Author: Gao Yandong
"Guangming Daily" (page 07 on February 22, 2022)
【Experts Thinking】
Recently, cyber bullying remarks have aroused social concern.
The online social platform implements anonymized (pseudonym) expression, which is like wearing a mask, there is no longer group pressure in the real space, and it is easier to express radical and aggressive expressions.
In order to gain attention, some netizens use a lot of insulting language, and even rise to the level of ethnicity and country at every turn.
There is a need to comprehensively address cyberbullying speeches, but over the years, various countermeasures have had limited success, mainly due to insufficient coercive power.
As Internet supervision enters the deep-water area, my country's legal norms for social platforms lag significantly.
At present, not only the online violence against individuals is seriously harmful, but also some regional, racial, and occupational discriminatory remarks, as well as remarks that promote violence and superstition, are also increasingly common.
Therefore, it is necessary to strengthen legislation and use rigid means to promote the normative governance of cyberspace.
my country should promptly introduce relevant social networking laws, and adhere to the governance idea of "speech has boundaries, platforms have obligations, and individuals have responsibilities" to prevent cyberspace from becoming a big dye vat for illegal speech.
First, in terms of value orientation, future legislation should establish the concept of "Internet speech has boundaries".
Freedom of speech is a fundamental principle of cyberspace, but the exercise of rights cannot harm the interests of others and society.
Many countries have their own founding ideas, and freedom of speech is not allowed to challenge the basic values of the country.
For example, "public praise, denial, and glorification of Nazi crimes" are "crimes of incitement" under the German Penal Code; similarly, the public use of unconstitutional symbols, emblems, uniforms, slogans, and forms of greeting (such as the Nazi salute) is a criminal act.
In most countries, propaganda of militarism, extremism and terrorism is illegal or even criminal.
While affirming the principle of freedom of speech, my country's future online social law should also maintain order in cyberspace and set a red line for netizens' speech.
Second, in terms of governance model, future legislation should establish the idea of "sinking governance rights", and the platform should assume the main governance responsibility.
The regulation of online platforms is a worldwide problem. Developed countries generally hand over the governance of speech on social platforms to the platforms, which is also in line with the basic legal principle that "the problem maker is the problem solver".
For example, in order to rectify "hateful, inflammatory speech and fake news content" on the Internet, in January 2018, Germany issued the "Internet Enforcement Law", requiring social network platforms to perform strict governance obligations and increasing the platform's governance responsibilities .
The law requires social platforms to use detailed online reporting forms; obviously illegal speech must be removed within 24 hours of being reported; controversial speech must be dealt with within 7 days of reporting; quarterly reports on the governance of illegal speech must be submitted, among others.
At the same time, in order to urge social platforms to fulfill their governance obligations, a fine of up to 50 million euros can be imposed on platforms that violate the law.
The same is true in my country. Social platforms have more governance techniques, such as discovering online violence remarks and their homophonic variants through big data analysis, and there are more governance methods, such as closing private messages, blocking or reporting online violence remarks. account.
Facts have also proved that platform governance is more efficient.
If 1,000 accounts are investigated and punished by administrative law enforcement forces, it will cost a lot of manpower and material resources and waste public resources.
Therefore, in the future, a two-tier supervision model should be established in which "the platform manages users and the government manages the platform".
Third, in terms of responsibility orientation, future legislation should strengthen the traceability and governance of online bullying speakers.
The main reason for the increasing number of online violent speeches is that the cost of breaking the law is zero.
Many keyboard warriors attack others wantonly based on the fluke concept of "the law does not blame the public".
In practice, there have been many cases of others committing suicide due to online violent speeches. For example, in October 2021, the Internet celebrity blogger "Luo Xiaomaozi" who suffered from depression committed suicide in a live broadcast, and here During the process, some netizens left comments on the screen to encourage her to commit suicide.
In similar cases, cyberbullying speeches played a significant role in promoting harmful consequences, but there were very few cases of accountability.
After similar incidents, cyberspace has gradually formed the terrifying concept of "Internet violence kills without responsibility".
Future legislation must strengthen the accountability system for online violent speeches, and it is recommended to classify and deal with online violent speeches.
A few cases with serious circumstances should be dealt with as the crime of insult and defamation, and considering the difficulty of obtaining evidence in cyberspace, it should not be dealt with as a private prosecution case, but should be referred to the model of the "Hangzhou Woman Picking Express Courier Defamation Case", and the public security organs should investigate and collect evidence.
Of course, most online bullies do not constitute crimes and should bear other legal responsibilities.
Social platforms should adopt a "banned account" system, suspend their right to speak (private information) within a certain period of time, or directly block their accounts. This is also the governance experience of developed countries.
Future legislation should establish an integrity blacklist system. In order to prevent the phenomenon of platform transfer, my country should establish a blacklist system across social platforms. After one platform bans online tyrants and bans them, other platforms should also take synchronous measures.
Of course, legislation should also establish a correction and appeal mechanism to allow those banned from speech to complain to the regulatory authorities for fair treatment, and at the same time establish a system for revocation of bans and bans, allowing the banned to reapply for the right to use accounts under supervision after a certain period of time, and then Form a guiding mechanism for good behavior.
Cyberspace is not a place outside the law, and establishing rules and regulations is the top priority.
With the comprehensive development of the Internet era, traditional management measures are gradually lagging behind.
Behind the phenomenon of cyber violence is the conflict between the old system and new problems.
In order to control cyberbullying speech, we need to proceed from the perspective of increasing hate, extremism, violence and other speeches in cyberspace, and promptly introduce legislation to strengthen the responsibilities of all parties.
Only with the blessing of the law can a law-based, rules-based, and orderly cyberspace order be established, and the Internet truly become a tool for the benefit of the people.
(Author: Gao Yandong, Deputy Dean of the Institute of Digital Rule of Law, Zhejiang University)