Topic | what can the law do to govern Internet violence?
Liu Xuezhou, a 15-year-old boy seeking love, committed suicide on Jan 24. In his last weibo post, he tearfully complained about the huge impact of online violence on him.With the rapid development of information network, cyber violence incidents have occurred one after another. It is one of the important issues facing the information age to seek the governance scheme for cyber violence.The first task of the SPECIAL campaign of “Qinglang · Improving the Internet Environment during the 2022 Spring Festival” of the CYBERSPACE Administration of the CPC Central Committee is to focus on combating online violence and spreading rumors, and effectively safeguard the interests of netizens.The attention caused by the case has repeatedly reminded people that it is necessary to improve the consensus of the whole society to put an end to network violence, and it is more necessary to use legal means to restrain it.At present, our country there is no specific violence against network special law, the provisions of the violence against network referring to “civil code” criminal law “public security management punishment law” network security law of the Supreme People’s Court on the use of information network infringement personal rights and interests of civil disputes provisions on some issues of applicable law, and other legal norms.What more can the law do to combat cyber violence?And how to promote the social governance of online violence?The topic of this issue is selected from some experts’ opinions in related news reports such as “Rule of Law Daily”, “Caijing” magazine and “Rule of Law website” to convey more information.Xue Jun, Vice dean and professor of Peking University Law School: In this case, liu Xuezhou has passed away, so there is no remedy from the perspective of civil damages.However, if some netizens have insulting and defamatory behaviors, they can be investigated for criminal responsibility.Some platforms fail to take necessary preventive measures against the infringement, and should also bear some responsibilities. For example, platforms that should implement real-name registration have the obligation to provide the speech and information of some netizens suspected of infringement.Jiang Tao, Deputy dean and professor of Law School, Nanjing Normal University: We should consider adopting specialized and systematic centralized legislation to deal with cyber violence, and formulate a unified anti-cyber violence law to realize effective connection between civil liability, administrative liability and criminal liability.This anti-cyber violence special legislation should make specific and clear provisions on the prevention and punishment of cyber violence.It should include: to establish the types and judgment standards of online violence, and to clarify the content and form of online violence;Define the boundary between criminal law and civil law, economic law and other laws;Standardize the form, procedure and scope of application of anti-network violence power grant.Li Huaisheng, director of the Institute of Cyber Law, China University of Political Science and Law, said platforms should monitor and deal with extreme comments, insults and attacks online in a timely manner. If some information is suspected of being criminal, they should save relevant clues and report to relevant state authorities.It is suggested that on the basis of sorting out typical manifestations and cases of cyber violence, judicial interpretation specifically for cyber violence should be issued to clarify the application of each charge.Zheng Ning, director of the Law Department of The School of Cultural Industry Management, Communication University of China: In terms of the disposal stage of cyber violence, first, administrative law enforcement should be strengthened, effective control of network enterprises should be strengthened, regulatory responsibilities of network enterprises should be clarified, market chaos should be remedied, and online credit investigation system should be established.Second, we should make reasonable use of civil legal means to strengthen the protection of the rights of victims, so that the civil liability for compensation is implemented;Third, the application of criminal laws and measures should be standardized, so that cyber violence is subject to due criminal punishment, and human rights should also be protected. The threshold of application of criminal laws should not be artificially lowered.Hu Gang, Deputy secretary General of the Rule of Law Committee of the Internet Society of China: First, we will revise the Law on Punishments for Public Security Administration to make up for omissions and achieve effective convergence with the Civil Code, Criminal Law, Law on the Protection of Minors, Law on the Protection of Personal Information and other laws.Second, the revision of the Internet Information Service Management Measures, focusing on consolidating the responsibility of the platform.Third, the network platform is embedded with the emergency rescue module of “Net 110” and the netizen service module of “Net 12345”, which can carry out real-time whole-course inspection and timely accept and deal with online illegal and consumption infringement disputes and other matters.Fourth, establish an independent, public interest, fair and open mechanism to identify online content, mediate disputes and deal with violations, unify the scale of platforms, avoid conflicts of interest, and improve the governance of the Internet ecosystem.Fifth, we need to further educate netizens about civility, raise the public’s awareness of the rule of law and morality, practice the core socialist values of sincerity and friendship, strengthen the construction of Internet civilization, and ensure that the world is peaceful by law and people’s hearts are nourished by virtue.Editor: Kang Qi Xian Lu Jiaqi let weekly accompany you around