With the development of the network environment under the digital economy, the ensuing online violence has become a problem that cannot be ignored. The Beijing Internet Court recently held a seminar focusing on topics such as the protection of personality rights and interests in the digital society and the development of the Internet industry.
According to Liu Xiaochun, executive director of the Internet Rule of Law Research Center of the University of the Chinese Academy of Social Sciences, the difficulty in dealing with the problem of online violence lies in the difficulty of defining the standards for online violence.
Liu Xiaochun, Executive Director and Associate Professor of the Internet Rule of Law Research Center of the University of the Chinese Academy of Social Sciences
A lot of online violence speech, it is not as we traditionally think, this kind of aggression, insulting, it is not direct scolding, but some speculation, or we can sometimes summarize it as cynical, morally critical.
Second, it's also difficult to establish this causal relationship, so in this sense, so far, we still haven't seen a very clear legal definition that can be used to deal with the actual concept of online violence. It may be thought that a lot of it is the category of public opinion and freedom of speech, then there are also some that we can identify as "quasi-online violence" or "quasi-online violence", which has not yet caused a more serious consequence.
In addition to the difficulty of distinguishing between discussion supervision and reasonable criticism, Liu Xiaochun said that the causal relationship of "many-to-one" in online violence is also difficult to determine the subject of accountability.
Liu Xiaochun, Executive Director and Associate Professor of the Internet Rule of Law Research Center of the University of the Chinese Academy of Social Sciences
I know that there is a case mentioned that he himself has a mobilization ability (person), so he organizes him to Zhang Luo, Zhang Luo everyone to attack a specific object, then at this time his behavior (was) determined that this is constituted, identified his causal relationship, and his tortious nature, we see that the law has been trying to move forward to expand such a conceptual definition.
Experts believe that in addition to further refining the definition standards for online violence, platforms as a key medium should also refine their legal obligations and regulatory responsibilities.
【During the same period】Shi Jiayou, executive director and professor of the Civil and Commercial Legal Science Research Center of Chinese Minmin University
We often say that the platform is the so-called "gatekeeper", so in the future, we say that it is necessary to confirm and refine the "gatekeeper" obligation of the social platform with legislation or judicial judgment. First, platforms should accurately identify obvious online insults and offensive language. When a platform's online violence occurs or expands, and it has technical capabilities but fails to fulfill its criminal law obligations or reasonable protection obligations for victims, it shall be determined that the platform should bear corresponding responsibilities for the victims.
Experts pointed out that the governance of online violence is essentially social governance in the online environment, and a comprehensive governance system should be established through the collaborative efforts of all parties in society, and the "combined fist" of online violence governance should be played.
【During the same period】Professor Cheng Xiao, Deputy Dean of Tsinghua University Law School
We can see that now, including the Supreme Court is drafting a judicial interpretation of the ban on personality rights, this problem was paid attention to when the Civil Code was codified, and how to effectively prevent and stop (Internet violence). But on the other hand, we also know that you must also have the intervention of administrative organs such as public security, internet information, and industry and information, and you must rely not only on legal measures but also on many technical measures, so that in modern society, in the protection of personality rights, we see that the effectiveness of such relief measures is very important.
(Reporting by Li Jiali in Beijing)
Responsible Editor: [Luo Pan]