The issue of cyber violence has become a hot topic, and many representatives have discussed how to
govern
Recently, cases of cyber violence have aroused social concern.
From the case of a woman who was derailed from a delivery service in Hangzhou, to the tragedy of suicide by drinking pesticides in the live broadcast of the Internet celebrity "Luo Xiaomaozi", to the recent incident of Liu Xuezhou, a boy who was looking for his relatives, the phenomenon of "key-press hurting people" is unavoidable.
A reporter from the Beijing Youth Daily noted that at the National People's Congress, several deputies to the National People's Congress submitted their suggestions on the issue of cyber violence.
law
Deputy to the National People's Congress and Deputy Secretary of the Jiangsu Provincial Committee of the Communist Youth League (and) Luman:
Proposed special legislation against cyber violence
Lu Man, deputy to the National People's Congress and deputy secretary of the Jiangsu Provincial Committee of the Communist Youth League (and), believes that cyber violence is essentially a tort, covering a variety of illegal activities, including online defamation, "human flesh search", and online harassment.
Luman said that with the development of Internet technology and the rise of various social platforms, the problem of cyber violence has become more and more prominent, and the consequences of "cyber violence" have become more and more serious.
victim
Difficult to avoid "Internet violence"
Beiqing Daily: What factors lead to the intensification of "Internet violence"?
Luman: The network environment is inherently open, virtual, and anonymous. The update of digital technology has brought the cost of cyber violence closer to zero.
This means that the vast majority of people can carry out cyber brute force against another person from a mobile device at zero cost from an operational level.
The low cost of breaking the law and the high cost of defending rights have inspired the "evil" side of the perpetrators.
Furthermore, cyberbullying can be carried out in a non-adversarial manner.
This means that after the abuser commits violence on the Internet, he will not receive an equal response from the party or other netizens.
This objectively creates a power imbalance between the perpetrator and the victim.
Beiqing Daily: Compared with offline violence and insults, what is special about the damage caused by "Internet violence"?
Luhmann: In cyberbullying, victims often cannot escape the abuse and harassment they experience.
Unlike encountering violence in real life, as long as the means of communication are not isolated, the violence suffered by the victim can be endless.
In modern life, it is obviously unrealistic to eliminate communication tools.
To a large extent, it is difficult for victims of "Internet violence" to actively avoid and avoid "Internet violence".
In addition, due to the openness of the Internet to third parties, this damage is objectively magnified.
Beiqing Daily: What are the specific injuries of "Internet violence"?
Luman: According to the degree of victimization, I have summarized some types of victims of "Internet violence": pain, fear, mood swings; sensitive, irritable, unable to deal with social relationships; social isolation, self-denial; degeneration, active Abandoning studies and careers; drug abuse, self-destruction and even suicide.
Can target "Internet violence"
special legislation
Beiqing Daily: Do you have any suggestions for the issue of "Internet violence"?
Luman: The dissemination of online information is inseparable from the platform, so we should start by regulating the network platform.
Through artificial intelligence, big data and other technical means, it can identify pictures, texts, and voice information, and filter out obvious infringement and "Internet violence" information.
In addition, platforms should design effective complaint channels for victims.
For identified perpetrators, the platform should have punishment measures or feedback channels to relevant authorities.
It is true that we have noticed that relevant mechanisms have been set up in many social software and game platforms, but I believe that the censorship responsibility for platforms to prevent and punish "Internet violence" still needs to be clearly defined in the law.
In addition, it is recommended to carry out special legislation for "Internet violence", so that there is a law to punish the perpetrators.
Finally, for the victims of "Internet violence", especially the mentally immature teenagers, establish and improve special psychological counseling and relief mechanisms.
Beiqing Daily: There have been cases of "Internet violence" in the past, why do you need special legislation?
Luman: At present, there is no special law against cyber violence in my country, and the provisions for cyber violence are scattered in the Civil Code, Criminal Law, Public Security Administration Punishment Law, Cyber Security Law, and the Supreme People’s Court’s Applicable to the Trial of Civil Disputes in the Use of Information Networks to Infringe Personal Rights and Interests. Provisions on Several Issues of Law” and other legal norms.
Objectively, this poses a constraint to punishing the perpetrators in the network, and we should consider summarizing and specializing legislation.
While clarifying and clarifying the civil responsibilities, public security penalties and criminal responsibilities of illegal acts of cyber violence, it also helps to improve the legal awareness and rights protection concepts of the whole society against cyber violence.
recommended in specific cases
indictable offense
Beiqing Daily: What are the penalties for "Internet violence" in existing laws and regulations?
Luman: Generally speaking, I think the punishment stated in the existing laws and regulations is relatively light.
At present, the maximum penalty for insult and defamation in the criminal law is three years in prison.
In addition, the crime of insult and defamation is a case of "notice to deal with", that is, the victim needs to file a criminal private prosecution (except for those that seriously endanger social order and national interests).
This means that criminal cases most closely related to cyber violence generally require the parties to file a criminal private prosecution by themselves. Even if the defendant is finally convicted, the sentence will generally not exceed three years.
In the face of intensifying cyber violence, it is difficult to meet the people's expectations for fairness and justice and the practical needs of combating cyber violent crimes.
Therefore, it is suggested to increase the sentencing grade of "especially serious circumstances" in the crime of insult and defamation, and configure the upgraded sentence of "fixed-term imprisonment of not less than three years but not more than seven years" to reflect the deterrent power of criminal law.
In addition, it may be considered to amend the provisions of the Criminal Law that the crime of libel is a crime of private prosecution, and make the crime of libel a crime of public prosecution under certain circumstances.
For example, when the private prosecutor agrees or it is difficult for the private prosecutor to obtain evidence, the public security organ shall exercise the right to investigate the crime of defamation, and the procuratorial organ shall initiate a public prosecution in the court.
Text/Reporter Li Yan
Zhang Xiaoqing, deputy to the National People's Congress and deputy director of the Trade Union Office of Sunward Intelligent Equipment Co., Ltd.:
Solving the problem of cyberbullying requires a process
As early as 2017 during the National People's Congress and the National People's Congress, Zhang Xiaoqing, deputy to the National People's Congress and deputy director of the Trade Union Office of Sunward Intelligent Equipment Co., Ltd., put forward a proposal to implement the online real-name system as soon as possible, introduce corresponding laws and regulations, and further improve the laws and regulations to protect citizens' privacy information.
She believes that although the problem of cyber violence has improved in recent years, it still exists, and proposes legislation against "cyber violence".
At the same time, investigate and publish the truth of hot issues as soon as possible, guide and educate netizens to improve their legal and moral awareness, and take multiple measures to reduce "cyber violence".
Low cost of "Internet violence"
blame
Beiqing Daily: Have you been paying attention to the issue of cyber violence?
Zhang Xiaoqing: I have been paying attention.
In recent years, network management has become more and more standardized in terms of system, technology and theory.
For example, the real-name system, now some online registrations need to fill in the ID card and other information for real-name authentication. Although it is a virtual account, it corresponds to a real person. The platform can quickly lock the speaker. It can also deal with people, which can form a kind of shock and deterrence.
In addition, I also realize that after real-name authentication, I will definitely be more responsible for speaking.
There are also some websites that do not require real-name authentication, such as some private accounts, and they will speak without any scruples.
However, with the rapid development of network technology, the expansion and extension of information dissemination is very rapid, and new forms of network products are emerging one after another, such as short videos, live broadcasts, etc.
The network society is different from the real society. It has the characteristics of virtuality, transcendence of regions, concealment, etc. The cost of cyber violence is low, accountability and damage are high. These factors lead to the problem of "cyber violence" still exists.
When I wrote my proposal at the time, I also mentioned that solving the problem of online violence requires a process.
twist the truth
Also belongs to "Internet violence"
Beiqing Daily: Cyber violence sometimes leads to some tragedies. Have you paid attention to related events?
Zhang Xiaoqing: I have noticed relevant reports, and I feel that the issue of cyber violence needs to be regulated and a solution needs to be found, so that such a tragedy cannot be repeated.
Beiqing Daily: Violence in life may be well identified. How to define cyber violence?
Zhang Xiaoqing: This aspect should be discussed by professionals, such as legal practitioners, to determine appropriate standards.
I personally think that, for example, personal attacks, or distorting the facts to cause harm to the parties, it is recommended to be included in the category of cyber violence.
It is recommended that the truth of hot events be announced as soon as possible
Beiqing Daily: Do you have any suggestions for solving the "Internet violence" problem?
Zhang Xiaoqing: I suggest classifying policies from multiple levels.
First of all, in terms of legislation, we can consider formulating relevant laws and regulations against cyber violence and establishing rules for online speech.
Some cyberbullying is caused by the fact that the truth is "late".
To solve this problem, the relevant departments and network platforms need to work together.
On the one hand, government departments need to take responsibility and take the initiative to investigate and clarify the truth of some hot events and announce them to the public as soon as possible.
The faster the action and the higher the transparency, the truth will be told to everyone as soon as possible, and a positive interaction with the public will be formed, and suspicions and irresponsible speeches will be reduced.
Network platforms should also be more responsible, such as following up on some hot events in a timely manner.
Strengthen management, deal with messages and accounts that obviously distort the facts or "rhythm", squeeze the space for partiality, and make the speaker realize that nonsense is responsible for it.
With a multi-pronged approach, people who follow the trend of "Internet violence" without knowing the truth will have less room to play, and the "Internet violence" caused by such reasons will also be reduced.
Society should also educate and guide from the moral level.
The society should strengthen publicity and education, advocate everyone to improve their quality, and be a civilized person in real life, and also be a civilized person on the Internet.
Beiqing Daily: What price should the speakers of cyber violence bear?
Zhang Xiaoqing: I think the aforementioned measures are aimed at reducing the phenomenon of cyber violence and preventing the expansion of cyber violence.
It is necessary to look at the problem objectively and rationally. If cyber violence involves personal attacks, it can be dealt with in accordance with the relevant rules of the online platform; if it is suspected of defamation, or threatens the personal safety of others, and violates relevant laws, it can be dealt with in accordance with laws and regulations. Misunderstandings caused by biased beliefs should be realistic and should not be convicted of a crime. These should be regulated from the legal level.
Text/Reporter Li Zewei
Morality
Han Deyun, deputy to the National People's Congress and executive partner of the Chongqing Office of Zhonglian Law Firm:
The intersection of different viewpoints
to the extent permitted by law
How to define cyber violence from a legal perspective?
Can it be solved entirely by legislation?
In this regard, Han Deyun, deputy to the National People's Congress and executive partner of the Chongqing Office of Zhonglian Law Firm, shared his views.
Current laws against cyberbullying
less severe punishment
Beiqing Daily: At present, how is cyber violence defined?
Han Deyun: Cyber violence is a popular term, which usually refers to the behavior of people using abnormal, insulting language that may involve personal injury on the Internet to attack others.
Behind all cyber violence incidents are individuals with different values, different life experiences, and different aspects, expressing different views on the same thing.
If these different views are expressed beyond the peaceful limits of normal discussion and expressing opinions, and if they use impolite, even insulting and offensive words, they will rise to "violent" behavior.
Cyberbullying is not strictly a legal term.
Legally speaking, cyber violence is nothing but a group of swearing behaviors that concentrates a bunch of ugly, vulgar, and dirty words. The victim is infringed on his own personality rights, which involves the "protection of personality rights" clause of the Civil Code.
In real life, the consequences of cyber violence to many people may be very serious, such as Liu Xuezhou, who committed suicide because he could not bear the "Internet violence".
However, the legal punishment for "Internet violence" is actually relatively light.
Within the scope of the Civil Code, it generally constitutes a personal right infringement event with personal humiliation as the main content, and the law will require the infringer to mainly bear civil liability - nothing more than an apology, elimination of adverse effects, and sometimes economic compensation. Liability for compensation basically does not involve criminal responsibility.
Therefore, it is rarely seen because whoever scolds who constitutes a "crime".
Only in certain circumstances, such as insulting expressions of heroes and martyrs, may constitute a crime.
Reduce the phenomenon of "Internet violence"
More to be morally regulated and guided
Beiqing Daily: What do you think of the proposal to "prosecute or specialize legislation on cyber violence incidents"?
Han Deyun: This is not a problem that legal legislation can completely solve.
The existing laws themselves have provisions, such as the Constitution, especially the Civil Code, which all have provisions and are clearly defined.
There is not much difference between a person or a group of people scolding online and offline.
However, online scolding, because of the openness of Internet communication, can easily cause violent effects like a storm, and the damage to the personality is also not trivial.
In my opinion, in addition to the "Internet violence" caused by specific individuals such as heroes and martyrs, which may constitute a crime and be prosecuted, the "Internet violence" itself is not a problem to be solved by legislation, but how we should treat the "Internet violence". phenomenon, and where to stop and restrict the occurrence of cyber violence, this is a potentially more important topic.
Beiqing Daily: Do you think it is possible to control "Internet violence" by virtue of morality?
Han Deyun: Yes.
In general, cyber violence is a form of verbal violence amplified by the Internet, not a direct physical assault like throwing stones or slapping the face in reality.
How to limit this situation?
I think it is more necessary to standardize and guide morally. Only when more people in our entire society become more civilized, will "Internet violence" be reduced.
In reality, if some people who have been subjected to cyber violence think that they have suffered personal injury, they can file a civil lawsuit and pursue the civil liability of the relevant person.
If he feels that the media has harmed him, he can be held accountable through legal channels.
In fact, we have seen quite a few such cases.
In real life, such as platform companies and media, the spread of rumors by some celebrities constitutes a personal injury. Basically, one sue is approved. Such cases can be found everywhere.
Platforms must use correct ethical values
Guide the public opinion
Beiqing Daily: What is your opinion on cases related to cyber violence?
Han Deyun: First, our society is becoming an open society because of the Internet. There is no evaluation of any one person or one thing, but only one voice.
If we want to express our opinions through the Internet, whether it is to evaluate the behavior of others, or to expose our own behavior or opinions to the whole society, we must realize that this society is pluralistic, and no one behavior or opinion can be one-sided. compliments and affirmations.
Therefore, if you want to express your opinions through the Internet, you must be mentally prepared to accept expressions that do not sympathize with you, do not understand you, or even criticize you and attack your opinions.
Second, in a public society with increasingly developed Internet media, be careful not to easily expose your privacy to the public.
Third, even if there are people who are not deeply involved in the world, no matter what the reasons are for exposing their privacy, they hope to get the sympathy and understanding of the society. In the face of different opinions in the whole society, our media media platform must use the correct social and ethical values, to guide public opinion.
Someone's privacy should not be deliberately exposed, let alone the pursuit of sensational effects.
Finally, we use the Internet to express our views on others and to judge others’ experiences and opinions. At the same time, we must also learn to accept others’ incomprehension, sympathy, and even accusations and criticisms of our experiences and opinions. In a world where people can easily express their opinions, we all need to have a more independent personality and a more normal mentality.
Of course, the exchange and confrontation of different viewpoints should be published within the scope permitted by law, so that this society is a civilized society, and this depends not only on laws, but also on moral norms.
platform should be removed
Extremely abusive language, words
Beiqing Daily: Many people think that swearing on the Internet is "invisible". What do you think?
Han Deyun: In today's networked society, virtuality is already an appearance.
Since IP addresses are real-named, all online speeches are real-named and traceable.
Beiqing Daily: Is the platform not responsible?
Han Deyun: The platform does not mean that there is no responsibility.
For example, for extremely insulting words and phrases, the platform should theoretically delete it, but the platform is more of a platform.
We must see the neutrality of the platform itself. Many times the platform cannot turn off one sound and only allow another sound to exist.
Beiqing Daily: After the occurrence of cyber violence, can it only be relieved after the fact?
Han Deyun: I think the core of restricting "Internet violence" is not a legal issue. The law has provided relief channels. Anyone who is hurt should sue, and if the infringer should pay compensation, let them pay.
However, to build a civilized society, we need the constraints of ethical norms even more.
Law only imposes mandatory requirements on the most necessary and basic norms in ethics. A large number of social rules still need to be solved by ethical norms, although we still have a long way to go in this regard.
Text / reporter Meng Yaxu