}
SECRET
50 In my opinion the current situation here is such as to demand action now against the Press. Unless it is taken we shall not make any significant further progress towards a return to the status quo and stability, which otherwise now seems a possibility. If this is accepted the questions resolve themselves into two
(1)
whether to act against the leading Communist papers or the independently owned papers;
and
(2) whether to act under the existing law or under
special emergency regulations.
6. With regard to (1) above, we consider that the first move should be made against selected independent papers. This should reduce the chances of a Peking reaction and might curb the activities of the leading papers. (If it failed in the latter, it might well be necessary to move against them too.)
7. With regard to (2) above, the issues are nicely balanced. Emergency regulations would permit the swift and effective closure of any newspapers selected, without necessarily any court proceedings, for such period as might be felt desirable. Against this, in the present period of lull and after so long a period of inaction against the excesses of the Press, fresh emergency legislation, in its nature threatening all newspapers equally, might be regarded as an undue escalation and provocation to Peking. The existing law, on the other hand, would be slower and less certain and court proceedings will provide a propaganda platform amplified by reporting in non- Communist papers. There is, however, plenty of promising material for successful prosecutions for criminal libel, attempts to cause disaffection, and publication of false reports without embarking on sedition trials. On balance, I propose that we should proceed, initially at least, with several simultaneous prosecutions under the existing law.
8. I should be grateful for your very early approval. Time is now of the essence.
90
Action proposed in paragraph 4 of my telegram No.1058 has,
incidentally, been deferred at Mr. Li's request while the whole question of action against the Press is re-examined. The civil action referred to in paragraph 5 is going ahead but has not yet reached the court.
(Passed to L.T.C. for repetition to Peking and
Singapore and to D.S.A.0. as advance copies for Commonwealth Secretary, Far Eastern Dept. 8 Foreign Office and C.0. News Dept.)
SECRET
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