It is difficult to distinguish between true and false, and experts call for hype hot events
Clarify the legal boundaries of online speech
□ Reporter Han Dandong
□ Our newspaper intern Wang Yitian
Not long ago, a news about "Store 'montmorillonite powder' to deal with the gastrointestinal symptoms of XBB strain" appeared on the hot search. , which eventually made the drug "montmorillonite powder" out of stock overnight.
Although the person concerned clarified that the content of the text in the circle of friends is personal understanding and speculation, the screenshots of the circle of friends have changed in the repeated dissemination, and many people have taken the screenshots out of context and widely disseminated them on the Internet.
After the incident, the person concerned stated that he had gone to the local police station to make notes and received criticism and education from the police.
Similar situations are by no means isolated. Many sources of information come from social group chats and screenshots of Moments. As a result, false and untrue news, hot-spotting incidents, and random fabricated incidents occur from time to time, making it difficult for the majority of netizens to distinguish between true and false. Some messages even had adverse effects.
The Internet is not a lawless place
Consciously resist inappropriate speech
Where is the legal boundary for expressing speech on social platforms?
The Internet Security Law, which came into effect on June 1, 2017, clarified the types of online speech to be regulated: Any individual or organization using the Internet should abide by the Constitution and laws, abide by public order, respect social morality, and must not endanger network security or use the Internet to engage in Endangering national security, honor and interests, inciting subversion of state power, overthrowing the socialist system, instigating secession, undermining national unity, promoting terrorism, extremism, propagating ethnic hatred, ethnic discrimination, disseminating violence, obscene and pornographic information, fabricating and disseminating False information disrupts economic order and social order, and infringes on other people's reputation, privacy, intellectual property rights and other legitimate rights and interests.
Yao Jinju, a professor at the Law School of Beijing Foreign Studies University, believes that the Internet is not a place outside the law. The law respects and protects individual citizens' freedom of speech, but all netizens should abide by the law and stick to the bottom line of online freedom of speech.
Public security organs have the right to deal with those who post false and inappropriate remarks on the Internet, intentionally distort facts, fabricate rumors, and disrupt social order. Those who cause adverse effects and serious circumstances will be investigated for legal responsibility according to law.
"Every citizen should be responsible for his own words and deeds on the Internet. I hope that every citizen and Internet user will consciously resist inappropriate remarks, malicious attacks and other bad information, and do not trust or repost it. Internet users are asked to consciously abide by relevant laws and regulations, and jointly maintain a harmonious Internet. Environment." Yao Jinju appealed.
Zhou Xuliang, director of Beijing Guanling Law Firm, believes that social media is not a place outside the law, and there are legal boundaries for expressing speech.
Laws that may be violated by inappropriate online speech include the Civil Code, Criminal Law, Public Security Management Punishment Law, and Cyber Security Law.
Zhou Xuliang reminded that we must pay attention to the fact that online speech must be based on facts, and we must not use insulting or defamatory speech to demean the personality of others, do not touch the privacy of others, and do not publicly publish personal information and portraits of others without permission, let alone endanger national security or leak State secrets.
In practice, the determination of specific behaviors needs to rely on the neutral judgment of judicial personnel, and through the full assessment of interests, the legal boundaries of online speech should be divided according to law.
Liu Deliang, a professor at the Law School of Beijing Normal University, believes that the current social media speeches are general speeches, and the content should follow the nine prohibitions in the "Internet Information Service Management Measures".
Grasp the boundaries of speech rationally
Don't mess with Internet hotspots
What kind of legal risks exist when netizens freely comment and express opinions on hot events?
Zhou Xuliang said that if netizens take advantage of hot events to make false remarks, contain false information, and spread rumors, it is likely to infringe on the reputation rights of others or the goodwill of legal persons. According to the Civil Code, they must bear the responsibility of stopping the infringement, restoring reputation, Civil liability for eliminating impact, apologizing and compensating for losses.
If the speech made by using hot events insults others or fabricates facts to slander others, if the circumstances are serious and suspected of defamation, it is likely to face criminal punishment of up to three years in prison, criminal detention, public surveillance, or deprivation of political rights.
If the remarks made by using hot events are suspected of spreading rumors, falsely reporting the danger, epidemic situation, police situation, or deliberately disrupting public order by other methods, or fabricating facts to defame others, serious suspicions constitute the crime of fabricating or intentionally disseminating false information or defamation, etc. If it does not constitute a crime, administrative penalties such as detention and fines may be imposed in accordance with the Public Security Management Punishment Law and other provisions.
"If netizens use hot events to express their opinions, they must be cautious and rational, based on facts, objective and neutral, and strictly abide by the legal boundaries." Zhou Xuliang said.
Yao Jinju believes that in the face of hot issues, netizens should rationally grasp the boundaries of speech, do not gossip about hot spots on the Internet to cause trouble, and do not use the Internet as a place to vent their emotions. Otherwise, they will be punished according to the law and bear civil, administrative or even criminal responsibility if they violate the law.
Yao Jinju said that if a netizen violates a citizen's right to reputation and honor while taking advantage of a hot event to express arbitrarily, according to the provisions of the Civil Code, he needs to bear responsibilities such as stopping the infringement, eliminating the influence, restoring reputation, making an apology, and compensating for losses. If mental damage is caused to the infringed party, it is also necessary to bear the liability for compensation for mental damage.
"When a citizen speaks at will, involving spreading rumors, publicly insulting others, or fabricating facts to slander others, etc., causing adverse social impact, according to the provisions of the Public Security Management Punishment Law, he may be detained for a certain period of time or fined; if the circumstances are serious , and both can be dealt with.” Yao Jinju said that if netizens’ remarks have a bad influence and constitute a crime, they should bear criminal responsibility in accordance with the law.
Freedom of speech has limits
Cyberspace still needs to be purified
Can people speak freely in the circle of friends?
Liu Deliang told reporters that my country's constitution stipulates that citizens have legitimate rights such as speech, criticism and supervision, and citizens should also abide by corresponding laws and regulations when exercising their rights.
Zhou Xuliang stated that the circle of friends must not publish state secrets or information that other units and organizations have not allowed to disclose, other people's privacy, etc.; must not publish illegal information such as pornography, gambling, drugs, and violent terrorist content; must not publish illegal information such as rumors, defamation, and insulting others; It is not allowed to publish, display or disseminate all kinds of contraband sales information in any form, and it is not allowed to publish advertising information in violation of regulations, otherwise it will face administrative or criminal penalties.
Yao Jinju believes that netizens posting circles of friends is also a form of expression of citizens' speech. Even in the virtual world, they should be regulated by law and must not infringe on national, public or personal interests.
Compared with other forms of speech, more and more people are more willing to express their thoughts and wishes by posting circles of friends. While citizens' freedom of speech rights are fully extended, the openness of circles of friends also creates a barrier for speech infringements and criminal acts. Provided potential shelter.
"From the perspective of personal interests, the circle of friends posted by netizens should not infringe the privacy rights of others; from the perspective of public interest, the posting of circles of friends should not harm the public interest; from the perspective of information content, circles of friends should not publish False, slanderous, insulting content, nor fabricating or disseminating false information." Yao Jinju said.
In life, some people's unintentional words are often slightly changed by people with ulterior motives, intercepting a few words, and turning the white into black, and the false into the truth, which not only confuses the public, but also confuses the original author. Suffering from rumors.
In this regard, Liu Deliang believes that the current public's ability to judge information sources still needs to be strengthened. In the Internet age, the public often considers information sources from a subjective perspective. The public should seek evidence from multiple channels and identify from multiple perspectives.
Relevant departments should also focus on cracking down on the rumormongers who spread the rumors instead of pointing the finger at the original author.
How to purify cyberspace while protecting people's freedom of speech has become one of the most urgent tasks at the moment.
Zhou Xuliang believes that legislation and law popularization can be used to clarify the legal boundaries of speech on the information network, so that people can know what speech can be published and which speech violates the law, so as to ensure that the general public can fully exercise the right of expression and supervision endowed by the Constitution in accordance with the law , protect the freedom of speech of the broad masses of the people to the greatest extent, and provide a healthy and orderly network environment; in terms of social platforms, relevant departments can effectively perform administrative duties, actively guide platforms to perform their own responsibilities and obligations, and use technology to manage and control freedom of speech. Supervision, strengthen the management of Internet comment services, clean up and deal with foul language and rumors in a timely manner, and improve the service management system; Internet users, establish legal awareness, abide by the law, advocate social morality, maintain self-discipline and rationality, express speech in a civilized manner, and do not use Social platforms disclose the privacy of others, slander and insult others, do not spread rumors, do not spread rumors, do not believe rumors, do not spread obscene pornography, violent terror, religious extremism and other illegal and harmful information, and improve the ability to distinguish.
Yao Jinju said that the delineation of the boundaries of freedom of speech in cyberspace must be clarified with the help of legal force, and various subjects such as individual citizens, platforms, governments, industries, and courts must play their respective roles and work together to purify cyberspace.
Yao Jinju suggested that the publicity and education work on the rule of law still needs to be further deepened. Internet platforms and industries should strengthen self-regulation and industry self-discipline. Relevant departments should also establish and improve an online legal system based on new media as soon as possible.
At the same time, in response to the regulation of online speech in the new media field, it is necessary to set up corresponding relief measures for citizens' rights damage and establish a right relief system.
Comics/Gao Yue