The case involving Qiu Yan, who recently took third place in the World Press Photo (WPP) contest, began Monday in Wuhan, Hubei Province.

Qiu, a photographer with the Wuhan Evening News, is accused of staging the photo, "Bridal Couple Crossing the Street." The WPP contest, held in the Dutch capital of Amsterdam, is considered one of the most prestigious photojournalism competitions in the world.

The plaintiff, Chen Ying, the apparent groom in the photo, is unmarried. He complains that he was not in a relationship with the girl in the photo, and that Qiu's claim that it a record of an actual event has ruined his relationship with the girl he was going out with at the time. He said Qiu Yan and the Wuhan Evening News have maligned his reputation and he demands 150,000 yuan (US$18,122) in compensation.

It's the first time the WPP has been involved in a lawsuit since its inception in 1957. Chinese photographers have been recognized by the WPP since 1959 and ten have won prizes, with three taking the top prize.

First, the good news . . .

On February 13, 2004, the sina.com website reported that two Chinese photographers had picked up WPP awards.

Freelance photographer Lu Guang's "AIDS Village, Henan Province" earned him the top prize in the Contemporary Issues--Stories category. Qiu Yan took third place in the Daily Life category.

On February 14, the Wuhan Evening News carried the story on its front page and published Qiu's photo again.

It was Qiu's first win in the WPP contest, after being in the running on four previous occasions. However, trouble soon followed.

. . . then the bad

On March 23, Chen called his hometown's Wenzhou City News and claimed that the photo was a fake. Chen said the whole thing had been staged.

Chen testified in court that on May 5, 2003, Qiu came to the Sese Wedding Dress Photo Shop to ask for models to help shoot photos. Qiu picked Chen and a girl to act as the bride and groom.

"I've been in Wuhan for two years, and I am a model for Sese. You can tell from the picture that it was taken just outside our shop. The young girl who was holding the wedding dress was also picked from our photo shop," said Chen.

Chen recited the photo's caption: "On May 5, a couple cross Yangzi Road to have their wedding photo taken. Love and marriage still go on during the SARS outbreak."

The Wuhan Evening News published the photo on May 7, 2003, and reprinted it on Valentine's Day after the WPP awards. Chen said that the photo caused his breakup with his girlfriend, so he filed a lawsuit against Qiu and the Wuhan Evening News on March 25.

Outside the courtroom, Chen described the scene. "When shooting, we left the shop and walked across the road. Qiu stood opposite and took the photo."

"I am under great pressure now. The photo shop had promised to testify, but then they changed their minds," said Chen.

Teenage bride

In court, Chen showed the written witness statement provided by the "bride" and a copy of her ID card. According to the identification, she was born in July 1986, which means that she wasn't yet 17 years old when the photo was taken. In China, women under the age of 20 are not legally permitted to marry.

In her written statement, the "bride" said she was good friends with Chen, but denied they were lovers. "One day in May 2003, I was introduced by a model in our shop to Qiu Yan, who was seeking wedding models for his photo series on the theme of love stories during SARS. He picked Chen and me out of four models." She also said that they took about 40 photos on May 5 under Qiu's direction. She recalled Qiu pointing to the photo that later won the prize and saying, "This one would be perfect if the old man in the photo moved a little forward and give a little space for the girl who is holding the wedding dress."

An employee of the Sese Wedding Dress Photo Shop admitted in a telephone conversation with Beijing Today that Chen had worked in the shop and was not in love with the "bride."

"We are not going to get involved in this case. But because of the lawsuit, our photo shop has had a rising number of customers," said the staff member.

Qiu absent from the court

Qiu, who has won the China News Prize award and Ten Excellent Youth Photographers prize in China, did not appear in court. Instead, the chief of the Wuhan Evening News legal section took the defendant's stand.

He denied that the shot had been staged. When asked how Qiu confirmed the identities of the bride and groom in the photo, he answered: "Qiu did ask them whether they were lovers, but considering it was the SARS time, he did not have much conversation with them."

The defendant produced various witnesses from the photo shop to provide evidence that the two were in love at that time.

Qiu also denies the accusations, and claims that Chen and his family found him after he won the WPP prize and asked for 100,000 yuan as a reward. Qiu refused.

Chen admits that his father did ask for compensation, since the photo had broken up Chen's relationship with his girlfriend. Qiu was willing to offer 20,000 yuan (US$2,416), but the family did not accept that offer.

"There has been a fierce debate on staged photos in Chinese photography. Many of the photos considered by the WPP are created through design and planning. The final effect is the only criteria for judging a photograph," said Wang Wenlan, Chief of the China Daily photography department and vice chairman of the Chinese Photographers Association.

However, Li Shuanglong, dean of the Department of Journalism and Communication of Fudan University, said that whatever the situation is, journalists and photographers are responsible for the truth.

"Photographers should have their ethics. Not intervening in the situation being shot is a cardinal rule for a photojournalist," said Li.

(Beijing Today April 15, 2004)