Recently, a history teacher from the No. 3 Middle School in Xinzheng City, Henan Province passed away unfortunately after suffering the "bombing of online classes", arousing the attention of the whole network.
The reporter searched and found that there have been similar online class intrusion incidents in many places before, and there were various ways of "blasting" and a large number of people.
Many students shouted, "It's really miserable" and "severely punish the 'demolitionist'".
"'Online class blasting' is by no means a simple prank, but a new type of cyber violence that breaks through the bottom line of morality and law. It is illegal at light, and criminal at worst, and should be punished according to law." Professor and doctoral student at Beijing Normal University School of Law Instructor Peng Xinlin said.
On November 4, the Central Cyberspace Administration of China issued the "Notice on Effectively Strengthening the Governance of Cyber Violence", which requires establishing and improving an early warning and prevention mechanism for cyber violence, strengthening the protection of victims of cyber violence, and strictly preventing the spread of cyber violence information.
What deep-seated problems does the "bombing of online courses" reflect on the breeding ground of cyber violence?
Can underage "demolitionists" be exempted from punishment?
Who is "handing knives" to these minors?
How to effectively manage cyber violence?
... China Youth Daily and China Youth Daily reporters connected with legal scholars to analyze.
"Online class blasting" has touched the legal red line, suspected of breaking the law or committing crimes
"'Online class blasting' belongs to cyber violence." Tao Kuan, senior partner of Beijing Jingshi Law Firm, pointed out that "online class blasting" will directly affect the teaching order of the school, and is related to the personal rights and interests of students and teachers. It is a kind of harm Sexual cyberbullying.
Tao Kuan explained that in real life, the behavior of "demolitionists" is equivalent to running to the school classrooms in an organized manner to disrupt the teaching order, such as making loud noises, throwing things, insulting others, etc., preventing students and teachers from teaching.
The "bombing of online courses" is to transfer this illegal method from offline to the Internet, and "should also be bound by the law."
Peng Xinlin analyzed that the "bombing of online courses" violated the Civil Code, the Personal Information Protection Law, the Internet Security Law, the Public Security Administration Punishment Law, the Criminal Law and other regulations related to the protection of citizens' personal privacy, information security, and the right to reputation.
"Illegal elements 'invaded' online classrooms to openly insult teachers and students or fabricate facts to slander. If the circumstances are serious, criminal responsibility should be investigated for the crime of insult or slander; if it does not constitute a crime, it should also be punished by public security management." Peng Xinlin told Reporters, if criminals use hacking techniques to crack classroom passwords and illegally invade online classrooms, if the circumstances are serious, they may also be involved in the crime of illegally controlling computer information systems.
If the information network is used to abuse and intimidate others, the circumstances are vile and the social order is disrupted, they should be convicted and punished for the crime of picking quarrels and provoking trouble.
Peng Xinlin reminded the "demolitionists" that if they use the information network to commit the crime of defamation, picking quarrels and provoking trouble, it also constitutes the crime of fabricating and deliberately spreading false terrorist information as stipulated in Article 291-1 of the Criminal Law, and the dissemination of obscene materials stipulated in Article 364, paragraph 1. If a crime is committed, it shall be convicted and punished in accordance with the provisions of heavier punishment.
The cost of cyber violence is too low, and the cost of rights protection is too high
"Five cents a day, ten yuan perpetually", "Tencent conferences and Dingding conferences can be blasted", "framing, confession and other needs can be met"... The reporter noticed that "online class blasting" has gradually formed a black and gray industry online and offline. Chain, the price of hacking an online class is as low as 0.5 yuan.
Peng Xinlin pointed out that the reasons for the invasion of online classes are mostly related to some students' disgust with online classes or seeking stimulation, and then they used their brains, or hired "demolitionists" to disrupt the teaching order.
According to the survey, many "demolitionists" are minors, and some are even under the age of 14.
"Minors will not be exempted because of their special status. This situation may also be suspected of breaking the law and should be punished by law." Peng Xinlin said.
"The low cost of breaking the law and the high cost of safeguarding rights are the main reasons for the high incidence of cyber violence." Tao Kuan believes that the legal punishment for cyber violence is relatively light, and generally only civil torts will be investigated, nothing more than an apology , to eliminate adverse effects, or to compensate for very limited economic losses, few involving criminal responsibility, "for individuals, cyber violence involving criminal responsibility, collecting electronic evidence is a difficult problem."
Peng Xinlin analyzed that the breeding of cyber violence is not only due to the low level of internet literacy of some netizens, but also the problem of content creation orientation and the implementation of main responsibilities of related online platforms "only traffic". It also involves the black and gray industrial chain behind cyber violence. .
"Effective governance of online violence requires multiple measures, comprehensive measures, and both the root cause and the root cause."
Peng Xinlin suggested that administrative law enforcement agencies and judicial agencies should perform their duties in accordance with the law, and increase the crackdown on cyber violence and the black and gray industries behind it, especially the new cyber violence that is organized, planned, and industrial chain; at the same time, It is necessary to deepen the special governance of cyber violence, continue to carry out a series of "clean and bright" special actions, promote cyber literacy education, cultivate civilized and self-disciplined cyber behavior, enrich cyber ethics practice, and promote cyber violence governance to continuously transform from treating symptoms to treating both symptoms and symptoms.
Punish cyber violence such as "bombing of online classes" with a zero-tolerance attitude
Under the background of the normalization of the prevention and control of the new crown pneumonia epidemic, some schools carry out teaching in the form of online. How to ensure the safety of online courses and comprehensively block "blasters"?
Peng Xinlin pointed out that at present, some online teaching platforms may have a series of problems such as insufficient understanding of responsibilities, inaccurate role positioning, inadequate performance of duties, imperfect systems and mechanisms, and irregular management operations.
The more active the platform users are, the more important the social responsibility is. The online teaching platform should shoulder the main responsibility of preventing "online class blasting" and build a network security firewall; Relevant network platforms should further improve the quick access control functions such as meeting locking, one-click blocking, one-click reporting, and kicking out of the meeting, so as to reduce the space for "demolitionists" to act indiscriminately.
"The governance of 'online class blasting' must be 'zero-tolerance' and strike hard." Tao Kuan suggested to build a technical identification model for cyberbullying to increase the cost of illegal cyberbullying.
"Through the research on cyber violence, it is found that cyber violence is traceable. Their behavior patterns can be modeled through technology, and models can be established. Through the method of 'early warning + manual review', the ability to early warning of cyber violence can be improved." At the same time, the illegal behavior of cyber rioters is reflected in the social credit system, and it is linked to employment, bank loans, etc.; if the circumstances are serious, administrative detention or even criminal punishment will be imposed to increase the cost of illegality.
In Peng Xinlin's view, it is equally important to strengthen students' information security education and pay attention to students' psychological problems during the epidemic.
Parents and schools should strengthen information security education for students, pay attention to guiding students not to leak the passwords of online classrooms, and prevent "introducing wolves into the room".
Education authorities and online teaching platforms should further strengthen the skills training for teachers to prevent "online class blasting", improve teachers' ability to quickly deal with problems and safety awareness when dealing with "online class blasting", eliminate the breeding ground for cyber violence, and jointly build A beautiful spiritual home online.
China Youth Daily, China Youth Daily reporter Han Yangxian Oujie Source: China Youth Daily