechanical, electronic and other physical means, but to the influence on the mutual attitudes and behavior of different countries through the exchange of words, impressions and opinions.⁷ The international dissemination of the rule of law is an activity that influences the attitudes and behavior of other countries through the diffusion of information concerning the rule of law. Research on the history of the international dissemination of the rule of law helps to summarize the rules and foresee the trend. The history of the international dissemination of the rule of law can be roughly divided into the following four stages. 

 

 

The international dissemination of the rule of law goes back a long way. Some ancient civilizations disseminated the rule of law internationally in a somewhat primitive and scattered manner out of the need for conquest. The Egyptian-Hittite peace treaty concluded between Egyptian Pharaoh and Hittite King in 1291 BC is considered to be the first formal treaty in the history of international law. The treaty stipulates eternal peace and mutual trust between the two countries. If one country was bullied by other countries, the other country should send troops in support of the bullied one. Neither country was allowed to accept the other’s fugitives, and each guaranteed that it was obliged to extradite the fugitives to the other.⁸ As the Roman government expanded and the economy flourished since the 3rd century BC, the number of foreign freemen living in Rome increased. Roman civil law adopted jus sanguinis, granting legal rights only to Roman citizens, while the aliens living in Rome and the residents in the conquered areas were not protected by law. Their respective national laws applied to the resolution of disputes. In order to address the relationship of rights and obligations between the aliens and the residents of the conquered areas themselves as well as between them and the citizens of Rome, Rome set up the position of supreme praetor and enacted jus gentium, which mainly regulates property relationships, especially concerning ownership and contracts. The system of jus gentium is more comprehensive and flexible than that of civil law, and better suited to the development of the Roman slave economy.⁹ Ancient Rome disseminated its concept of the rule of law overseas by setting foreign-related legal rules. China placed a high value on connection with the outside world and the communication of civilization. Zhang Qian on diplomatic missions to the Western Regions, Jianzhen crossing the sea to Japan, and Zhen He traveling to the West drove the development of Sino-foreign trade and cultural exchanges. The international dissemination of the rule of law in ancient China also played a positive role in the progress of neighboring countries in the rule of law. The system of laws and decrees during the Tang Dynasty (618-907) in China exerted a far-reaching impact on the political system and legal system in the Nara period in Japan. Japan implemented the Handenshuju system and Zuyongdiao system in imitation of the Tang Dynasty practices, established the centralized political system, completed Japan’s transition from a slave society to a feudal society, and enacted the Taihō Code and the Yōrō Code.¹⁰

 

 

The practice of international communication of the rule of law develops alongside the advancement of media technology. A country’s internal affairs became a universal concern as a result of the invention of the telegraph in 1837. The American Civil War was covered by the media in the United Kingdom, France, Germany and other countries, and both the North and the South made extensive remarks in the newspapers. The British newspaper The Times assisted Britain’s pro-South people in publishing a legion of articles against the North.¹¹ In order to realize international communications, 20 countries signed the International Telegraph Convention in Paris and established the International Telegraph Union in 1865, which laid the foundation for the standardization of international telecommunication. During World War I, the United Kingdom warped the United States’ judgment about the situation through wartime public opinion warfare and physical disconnection of the submarine cable between the United States and Germany, and eventually involved the United States in the war.¹² During this period, the American international political analyst Walter Lippmann put forward the pseudo-environment theory, arguing that the popularity of communication technologies such as telegraph and broadcasting had made possible international communication, and were also creating a virtual reality. This information was an “illusion” created by the media, but not the real appearance of the outside world.¹³ American political scientist Harold Dwight Lasswell argues that publicity in war is to control people’s opinions and attitudes by directly manipulating public opinion, and incorporate publicity activities into the national political system.¹⁴ In the 20th century, electronic media such as radio, film, and television emerged and were widely applied to wartime information transmission, facilitating high-speed information transmission across borders. To seek a favorable position in global radio distribution, developed countries actively participated in international organizations¹⁵ such as the Universal Postal Union, the International Telegraph Union, and the International Union of Radio Science, and in the formulation of international conventions such as the Universal Postal Convention and the International Telecommunication Convention. International communication of rule of law at this stage focused on promoting the formulation of international rules and expanding the scope of international communication for better allocation of media resources.¹⁶

 

 

The fierce ideological confrontation during the Cold War resulted in progress in the theory and practice with regard to the international dissemination of the rule of law. In the 1970s, the American scholars Heiz-Dietrich Fischer and John C. Merrill defined international communication as an intergovernmental exchange of information rather than a simple cross-border transfer of information, and argued that the international communication order was controlled by a few major powers.¹⁷ This definition limits international communication to intergovernmental communication across borders and regards it as an important means of addressing international relations. Daniel Lemer, a representative of the school of development communication in the United States, advanced the modernization theory, arguing that the Western political and economic pattern can be transmitted to third world countries through international dissemination to bring about cultural changes, so that traditional societies different from Western societies would disappear.¹⁸ Siebert, Peterson, and Schramm glorified the media system of capitalist countries while tearing into the Soviet socialist media system during Stalin’s rule, in an attempt to raise the influence of Western capitalist ideology and ideas and promote developing countries to imitate the media system of Western countries.¹⁹ Herbert Schiller advanced the idea of cultural imperialism, arguing that cultural imperialism is “a process in which a society, when it joins the modern world system, is forced to accept the values of the core forces in this world system under external pressure, and make the social system adapt to this world system.”²⁰ The theory of international communication under the Cold War mentality focuses on how to culturally penetrate developing countries under Western-centrism. In 1975, 35 countries including the United States, Canada and European countries signed the Helsinki Accords, which sets out ten basic principles for addressing interstate relations, namely: sovereign equality, respect for the rights inherent in sovereignty; refraining from the threat or use of force; inviolability of frontiers; territorial integrity of states; peaceful settlement of disputes; non-intervention in internal affairs; respect for human rights and fundamental freedoms; equal rights and self-determination of peoples; co-operation among states; and fulfillment in good faith of obligations under international law. Guided by the Helsinki Accords, the Western countries exploited the provisions to support the Soviet Union’s “dissidents,” initiating a process of large-scale peaceful evolution and bringing about drastic changes in the Soviet Union and Eastern Europe.²¹ The international dissemination of the rule of law at this stage became a tool of ideological confrontation. 

 

 

The world entered the stage of globalization in the 1990s. The concept of a “Global Village” advanced by Canadian scholar Marshall McLuhan gradually expanded.²² Countries become more interdependent, a global symbiosis system was formed, and multipolar replaced bipolar major-country relations. In order to address the common challenges facing mankind, all countries are involved in global governance and the establishment of related mechanisms to varying degrees, and international organizations and international treaties play an increasingly key role in shaping the global order. The key task for the international dissemination of the rule of law at this stage is to adapt to the situation in the globalized world and to propose constructive solutions for handling inter-state and inter-regional relations as well as solving tw problems facing mankind. The American scholar Joseph Nye put forward the theory of soft power, in which countries influence the world by means of their attractive culture, political ideas, and policies. Soft power can only become more attractive through the practice of public diplomacy.²³ The German philosopher Jurgen Habermas advanced the theory of communicative rationality, arguing that communication is a continuous transition between “self” and “alter ego”, a process of showing mutual understanding, and a process of generating meaning “between subjects.”²⁴ The developing countries represented by China try to abandon the “zero-sum game” model, and put forward new propositions such as “a community with a shared future for human beings” and “exchanges and mutual learning between civilizations” that are different from Western-centrism. Concepts contained in the “community with a shared future for human beings” such as “sovereign equality, dialogue and consultation, win-win cooperation, exchanges and mutual learning, and green development” are used as ideological underpinning for the development of the international human rights cause. International conventions such as the International Convention on the Suppression of Acts of Nuclear Terrorism, the United Nations Convention against Corruption (UNCAC), and the Convention on Cultural Diversity have been adopted to tackle the common challenges facing mankind. As the fourth industrial revolution characterized by digitalization deepens, increasing rational dialogue and communication among states and seeking to maximize common interests have become new issues in the international dissemination of the rule of law at this stage, and more developing countries have the opportunity to participate in global governance. The Marrakesh Treaty reflects the global effort to protect the pursuit of equality, freedom of information, right to education, and cultural rights for persons who are blind, visually impaired or otherwise print disabled in the form of restricting copyright. It was concluded after many rounds of negotiations between developing and developed countries. This embodies the concept of equal participation of all states in decision-making, dialogue and consultation, and win-win cooperation. 

 

The history of the development of international dissemination regarding the rule of law is summarized. While international confrontation erupts from time to time, it is the long-term interest of the world and the prevailing trend to seek the greatest common denominator through international treaties, convey respective concepts of the rule of law, and embrace cooperation instead of conflict. 

 

 

The basic elements of international communication of the rule of law include the subject, content and audience. Its connotations, types and characteristics are analyzed below in conjunction with the Marrakesh Treaty, in order to reveal the law of international dissemination of the rule of law. 

 

 

The subject in the international dissemination of the rule of law is those that initiate, implement and control the activities for international dissemination of the rule of law. In the era of mass communication, the subject for international communication of the rule of law is the state (including legislative, administrative, judicial and other state bodies). As an information generator and authoritative source of information, the state often monopolizes the most important information that the media and the public want to know. The main purpose of international communication activity carried out by the state is to strengthen external communication, create a good international image, and safeguard information sovereignty. Information sovereignty refers to a country’s right to independently manage its information communication system as well as its content. It mainly covers three areas: First, the right to protect, develop and utilize information resources in the country. Second, the right to independently establish national systems of information production, processing, storage, circulation and dissemination without external interference. Third, the right to administer and monitor the export of domestic information as well as the import of information from foreign countries and regions.²⁵ Information sovereignty is covered by the preamble to China’s Constitution: China pursues an independent foreign policy, observes the five principles of mutual respect for sovereignty and territorial integrity, mutual nonaggression, mutual noninterference in internal affairs, equality and mutual benefit, and peaceful coexistence, keeps to a path of peaceful development, follows a mutually beneficial strategy of opening up, works to develop diplomatic relations and economic and cultural exchanges with other countries, and promotes the building of a community with a shared future for human beings.²⁶ China has also adopted the Cybersecurity Law and the Data Security Law to safeguard information sovereignty. State bodies and public servants conduct international dissemination in various ways such as press conferences, news reports, non-profit advertisements, meetings, and white papers. For example, the Party and government bodies represented by the Publicity Department of the Communist Party of China (National Copyright Administration) have played a positive role in the conclusion and publicity of the Marrakesh Treaty by holding many news conferences to introduce the conclusion and implementation of the treaty.²⁷

 

Social organizations are non-profit institutions, including international and domestic organizations. Oftentimes, international organizations formulate international rules and mediate and adjudicate international disputes, and naturally hold advantages in the international dissemination of the rule of law. For example, the World Intellectual Property Organization (WIPO) set up the Accessible Books Consortium (ABC) in 2014 in partnership with the World Blind Union, Accessible Digital Information System Group, International Federation of Library Associations and Institutions, the International Authors Forum, the International Federation of Reproduction Rights Organisations (IFRRO), and the International Publishers Association. It aims to meet the objectives set out in the Marrakesh Treaty, and increase the number of books in accessible formats worldwide so that more publishers, Braille libraries, authors and other relevant organizations are involved in this area. ABC allows participating Braille libraries to exchange accessible books worldwide and share bibliographies in the form of online catalogs, and presents accessible books it has obtained to print-disabled users.²⁸ By the end of 2021, ABC had over 650,000 types of books in 80 languages available for cross-border exchange without the need for rights settlement. Nearly 150,000 accessible digital documents are available for immediate download by authorized entities.²⁹ Chinese organizations also play a great role in the international dissemination of the rule of law in specific areas. For example, the China Disabled Persons’ Federation, in concert with the Ministry of Culture and Tourism of China and the National Press and Publication Administration, launched the 2022 national cultural week event for persons with disabilities. In conjunction with the implementation of the Marrakesh Treaty, it actively develops and promotes Braille publications, audiobooks and other resources, brings into play the role of the China Braille Library and local public cultural service institutions for persons with disabilities, and promotes digital reading in innovative ways, so that people with disabilities have access to reading services in local areas.³⁰ Zhejiang Provincial Association for the Blind participated in the research seminar on the implementation of the Marrakesh Treaty held by the WIPO in China.³¹ Shanghai Youren Charity Foundation and Shengbo Social Service Center hosted the Golden Tactile Stick Project, which trains the adventitiously blind in life and vocational areas. These organizations publicize their practices of protecting the rights and interests of the visually impaired, enabling the visually impaired to have a sense of belonging and receive effective empowerment. These also showcase the results of social co-governance in China. 

 

Enterprises, particularly multinationals, also play an important part in international communication on the rule of law. Enterprises often conduct international communication in the form of international advertisements and global public relations efforts. Some companies with a sense of social responsibility make efforts to help print-disabled persons. For example, Tencent, Baidu, Meituan, etc. have developed technologies to make it easier for the visually impaired to chat, read and order takeaway meals.³² These enterprises can disseminate experience in implementing the Marrakesh Treaty and the positive values through public interest advertisements. Publishing houses are also significant players in the implementation of the Marrakesh Treaty. Elsevier, Cambridge University Press, Pearson Education Group, John Wiley & Sons, McGraw Hill, Macmillan Publishers, Springer, Hachette Livre, and other publishing groups have also joined ABC and signed the Charter for Accessible Publishing. They can directly publish “born accessible” works, or provide electronic versions to “authorized entities” for the production of publications in accessible formats. Their power can be leveraged for the international dissemination of the implementation of the Marrakesh Treaty. 

 

Before the advent of the internet, it was difficult to attract social attention by relying on individuals alone, and it was difficult for individuals to play a principal role in international communication of the rule of law. Thanks to the internet, which is characterized by a low threshold of use, timeliness, interaction, etc., individuals can participate in international communication at a low cost. Individuals have thus become significant players in international communication. In the international dissemination of the Marrakesh Treaty, attention should be paid to three categories of individuals: the first is the visually impaired. The visually impaired are the beneficiaries of this treaty and the ultimate arbiters of the effect of its implementation. We must bring into play their principal role and value their personal feelings. We can achieve good communication results by tracking and assessing the impact of the treaty on the visually impaired, and inviting them to share their own experiences. The second is public figures. Public figures, such as politicians, cultural and sports celebrities, and wellknown entrepreneurs, are well-known and influential, their views often attract social responses. The third is legal experts. They engage in professional communication, can respond to and put right public opinions, and communicate with the international academic community. For example, Professor Wang Qian of the East China University of Political Science and Law was involved in the conclusion of the Marrakesh Treaty and published many papers. The international dissemination he conducts carries conviction. 

 

In the era of social media, countries face the challenges of how to effectively integrate various players in communication, ensure the independence of information sovereignty, and develop communication synergy in the context of the different interest demands of international communication entities and diversified forms.

 

 

“Content is king” is the basic philosophy of media production. Information on the international dissemination of the rule of law can be divided into news information, advertising information, entertainment information, and knowledge information based on their functions. 

 

 

News, the reporting of events that just took place, is characterized by its authenticity, accuracy and timeliness. Genres of news include messages, communications, news features, news commentaries, news interviews, etc. News information on the rule of law is news information relating to the operation of the rule of law, such as legislation, law enforcement, the judiciary, and law observance. 

 

(1) Legislative news

 

Legislation, epitomizing the will of a state, is authoritative, procedural, and universally applicable. Its enforcement is guaranteed by the state’s coercive power. Legislation shows that the state places a high value on a certain matter and can often achieve good results in international dissemination. China’s legislation encompasses general legislation such as the Constitution, laws, administrative regulations, local regulations, departmental rules, and local government rules, as well as special legislation such as regulations on autonomy, separate regulations, and regulations on special zones. Various states are developing or amending legislation to implement the Marrakesh Treaty. In 2020, China amended its Copyright Law by adding subparagraph 12 to Article 24, in which “providing published works to print-disabled persons in an accessible manner that can be perceived by them” is included in the circumstances for fair use. It is of great significance to China’s ratification of the Marrakesh Treaty, because it removes legal obstacles. In 2018, the French Ministry of Culture initiated a strategic plan to promote “born accessible” publications.³³ In 2019, Japan enacted the Accessible Reading Act to bring into effect the treaty.³⁴ The European Accessibility Act, released in 2019, complemented the Marrakesh Treaty to ensure that new e-books are accessible from the date of creation.³⁵

 

In China, policies are promulgated by the Party and the state in an authoritative and standardized manner, which stipulate the goals to be achieved, the principles of action to be followed, tasks to be completed, the methods of work to be implemented, general steps and specific measures to be taken in a given period. Policies are closely associated with laws. Laws are often guided by policies, which in turn guide the enforcement of laws. The law is clear and stable, and is guaranteed by the coercive power of the state, while the policy is of a guideline, principle and orientation nature. Attention should be paid to news on policies in the international dissemination of the rule of law, such as the Outline for Building an Intellectual Property Power (2021-2035) issued by the CPC Central Committee and the State Council, and the Human Rights Action Plan (2021-2025) issued by the State Council Information Office in 2021. 

 

(2) News on law enforcement

 

Law enforcement refers to the activity of law enforcement bodies in exercising their powers, fulfilling duties, and enforcing laws in accordance with statutory powers and procedures. Law enforcement is characterized by public welfare, execution, efficiency, etc. Law can be enforced by means of traditional administrative punishment, administrative coercion, and administrative permits, as well as innovative ways such as administrative guidance, administrative reward, and administrative assistance. In order to implement the Marrakesh Treaty, the National Copyright Administration is improving the supporting mechanism, preparing implementation measures in light of China’s conditions, increasing guidance and supervision over authorized parties, regulating the production and provision of works in accessible formats, and fostering cooperation with the WIPO and the ABC to promote the cross-border exchange of works in accessible formats, so that the Marrakesh Treaty can truly benefit print-disabled persons³⁶. Such information news is suitable for international dissemination. For example, in February 2019, the Australian Book Publishers Association produced two guide projects for accessible publishing for publishers and other institutions, which are funded by the Cultural Fund of the Australian Copyright Agency. The government of Canada earmarked US$22.8 million in 2019 to support Canadian publishers in publishing more books in accessible formats.³⁷

 

(3) Judicial news

 

The judiciary refers to a special activity of the state judicial organs and their judicial personnel to apply the law to adjudicate law cases according to statutory powers and procedures. It has the characteristics such as impartiality, authority, and finality. Judicial news primarily takes the forms of judicial rulings, judicial interpretation, and judicial documents. In 2021, the case tried by the Beijing Internet Court in which Beijing iQIYI Science & Technology Co., Ltd. sued Shanghai Qiaojiaren Culture Media Co., Ltd. for infringing on the right of communication through information network concerned the fair use of the “accessible version” of the film I Am Not Madame Bovary. The court clarified the constituent elements and applicable norms for the fair use of the accessible film, interpreted the application of the Marrakesh Treaty and the Convention on the Rights of Persons with Disabilities in domestic laws, and made clear the norms for the application of international treaties.³⁸ In 2022, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the China Disabled Persons’ Federation jointly issued the Opinions on Xi Jinping’s Thinking on the Rule of Law and Effectively Strengthening the Judicial Protection of Persons with Disabilities, which proposes that persons with disabilities equally enjoy public legal services, illegal acts that infringe on the rights and interests of persons with disabilities will be severely punished in accordance with the law, and accessible litigation services will be earnestly strengthened. This is also judicial news suitable for international dissemination. 

 

(4) News on law observance 

 

Observance of the law refers to the activity of any organization or individual to consciously observe the law and to act in accordance with the law. For example, the production and provision of books in accessible formats by China Braille Press and the observance of the scope of fair use by authorized entities are all practices of observance of the law. 

 

 

Advertising is generally paid, organized, comprehensive, persuasive, non-personal information communication activity about a certain product (goods, service, and idea) by established sponsors through a full variety of media.³⁹ According to the purpose of advertising, it can be divided into commercial advertisement and non-profit advertisement. The purpose of a non-profit advertisement on rule of law is to publicize the concept and knowledge of the rule of law, such as the non-profit advertisement entitled “Marrakesh Treaty — Broadening the Horizons of Print-disabled Persons” produced by China Central Television (CCTV) in respect of the Marrakesh Treaty.The purpose of commercial advertising on rule of law is to recommend the products or services of certain firms (such as law firms and law-related enterprises). It is subject to the Advertising Law and the norms of relevant administrative departments and industry associations. For example, the Norms for Lawyers Regarding Law Enforcement and the Rule of Conduct for the Promotion of Lawyer Business (Trial) issued by the All-China Lawyers Association regulate commercial advertisements for lawyer business. To popularize the Marrakesh Treaty, it is necessary to leverage powerful and convincing advertising. 

 

 

Entertainment is closely associated with joy and happiness. The Modern Chinese Dictionary defines “entertainment” as “interesting activities that bring joy.” From a psychological perspective, the pursuit of happiness is the basic psychological need of humans. Research on positive psychology shows that positive subjective experience and happiness can promote human health and happiness, and contribute to social prosperity.⁴⁰ Entertainment information on the rule of law is often disseminated in a subtle manner through film and television dramas, variety shows, etc., so that people learn about the concept and knowledge of the rule of law in an interesting manner. Such examples include the movies 12 Angry Men and The Story of Qiu Ju, the TV dramas Suits, Silk, and The Best Partner, the variety show Tempting Offer, and law popularization programs Legal Report and Fangyuan Juzhen. As short videos catch on, short videos become a new way to popularize the knowledge of the law. Many institutions and individuals produce short videos to disseminate the rule of law in a lively way. The overseas dissemination of film and television programs, as well as short videos, often achieves a better communication effect than the simple presentation of the news. 

 

 

Knowledge information on the rule of law mainly refers to data and materials related to rule of law, which has great value in the continuation and development of the rule of law, including papers, legislative materials, databases, and research reports. For example, such information includes preparatory materials for China’s signing of the Marrakesh Treaty, papers written by scholars, and evaluation reports on its implementation. 

 

In the information society, we see a trend of information integration and convergence. It is manifested in complex forms, and a host of information is often mixed. Therefore, communication entities need to be innovative in content creation. 

 

 

In the era of new media, the audience for international communication are more independent. Instead of becoming the recipient of information, the audience actively seeks and acquires information, and even takes the initiative to disseminate information, and interact with those who produce communications. Due to differences in political systems, legal systems, languages, culture and customs, the audience for international communication is characterized by its wide scope, complexity and diversity. The audience should be treated in a targeted manner in order to achieve good communication results. 

 

Identifying the target audience is a prerequisite for the international dissemination of the rule of law. In terms of importance, the target audience can be divided into the key audience, secondary-level audience, and general audience.⁴¹ Key audience refer to those who have a very important influence on the goals of the international dissemination of the rule of law, including key state leaders, leaders of international organizations, large enterprises, and public figures. Their understanding and support help to create a good environment of public opinion, so it is necessary to take more time to reach the key audience. The secondary-level audience refers to those who have a relatively important influence on the goals of the international dissemination of the rule of law. Their attitude and stance cannot be ignored, so we must strive to secure their support, such as the visually impaired and the social organizations for the visually impaired as described in the Marrakesh Treaty. The general audience refers to those who do not have a decisive impact on the goals of international communication of the rule of law. Despite their large number and wide distribution, they are often the silent majority. The communication entities must fulfill the obligation to notify. Any major decisions and important actions must be notified in a timely manner to avoid causing misunderstanding and negative public opinion. 

 

Based on the audience’s attitude, the audience can be divided into favorable audience, unfavorable audience, and neutral audience. The favorable audience refers to the audience that has a good relationship with the communication subject and has the same or a similar attitude and position. The greater the size of such an audience, the better the communication effect. The unfavorable audience refers to the audience who are unfriendly to the communication subject or hold different positions and attitudes. It requires unremitting efforts as well as tact and methods to change their hostile attitude. The neutral audience refers to those whose position is not clear, and who may switch sides. Therefore, it is necessary to make such audience remain neutral, or become favorable audience.⁴² Signed by 84 signatories, the Marrakesh Treaty is a human rights convention that has been widely recognized in the world. There are a large number of favorable audience who hold the same or similar position as China. We should adopt targeted strategies according to different audience and make communication in the long term, so as to develop allies, change the attitude of the unfavorable and neutral audience, and form public opinion in favor of China, thereby securing the support of other countries for other human rights issues. 

 

 

The effect of international dissemination of the rule of law is a key indicator for gauging and assessing the success of international communication activities regarding the rule of law. Theories on the effect of communication primarily include the theory of agenda setting, the spiral of silence theory and the cultivation theory. These have inspiring significance for the formulation of international communication strategies.

 

 

Maxwell McCombs and Douglas Shaw put forward the theory of agenda setting in 1972, arguing that news coverage and information communication activities by the media influence people’s judgment about major world events and their importance by attaching different degrees of significance to issues.⁴³ This theory is consistent with China’s emphasis on the media function of guiding public opinion. The internet era poses new challenges to the agenda-setting theory. Since everyone can post information, a lack of gatekeepers will easily cause problems such as putting public opinion guidance out of focus and distorting mass information. McCombs et al. reformed the traditional agenda-setting theory by putting forward the theory of “internet agenda setting,” revealing how an individual issue is changed into a group issue under the algorithm-based recommendation model. Users are sensitive to the information recommended by the algorithm, and their instinct to comment on events is stimulated. Under the algorithm-based recommendation model, the audience sharing the same interest can communicate, leading to community issues. Thereafter, communities discussing the same topic on different platforms communicate, leading to the emergency of inter-community issues. When the scope expands, it becomes a group issue.⁴⁴ According to the agenda-setting theory, the agenda can be set on the basis of important anniversaries or hot events for the international dissemination of the Marrakesh Treaty, and algorithm recommendations can be made to form group issues such as hot issues and trending searches, which will attract global attention. 

 

 

The spiral of silence theory was first advanced in 1974 by the German communication scientist Elisabeth Noelle-Neumann, who believed that the expression of individual opinions is a psychosocial process. To prevent the social punishment of isolation, individuals will observe the opinions made by those around them before expressing their views. When they find they are in the majority or share dominant opinions, they are inclined to boldly express their views. When they find themselves in the minority or their opinions are at a disadvantage, they generally become silent or go along with others under pressure. The expression of opinion as well as the spread of silence are a spiral process of social dissemination. Silence on one side feeds the opinions of the other, reinforcing the dominant opinion. This in turn forces more dissidents into silence, leading to a spiral process in which one side voices their opinion loudly, while the other side remains silent. Mass communication influences and creates public opinion by shaping an “opinion climate.”⁴⁵ This theory interprets the psychological and sociological basis of the majority opinion (public opinion). It emphasizes that the media has a strong capacity to manipulate society, but it is also prone to causing the suppression of minority opinion, group polarization, irrationality, etc. For the international dissemination of the Marrakesh Treaty, it is necessary to create an uplift climate of public opinion, and pay attention to the print-disabled persons, so as to ensure the expression of their voices and interest appeal, preventing the imbalance in the communication ecosystem caused by the spiral of silence.

 

 

The theory of cultivation was advanced in the late 1960s. The American scholar George Gerbner believes that the “symbolic reality” connoted by mass media plays a huge role in people’s perception and understanding of the real world in modern society. Given the certain tendency of the mass media, there is a large gap between the “subjective reality” portrayed in people’s minds and the objective reality. At the same time, this influence is a long-term, subtle process of “cultivation,” restricting people’s view of reality in an unconscious manner.⁴⁶ The cultivation theory emphasizes consensus building, which is a long-term, subtle process. According to the cultivation theory, the international dissemination of the Marrakesh Treaty should be carried out on a routine basis, and user habits must be cultivated to influence their values. 

 

The effect of international communication of the rule of law can be evaluated mainly in two ways: the audience survey method and the content analysis method. The audience survey is an activity that collects the opinions of the audience and monitors the trend of public opinion using scientific statistical methods.⁴⁷ Methods specifically include telephone interviews, individual interviews, symposiums, sample questionnaires, and the hiring of news commentators. Audience survey can be conducted by professional and independent survey companies, such as Gallup and Pew. It can also be conducted in the form of an online survey, netnography, etc. The content analysis method is a method of continuously analyzing the content of foreign media reports on issues to evaluate the effects of international dissemination. The advantages of this method are: easy access to research documents and low cos.⁴⁸ However, it is difficult to understand the audience’s acceptance through the content analysis method, and therefore it must be used alternately with the audience survey method. Given the costs and benefits, the content analysis method can be used as a conventional evaluation method for the international dissemination of the Marrakesh Treaty, and the audience survey method is adopted in stages (e.g., 1-2 years after its entry into force). The communication strategy is optimized based on feedback in order to enhance the communication effect. 

 

 

According to the above theories, the path to realize the international dissemination of the rule of law in China can start with the following five respects.

 

 

Given the diverse entities that conduct the international communication of the rule of law, and in order to avoid conflicting content and realize a communication synergy, the state should carry out top-level planning. Under the coordination of relevant Party and government bodies, state organs are responsible for releasing and interpreting authoritative content such as legislative policies and data, maintaining information sovereignty, and using legal, economic, technological and other means to coordinate and supervise the international communication activities conducted by other entities. The international dissemination of the Marrakesh Treaty can be coordinated by the National Copyright Administration, and a regular communication mechanism can be established in concert with the Ministry of Foreign Affairs, the State Council Information Office, China Society for Human Rights Studies, China Disabled Persons’ Federation, etc. in order to coordinate efforts. At the same time, an effective linkage should be developed with the WIPO, large publishing houses, multinationals, the visually impaired, social organizations, public figures, and well-known scholars. The Olympic Winter Games Beijing 2022 was a success story for international communication. An integrated communication network covering the government, sports stars such as Gu Ailing, as well as international friends such as Japanese television reporter Tsujigang Yoshido was established. It effectively disseminated the concept of staging a “green, inclusive, open and clean” Olympic Winter Games, and the Beijing Winter Olympics became the most-viewed Olympic Winter Games so far. This practice is worth learning from. 

 

 

The international dissemination of the Marrakesh Treaty is in its infancy. China should meticulously plan and design richer and more integrated content for the dissemination of the rule of law.

 

1. Legislative policies supporting dissemination. China is formulating supporting legislation and implementation plans for the Marrakesh Treaty, which clarify the scope of works, beneficiaries and the implementation subjects, the forms of use, restrictions on the reuse of the results, etc. It demonstrates China’s determination and efforts to implement the treaty. It is necessary to conduct in-depth international dissemination of the formulation process, results, and content of the supporting legislative policy.

 

2. Dissemination of the implementation status of the treaty. China should regularly evaluate the implementation of the treaty, and write it into the Progress of Human Rights in China White Paper and the Human Rights Action Plan. The institutional experience in and practical results of China’s implementation of the Marrakesh Treaty should be convincingly introduced with the use of data.

 

3. Dissemination of specific scenarios and typical cases. Previous international dissemination of the rule of law mostly focused on grand ideas and judgments of concepts, while specific scenarios and typical cases were rarely disseminated. It is not easy to strike a chord with the audience.⁴⁹ General Secretary Xi Jinping said that it is necessary to grasp the laws of international communication, build a system for expressing China’s voice on the world stage, enhance the art of communication, and make international communication more friendly and effective. The Plan for Building the Rule of Law in China (2020-2025) issued by the CPC Central Committee in 2021 regards “promoting the publicity of the rule of law overseas and telling true stories about China’s rule of law” as a key task to strengthen the work on rule of law in matters involving foreign parties. At the World Judicial Conference on Environment held in Kunming in May 2021, participants from China’s judicial system played a short video on the northward migration of wild elephants when elaborating on China’s stance on judicial protection of the environment. It was greatly recognized by foreign participants and achieved excellent results in international communication.⁵⁰ When conducting the international dissemination of the Marrakesh Treaty, attention should be paid to replacing the grand topic of human rights with true and credible stories of ordinary people. Typical cases and stories about representative characters can be used to create an image of China that is credible, lovely, and respectable. 

 

 

For the international dissemination of the rule of law, China should abandon the traditional way of using press releases only. It should be targeted at different audience. First of all, we should focus on the key audience and secondary-level audience and strive for more favorable audience, so as to maximize the effect of international communication. Second, for audiences in different countries and societies, we should communicate in a way appropriate to their cultural habits. We should draw up targeted policies for every continent, every country and even every group of people.⁵¹ Finally, for audiences of different age groups, it is necessary to provide content that appeals to them. For example, for young people, we can use advertising, film and television dramas, variety shows, short videos, online games, etc. to conduct lively and interesting international communication, and cultivate new forces that identify with human rights in China. 

 

 

China should set the agenda, voice views through multiple channels, proactively host some theme activities, and invite print-disabled persons from around the world, and seize the initiative. When a hot issue of concern arises, we should respond in a timely, open and honest manner, and shape the image of China as a big country that is responsible and sagacious. Moreover, we should leverage important international forums, foreign mainstream media, and other channels to voice our views, shape mainstream public opinion, and develop a fixed audience. At the same time, to evaluate the effects of communication, we can hire relevant institutions to continuously analyze the content of international communication or conduct audience surveys to learn about the impact of international communication on different groups, value the opinions of minorities and modify communication strategies in a timely manner. 

 

 

The key to boosting the capacity for the international dissemination of the rule of law lies in high-quality personnel. At present, China faces a serious shortage of talents for conducting international communication on the rule of law. It is necessary to cultivate interdisciplinary talents who are knowledgeable about human rights, law, and international communication at journalism schools, law schools, and foreign language schools, and strengthen their political literacy, international vision, professional competence, and empathy,⁵² innovate training mechanisms, and carry out training with international organizations and multinationals. In addition to specialized personnel, it is also necessary to produce international communication-related teaching materials, courses, and publicity videos for leading officials, the public, minors, etc., so as to raise public awareness and ability in international communication. 

 

 

The Marrakesh Treaty is an important rule of law outcome for China to safeguard the human rights of persons with disabilities, put the people first, and promote the development of the world intellectual property undertaking in the new era. It is an excellent material for publicizing the protection of human rights in China. It is necessary to formulate international communication strategies and concrete measures that accord with the laws of communication and have Chinese characteristics, and to guide state organs, international organizations, industry associations, print-disabled persons, media, public figures, scholars, etc. to participate in international communication in an orderly manner. It is expected that through the effective international dissemination of the Marrakesh Treaty, China gains experience in the international dissemination of the rule of law, tell true stories about human rights in China, present a real and comprehensive view of China to the international community, shape a good national image, and provide a Chinese solution to promoting the building of a community with a shared future for human beings. 

 

(Translated by NI Weisi) 

 

* ZHENG Ning ( 郑宁 ), Associate Professor, Department of Law, School of Cultural Industries Management, Communication University of China. Doctor of Laws.

 

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