Areas to Focus to Establish a Branch in China Successfully

Opening a New Branch in China
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Opening a New Branch in China
China has a different business environment from the U.S. Matter, a public relations company has established a brand in the U.S. While the company is successful in the U.S, opening a new branch in China will mean that it has to make changes to the way it operates. What has worked for Matter in the U.S. may not necessarily work in China. The company needs to understand the differences that exist between the two countries. This essay provides recommendation to Matter to allow it to establish a branch in China successfully.
Defamation
China and the U.S. have different laws when it comes to defamation. In the U.S., federal defamation law is closely tied to the First Amendment (Ruane, 2014). As a result, federal defamation laws are more defendant-friendly. An opinion is not considered to be defamation in America. However, false statements of fact that harm the reputation of a plaintiff are not protected under Constitutional Free Speech provisions. For plaintiffs to win a lawsuit in defamation, they must prove that the defendant published or broadcasted an unprivileged, false statement of fact, the publishing or broadcasting caused material harm, and that the defendant acted negligently or with actual malice. When the plaintiff is a public figure, the standard of actual malice should be met.
In China, however, the government takes defamation seriously. Unlike in the U.S., individuals found guilty of defamation can be locked behind bars for a long time. Articles 87 and 246 of the Criminal law criminalizes defamation (International Labor Organization, 2019). Truth is not a defense and defamation applies even when someone is dead. While defamation is generally treated as a civil matter, it can become a criminal offense if it is deemed to be a severe threat to the public order or national interest. As a result, the penalty for defamation is heavy where offenders can be imprisoned, deprived of their political rights, detained, and subjected to public surveillance. In essence, Matter public relations agency should be careful when publishing anything to avoid any possible defamation.
Copyright
While both China and the U.S. have copyright laws, China is less strict in the enforcement of copyright than the U.S. A report by the International Intellectual Property Alliance indicated that 90% if the DVDs distributed in China are unauthorized copies (Beam, 2009). The Chinese Government has made efforts towards improving the intellectual property rights environment. However, reducing copyright infringement in China has not been achieved throughout the country. Enforcement remains mostly ineffective and non-deterrent (Rosen, 2014). Another significant difference is that unlike the U.S., China does not criminalize the infringement of copyright done without the intent of making a profit. For instance, buying copyrighted material in China and distributing to friends without any monetary gain is allowed. In the U.S. however, courts may impose penalties on copyright infringers who act without the intent of making a profit out of it.
The rampant infringement of copyright in China is largely due to cultural factors. Chinese people do not believe that copyright is wrong. For instance, for artists, having someone copy their work is the greatest achievement (Infosec Institute, 2012). Additionally, the Chinese regard litigation as bad conduct which explains the weak deterrence of copyright infringements. Implementing anti-piracy laws across the vast territory is problematic. Hence, Matter should be aware of the weak enforcement of copyright in China. The copyright protection the company enjoys in the U.S.is not automatic in China.
Press freedom
Journalists in the U.S. have more freedom to express their opinion compared to those in China. Freedom of the press denotes the right to circulate opinions without censorship by the government. In the U.S., the First Amendment to the Constitution allows individuals to enjoy the freedom of the press. It forbids Congress from making any law that abridges the freedom of speech or the press (Ruane, 2014). The freedom of the media has been deteriorating globally, with the concerted efforts by populist leaders to control the media. While this is the case, the press in the U.S. continues to enjoy more freedom compared to that in China. Although China’s Constitution provides the citizens with the freedom of speech and press, the Chinese media regulations allow the relevant authorities to control media houses (Ide & Huang, 2019). The Chinese Government has the authority to crack down on news stories it deems to expose state secrets and endanger the country. Because of the vague definition of “state secrets,” the government is in a position to censor information considered harmful. Under the rule of Chinese leader Xi Jinping, press freedom has diminished. In February 2016, Xi announced the implementation of a new media policy directed to party and state news. The policy indicated that the party’s media should reflect the will of the party, protect the party’s authority and enhance the unity of the party (Associated Press, 2016). With the limited press freedom, Matter should be careful what they communicate in their branch in China
In China, Matter should be aware that the use of Internet Sites is restricted. In recent years, the Chinese authorities have stepped up the use of technology. News sites like the BBC, The New York Times, and Bloomberg among others are among thousands of Internet sites restricted in China. Similarly, Social media platforms like Twitter, Facebook, Gmail, Instagram and Pinterest among others are not allowed in China (Xu & Albert, 2017). As Matter public relations agency seeks to set up operations in China, they should know that most of the Western social media platforms are banned in China. Alternatively, the Chinese use Weibo, WeChat, and Youku among other Chinese social media platforms (Liu, 2017). With China as the largest social media market, it has a diverse online landscape. Hence, Matter should shift to the use of social media platforms allowed in China. The company should ensure its presence in these platforms to increase its brand awareness.
Building relations with the press
Stablishing a prominent brand in another country is never an easy task. It takes a company to undertake extensive public relations and marketing. When entering China, an effective strategy involving public relations is critical (Yue, 2016). Public relations encompasses shaping a positive brand image, hence influencing the ways clients view a particular brand. Understanding how the Chinese media apparatus functions and how to use it to the advantage of the business is necessary for success in China. The Chinese media landscape is unusual with more than 2,200 newspapers and 3,000 TV stations (Dantz, 2015). All these media houses offer opportunities to Matter. The best approach to establishing relations with the media outlets is contacting the relevant individuals like senior editors. Such individuals are influential and can determine how the public views a company. Matter needs to engage with some of the senior media personalities and have one-on-one meetings with them. These individuals are only interested in real story angles. The company should ensure that it stands for what it says. Preferential treatment is expe...