Expert interpretation | Grasping the foundation and key to the governance of online violence

Cyberspace is the spiritual home of hundreds of millions of people and an important space for people to interact and exchange ideas. However, cyber violence has become a social nuisance in the Internet era. The Cyberspace Administration of China and four other departments jointly issued the "Regulations on the Governance of Cyber ​​Violence Information", which focuses on the key to the governance of cyber violence from the perspective of information content governance, further improves the regulatory system for the governance of cyber violence, and weaves a dense network of rules to create a good network ecology.

my country attaches great importance to safeguarding the legitimate rights and interests of the people in cyberspace. While fully respecting the rights of netizens to exchange ideas and express opinions, we resolutely crack down on illegal and criminal activities on the Internet, build a good order in cyberspace, and create a safe, fair, healthy, civilized and clear cyberspace. The governance of cyber violence has a good legal basis. Laws, regulations and rules such as the Civil Code, the Criminal Law, the Public Security Administration Punishment Law, the Cybersecurity Law, the Personal Information Protection Law, the Heroes and Martyrs Protection Law, the Internet Information Service Management Measures, and the Regulations on the Ecological Governance of Network Information Content, as well as relevant judicial interpretations and judicial documents such as the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Such as Defamation Using Information Networks and the Guiding Opinions on Punishing Cyber ​​Violence Crimes in accordance with the Law, constitute a multi-dimensional and multi-level normative system for the governance of cyber violence. Law enforcement and judicial practices in strengthening the protection of personal information, safeguarding the personal rights and interests of citizens, and maintaining social order and national security have also been carried out on a regular basis. The promulgation of the Regulations can further improve the pertinence of the governance of cyber violence on this basis and form a dynamic governance system for the entire process.

Cyber ​​violence must emphasize source control. "A towering tree must have its roots; a mountain stream must have its source." As a form of language or public opinion violence, cyber violence is not a new phenomenon, but it has a new form of expression in the Internet age. Unlike traditional public opinion violence, which mostly occurs between acquaintances or within the same social group, circle or community, in the era of self-media where information is mainly produced by users, cyber violence mostly occurs between netizens who often do not know each other. Once cyber violence occurs, it is often manifested as an overwhelming amount of bad information. Netizens who suffer from cyber violence are unable to resist, difficult to respond, unable to defend themselves, unable to clarify their names, unable to find the perpetrators, and even extremely difficult to provide evidence when trying to protect their legitimate rights and interests. Therefore, the root of cyber violence control lies in the control of online information.

The Regulations take the governance of online violence information as the foundation and key, which is consistent with the idea of ​​the whole chain governance of online violence. Since the 18th National Congress of the Communist Party of China, following the development law of online information content, the national cyberspace administration has kept pace with the times and issued regulations in related fields such as user account information, algorithm recommendation, generative artificial intelligence, etc., and has continuously issued normative documents around microblogs and Internet information search, live broadcast services, news information, group information, forum information, new technology and new application security assessment, user public accounts, pop-up information push, follow-up comment push, audio and video information and other services to improve information content governance rules. The Regulations on the Ecological Governance of Online Information Content, which came into effect on March 1, 2020, has established a basic framework for the ecological governance of online information content. On this basis, in November 2022, the Central Cyberspace Affairs Office issued the Notice on Effectively Strengthening the Governance of Online Violence, proposing a series of targeted measures to effectively increase the governance of online violence. In July 2023, the Cyberspace Administration of China publicly solicited opinions from the society on the "Regulations on the Governance of Online Violence Information". After a year of full preparation, it was officially issued recently. It provides a targeted solution for the governance of online violence from the root of online information, which further highlights the source governance of online violence and has distinctive features.

First, define online violence information. Clearly defining the objects of governance is the premise of effective governance. Online violence is a complex phenomenon of network information content, and it was not originally a clear and definite legal concept. Based on the "Guiding Opinions on Punishing Network Violence Crimes in accordance with the Law" issued by the Ministry of Public Security, the Supreme People's Court, and the Supreme People's Procuratorate, the "Regulations" clearly define online violence information from the perspective of information content as "illegal and bad information that is published to individuals in the form of text, images, audio, video, etc. through the Internet, containing insults, slander, incitement to hatred, coercion, invasion of privacy, and accusations, ridicule, denigration, discrimination, etc. that seriously affect physical and mental health", and comprehensively defines online violence information.

Second, the responsibility of network platforms must be strengthened. As a provider of network information services, network platforms are important builders of network information content space, providing the basic space for network information production and dissemination. Naturally, they must play a fundamental and subjective role in information content governance. The Regulations require network information service providers to improve user registration, account management, personal information protection, information release review, monitoring and early warning, identification and disposal systems, and to authenticate users' real identity information in accordance with the law, thus grasping an important source of network violence information governance.

The third is to emphasize information monitoring and early warning. Once cyber violence occurs, the person who suffers from it may be "socially dead", or suffer serious psychological trauma, or even pay the price of his life. These consequences are irreversible. Therefore, the governance of cyber violence must prioritize prevention, and the first priority is to prevent cyber violence. The "Regulations" require platforms to establish and improve cyber violence information early warning models, and comprehensively analyze factors such as event categories, targeted subjects, number of participants, information content, release frequency, link scenarios, and reporting complaints to promptly discover and warn of cyber violence information risks. In particular, it is stipulated that platforms must establish and improve user account credit management systems, and record illegal and irregular information related to cyber violence in user credit records as a basis for restricting account functions or stopping the provision of related services.

Fourth, detailed disposal measures. The high activity of online information content requires that information content governance must be highly agile. The Regulations require that online information service providers take the initiative to take action. If they find illegal or criminal information involving online violence, they should immediately take appropriate disposal measures. If they find suspected illegal crimes, they should promptly report to the public security organs and provide relevant clues to cooperate with the investigation, investigation and disposal work; strengthen the management of online audio-visual programs, online performances and other service content, follow-up comment information content, online community sections, online groups, etc., strengthen the content review of services such as live broadcasts and short videos, and take timely disposal measures such as deletion, blocking, and disconnection of links when online violence information is found; for online information content multi-channel distribution service agencies that organize, incite the production, copying, publishing, and dissemination of online violence information, disposal measures shall be taken against the agencies and the accounts they manage in accordance with the law and the contract.

Fifth, the responsibilities of multiple parties are clarified. For the governance of online violence information, the platform is the key, but not all. It requires the joint participation of the government, enterprises, society, netizens and other subjects. The governance of online violence information should not only focus on the entire process of Internet information content production and dissemination, but also cover multiple subjects of information content production and dissemination. The "Regulations" require Internet news information service providers to adhere to the correct political direction, public opinion orientation, and value orientation, and shall not collect, edit, publish, or reprint news information involving online violence by exaggerating facts, over-rendering, or one-sided reporting. If it is untrue or unfair, it should be publicly corrected immediately to eliminate the impact; public account operators should establish and improve the information content security review mechanism for the entire process of publishing, promotion, interactive comments, etc., and if it is found that there is online violence information in the links of account comments, it should be reported and handled in a timely manner; the founders and managers of online community sections and online groups should perform management responsibilities, and take management measures in a timely manner if they find that users produce, copy, publish, and disseminate online violence information; any organization or individual shall not use online violence incidents to carry out marketing hype, and shall not organize the production, copy, release, and dissemination of online violence information through batch registration or operation of user accounts.

Sixth, strengthen the protection mechanism. In the governance of online violence information, we must emphasize the protection of netizens to avoid harm or prevent the expansion of harm, and emphasize the special protection of digital disadvantaged people, and pay attention to bridging the digital divide. The "Regulations" emphasize that network information service providers should establish and improve the protection function of online violence information, improve the rules of private messages, strengthen the protection of parties, facilitate quick complaints and reports of online violence information, and provide users with functions such as quick evidence collection; give priority to handling complaints and reports of online violence information involving minors, and perform statutory protection responsibilities; strengthen protection guidance and protection and assistance services for minors, the elderly, and the disabled whose legitimate rights and interests are infringed by online violence information; if online violence information infringes on the personal privacy of users, if timely measures are not taken, it may cause serious consequences such as personal and property damage to users, etc., and strengthen protection guidance and protection and assistance services for users.

“It is not difficult to make laws, but it is difficult to enforce them.” In order to implement the rules for the governance of online violent information, the Regulations also improved the supervision and management mechanism of online violent information and relevant provisions on legal responsibilities, stipulated the supervision and inspection responsibilities of the Internet Information Office, Public Security Bureau, Culture and Tourism, Radio and Television and other departments, and the collaborative governance mechanism of relevant departments, and clarified the relevant punishment measures.

Cyber ​​violence is essentially the manifestation of verbal violence in cyberspace, and is ultimately a form of information content dissemination. The Regulations identify the basis and key to cyber violence governance from the perspective of information content governance, and form a "root cause" for cyber violence behavior, which will surely become another powerful tool for creating a good network ecology, protecting the legitimate rights and interests of citizens, and safeguarding the public interest of society.

Author: Zhi Zhenfeng, Researcher at the Institute of Law, Chinese Academy of Social Sciences