Recently, the Cyberspace Administration of the People's Republic of China has deployed and launched the "Qinglang, Cyber ​​Violence Special Governance Action", which mainly focuses on 18 websites and platforms that are prone to frequent cyber violence and have great social influence, including Sina Weibo, Douyin, Baidu Tieba, Zhihu, etc. , requiring these website platforms to carry out full-chain governance by establishing and improving measures such as monitoring and identification, real-time protection, intervention and disposal, traceability and accountability, and publicity and exposure.

The Cyberspace Administration of the People's Republic of China launched the "Special Action to Governance of Cyber ​​Violence"

  According to the relevant person in charge of the Central Cyberspace Administration of China, the "Qinglang and Cyber ​​Violence Special Governance Action" has put forward specific rectification requirements for the website platform, mainly including:

  Establish and improve the identification and early warning mechanism, and further refine the classification standards for online violence information;

  Establish and improve the real-time protection mechanism for the parties involved in cyber violence, adjust the rules of private messaging functions, establish channels for quick evidence collection and reporting, increase pop-up reminders and warnings, and strengthen rescue and protection of key groups;

  Strictly prevent the dissemination and spread of information about cyber violence, and promptly clean up and deal with comments, bullet screens, etc. that involve cyber violence;

  Increase the punishment and punishment of illegal and illegal accounts, institutions and website platforms. For different situations such as first-time, frequent, incitement and follow-up releases, we will classify and deal with accounts related to cyber violence, and jointly deal with the MCN institutions behind the illegal accounts. The website platform, together with the relevant departments, investigate the legal responsibility of the relevant personnel in accordance with the law;

  Strengthen warning exposure and positive guidance, timely announce the disposal of typical cases, and promote friendly comments and rational voices from authoritative institutions and professionals.

  The relevant person in charge of the Central Cyberspace Administration of China requires that key website platforms should be deployed in a unified manner, and further refine and clarify the target requirements, work measures and completion timeframes based on the characteristics of the platforms, and do a good job in the implementation of tasks.

The Central Cyberspace Administration of China will organize supervision and inspections, and take severe punishment measures for website platforms with insufficient implementation and outstanding problems.

Cyber ​​Violence: A "Cyber ​​Cancer" that Needs to Be Completely Governed and Eliminated

  With the high popularity of the Internet, while bringing high efficiency and convenience to people, cyber violence is also growing, and it has become a "cyber cancer" that people hate more and more, and it needs to be thoroughly managed and eradicated.

So, what kind of online behavior is cyber violence?

Come and listen to Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law.

  Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law: Generally speaking, cyber violence can be divided into several categories. Relevant enterprises fabricate rumors, which may damage related goodwill; the second category is directly insulting, such as insulting some individuals and characters who appear in some events, which may involve the crime of insulting or picking quarrels and provoking trouble. Some are the so-called "title party", including taking out of context, "with rhythm" and "buckling the hat"; another type is usually accompanied by human flesh searches in online violence, according to this, it involves infringing citizens Personal Information Crimes.

The rights and interests of victims are frequently damaged in cyber violence incidents

  In fact, in everyone's online experience, they have experienced or encountered similar things more or less.

Let's review two cyber violence incidents with great influence in the past two years.

  The case of "Women who took express delivery was derailed by rumors" in Hangzhou, Zhejiang:

  Internet abuse causes the client to lose his job, suffer from depression and "social death"

  In July 2020, when Ms. Gu went to the express delivery point in the community to pick up the courier, she was secretly photographed by the owner of the nearby convenience store, Mr. Lang.

Lang Moumou and He Moumou fabricated the content of the conversation of "rich woman cheating on courier brother" and sent it to the WeChat group.

After that, the above-mentioned candid videos and fabricated screenshots of WeChat chat records were combined and forwarded by others, and successively spread to multiple WeChat groups, WeChat official accounts and other online platforms.

This matter continued to ferment on the Internet, and Ms. Gu was abused, dismissed by the company, and diagnosed with depression by the hospital. She bluntly experienced "social death".

  On April 30, 2021, the Yuhang District People's Court of Hangzhou City made a judgment: the defendant Lang Moumou committed the crime of defamation and was sentenced to one year in prison, suspended for two years.

Defendant He Moumou committed the crime of defamation and was sentenced to one year in prison, suspended for two years.

  Insulting and defaming Jiang Ge and his mother on the Internet:

  PTSD slanderer jailed for a year and a half

  On November 3, 2016, Jiang Ge was killed by his roommate Liu Xin's ex-boyfriend Chen Shifeng while studying in Japan.

This case has aroused widespread concern and comments from netizens, and even spread rumors and rumors for a while, which also hit the victim's family.

On February 25, 2018, a netizen named Tan published a series of cartoons created by others through a Sina Weibo account, blatantly vilifying the image of Jiang Ge's mother Jiang Qiulian and insulting Jiang Qiulian's personality.

After notarization, the series of comics were viewed more than 24,600 times; after that, Tan published two blog posts successively through the Sina Weibo account, and attached Jiang Ge's posthumous photo, insulting and slandering Jiang Ge's mother Jiang Qiulian; He also published 17 Weibo short articles successively through his Weibo account, insulting Jiang Qiulian in a row; on February 12, 2018 and March 15, 2019, Tan also published articles fabricated facts through his Sina Weibo account.

  These actions of Tan caused Jiang Ge’s mother Jiang Qiulian’s post-traumatic depression. After being sued to the court, the court of first instance sentenced Tan to one year in prison for insult and nine months for defamation. One year and six months in prison.

After the first-instance judgment was pronounced, the private prosecutor Jiang Qiulian and the defendant Tan Moushuang appealed to the Shanghai No. 2 Intermediate Court.

On October 27, 2020, the Shanghai No. 2 Intermediate People's Court rejected both parties' respective appeals and upheld the original judgment.

How to solve the difficulty of collecting evidence and reporting after being violated by cyber violence?

  What are the new features of this "Operation Qinglang"?

According to experts, at present, due to the complicated process of collecting evidence and reporting after being violated by Internet users, this has also become one of the reasons for the continuous proliferation of Internet violence.

For the first time, the "Special Governance Action of Qinglang and Cyber ​​Violence" carried out by the Central Cyberspace Administration proposed the whole-chain governance, and required the website platform to establish and improve five measures, including monitoring and identification, and real-time protection, to ensure that the governance work achieved solid results.

Come and listen to Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law.

  Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law: In the past, we used to be held accountable for things like cyber violence.

Now it has a clear governance rule, which is to govern in advance, to take precautions, to establish such an identifiable early warning mechanism, and the platform must have a collection of evidence for the occurrence of cyber violence, and must have a report and provide assistance. channel.

The MCN organization is also mentioned here, because many of them have a great influence in the end. The accounts that lead the rhythm or follow the trend in this kind of event are the accounts signed by some MCN organizations. Once this problem occurs, this account The MCN behind it and the related accounts, including the person in charge, will be held legally responsible.

Therefore, these may constitute a whole-chain ecological governance system.

Online speech needs to be "expressed with boundaries" and platforms should take responsibility

  What are the responsibilities of the major website platforms?

Legal experts said that freedom of speech on the Internet needs to be "expressed with boundaries" and must not infringe on the legal rights of others, violate laws and regulations, or violate the principles of public order and good morals.

Governing cyber violence should not only improve relevant laws and regulations, but also major website platforms should take the initiative to assume the main responsibility for governance.

Continue to listen to Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law.

  Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law: In the past, we said that the main punishment in cyber violence is the perpetrator, the initiator of such cyber violence. They are usually some netizens, or individuals, or some organizations. The platform has not been particularly strengthened for a long time, and the platform should fulfill the main responsibility in the online violence.

This main responsibility is not simply legal responsibility. The greater the influence of the platform, the higher the social responsibility and moral responsibility should be, so the protection measures should be higher. When users communicate and watch news on the platform, then the platform is the most important An important management tool.

So I think the focus of this governance is also to consolidate the platform to assume the main responsibility.

Not only cyber violence, these online chaos, but also rectification

  In addition to controlling cyber violence, what other key tasks are there in this year's "Qinglang Action"?

Previously, the National Cyberspace Administration of China organized forces to carefully study and plan a series of special actions for "Qinglang" in 2022, proposing that the concerns of netizens will be more prominent, the right medicine will be more prominent, and the effect orientation will be more prominent. Specifically, it includes 10 key tasks: combating online rumors, Rectify the chaos of information content in MCN institutions, rectify the chaos in the field of online live broadcast and short video, rectify the chaos of application information services, further standardize the communication order, comprehensively manage the algorithm, rectify the network environment during the Spring Festival, rectify the network environment for minors during the summer vacation, rectify Internet user account operation, combat traffic fraud, black public relations, and network navy.

In addition, the "Qinglang · Internet User Account Operation Special Rectification Action" and "Qinglang · Combating Traffic Fraud, Black Public Relations, and Network Water Army", which were carried out last year, will continue to be further promoted this year, and are still included in the "Qinglang" special action focus. work, must achieve solid results.

  What kind of governance philosophy does the implementation of this "clear action" reflect?

What impact will it have on the network environment?

Come and listen to the interpretation of the legal expert Yue Fenshan.

  Legal expert Yue Fenshan: Cyber ​​violence is an extension of social violence on the Internet. It breaks the moral bottom line and is often accompanied by torts and illegal and criminal acts.

This "Qinglang·Cyber ​​Violence Special Governance Action" seized the key of network information governance, and comprehensively built a comprehensive network governance system to ensure national cultural security, political security and information security.

It can be said that this is in line with the attitude of being responsible to the society and the people, strengthening cyberspace governance according to law, and creating a clean cyberspace for the majority of netizens, especially young people.

  The special campaign against cyber violence is a special campaign carried out in strict accordance with relevant laws and regulations within the framework of the rule of law to promote the realization of good law and good governance in cyberspace.

At present, our country has formed a relatively sound legal system for cyberspace governance. There are 8 specialized laws and 21 related laws, especially the Cybersecurity Law, the Data Security Law and the Personal Information Protection Law. "The promulgation and implementation of these three important laws on network security and data protection, combined with other administrative regulations and departmental rules, make special actions legal at the institutional level.

  We can see that the special governance action carried out this time is not simply "repressing violence with violence", but highlights the idea of ​​protection and education, and draws a clear line between rational criticism and venting malice.

Through dynamic monitoring and precise and differentiated response measures, an efficient and complete management mechanism has been established, which deeply reflects the primacy of the people's interests.

  In addition, this "Qinglang Special Governance Action on Cyber ​​Violence" is not only aimed at individual netizens, but also at those related network institutions, organizations and platforms, and even more to combat those who hide behind netizens and systematically carry out cyber violence, and then Netizens who do not know the truth form organizers of cyber violence.

  This "Qinglang·Cyber ​​Violence Special Governance Action" mobilized multiple governance subjects, adopted a variety of governance methods, used precise technical means and systematic systems, and carried out the entire chain of governance, which will also effectively create a clear, harmonious, and harmonious environment. An orderly and inclusive cyberspace will bring more online happiness and participation to the people, create a positive, healthy, progressive, and kind-hearted cyberspace, and fill cyberspace with socialist core values.

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