/kloc-February 0/5/kloc-February 2, 2005, Fan, a gay documentary director, sent an application letter to the State Administration of Radio, Film and Television for information disclosure because his work "Rainbow Follow My Heart" was deleted by major websites, asking why it was deleted.
Fan graduated from the Film Department of Beijing Film Academy in 2007. He has written a stage play for the first Beijing Gay Culture Festival and hosted a youth forum.
Rainbow Follow My Heart is a gay documentary created by Fan in 20 12, which tells the story of how six mothers from Beijing, Shanghai, Xiamen, Fujian, Guangzhou and South finally accepted their children's sexual orientation. In the public poster, a young mother walks forward with her young child in her arms, holding a rainbow flag (a symbol of LGBT group movement) in one hand. 20 14 12, this documentary was completely removed from the video website.
The State Administration of Radio, Film and Television replied on March 2 this year: "After verification, the situation that you reflected that the document issued by our bureau requested to delete and block the documentary" Rainbow with My Heart "does not exist." However, this statement given by radio and television is inconsistent with the previous statement that the video website replied to fans that "the relevant documents of the State Administration of Radio, Film and Television were deleted".
Nine months after the documentary was deleted, on September 8, 20 15, Fan entrusted an attorney to submit litigation materials to No.1 Intermediate People's Court and made four requests to the court: to confirm that the defendant's defense was illegal; Withdraw the respondent's reply; Require the defendant to make a new reply and disclose relevant government information to the plaintiff; The defendant bears the legal expenses. The court officially put the case on file on September 14, 2065438.
After getting the verdict, Fan said on social media that it is not accurate to simply say that he won the case. In the words of lawyers, it is "winning half". The court ruled that the State Administration of Press, Publication, Radio, Film and Television was illegal because the subject of the reply was wrong, and the actual reply was stamped with the official seal of the General Office of the General Administration. The court affirmed the rationality of the specific reply of the General Administration. In other words, the court recognized that the General Administration had no relevant documents to block my video.
Fan Ceng said in an interview with the portal website that he was surprised to be able to file a case, no matter whether the result is win or lose, it will bring substantial significance. He believes that the high-profile fight for the rights of this minority group is because this group has not received corresponding understanding and respect. He said, "This is the right that we should have been deprived of. We want to win it back, not to get privileges. "
In China, the topic of homosexuality has always been in a gray area. There is no law that clearly defines discrimination based on sexual orientation and gender identity, but there is no law that explicitly opposes discrimination based on sexual orientation. Every court case will be regarded as a victory of the rights movement by this group. 20 14, 12 China's "homosexual correction" case was pronounced, and Haidian Court ruled that Chongqing "Xinlianxiang Psychological Counseling Center" apologized to the plaintiff and compensated mental damage compensation for 3500 yuan. This victory was even called by foreign media as "a rare success of the newly emerging movement for defending gay rights in China".
The process of fighting for rights is still full of ups and downs. 2065438+August 2005, Qiu Bai, a girl from Sun Yat-sen University, sued the Ministry of Education for administrative inaction because of homophobia. This incident caused an uproar, and Qiu Bai also fell into a storm of public opinion. A month later, Fan also handed in his report card. "I don't mind losing." He said, "This case is as important as miles."