New regulations will be introduced for the governance of online violence! Will the deterrent effect not be as effective as the law? Platform | Cyber Violence Information Governance Regulations | Governance

On July 7, the State Internet Information Office solicited public opinions on the Regulations on Cyber Violence Information Governance.

From information release review to monitoring and early warning, from reporting and assistance to handling online violence information, what kind of main responsibility should online platforms bear? What role can this regulation of the Cyberspace Administration play in the comprehensive governance of online violence? News 1+1 invites researcher Zhi Zhenfeng from the Institute of Law, Chinese Academy of Social Sciences to jointly pay attention to the importance of platform responsibility in combating cyberbullying!

Prevention at the source may be more important, and new regulations will be introduced for the governance of online violence!

Zhi Zhenfeng, a researcher of the Law Research Institute of the Chinese Academy of Social Sciences: Now there are a series of national laws, such as the Civil Code, the Criminal Law, the Law on Public Security Management Punishment, the Network Security Law, the Personal Information Protection Law, the Hero Martyrs Protection Law, and administrative regulations, such as the Measures for the Administration of Internet Information Services and the Telecommunication Regulations. So why do we need another regulation? Because although there is currently a legal system for combating online violence, these regulations on online violence are scattered among various laws and are not systematic or targeted.

So we can see that in early June, the Two High Schools and One Department issued the "Guiding Opinions on Punishing Cyber Violence Crimes in accordance with the Law", which is a judicial interpretation with a focus on end of line governance, that is, how to punish and provide relief to victims of serious cyberviolence crimes that have already occurred.

The "Regulations on the Governance of Cyber Violence Information" drafted by the State Cyberspace Administration this time, if passed in the future, will be a departmental regulation that emphasizes "source governance" and "process governance". We know that once online violence occurs, the consequences can be very serious and irreversible. So, from the source and process, to prevent and contain it, timely detect and stop it, this may be as important as "outcome governance", or even more important.

What unique role can the regulations on the governance of online violence issued by the Cyberspace Administration play?

Researcher Zhi Zhenfeng from the Institute of Law, Chinese Academy of Social Sciences: ① In November last year, the Cyberspace Administration issued the "Notice on Strengthening the Governance of Cyber Violence", which is a normative document. To elevate it to a regulation this time is equivalent to having a clearer enforcement basis, giving it teeth that can serve as a punishment regulation and basis for the platform.

② The Regulations on the Governance of Online Violence Information mainly target the important carriers or links where online violence occurs, namely the network platform, which is the provider of online information management services. This has identified the key link in the governance of online violence, so we are looking forward to the introduction of this regulation.

The key link in governance of online violence is the platform

Researcher Zhi Zhenfeng from the Institute of Law, Chinese Academy of Social Sciences: Cyberviolence mainly occurs in cyberspace. So how does cyberspace occur? In fact, it is mainly a cyberspace built by network information service providers, that is, the technology and services provided by platforms, in order to form this cyberspace. So, for online platforms, they have such technical capabilities, as well as social and legal responsibilities. And it is closest to the field where online violence occurs, because it is on its platform, so it has a direct main responsibility to monitor, warn, identify, and promptly deal with online violence. So, the "Regulations on the Governance of Cyber Violence Information" point the key focus and standardized objects to the platform, which can be said to have found the key and grasped the key links.

Will the deterrent effect of the Cyber Violence Information Governance Regulations be inferior to that of the law?

Researcher Zhi Zhenfeng from the Institute of Law, Chinese Academy of Social Sciences: This concern can be understood, but we should note that after the promulgation of the "Regulations on the Governance of Cyber Violence Information", it is a regulation. This regulation is not issued out of thin air, but rather a refinement and supplement to existing laws and administrative regulations. This means that regarding online violence, whether it is civil infringement, administrative violations of public security, or criminal punishment, our Civil Code, Public Security Management Punishment Law, and Criminal Law have already stipulated it. So, what is the role of this draft for soliciting opinions as a regulation? The main purpose is to strengthen the supervision of administrative departments as a regulatory basis, and then make up for the coarse and large particles stipulated by laws and regulations, so that national laws and regulations can be better implemented and implemented.

In what situations should the platform activate "one click protection" when a cyber storm occurs?

Researcher Zhi Zhenfeng from the Institute of Law, Chinese Academy of Social Sciences: This time, it is evident that the "Regulations on the Governance of Cyber Violence Information" particularly emphasize the protection of individuals who may become victims of cyberbullying, and particularly emphasize the protection of vulnerable individuals, such as the elderly and minors. This is because they may lack more ability and knowledge, so our law enforcement and regulatory departments need to take a step forward and provide them with more thoughtful protection. So, it is very important for law enforcement and regulatory authorities to require the platform to provide them with one click protection. It also depends on the severity of the specific behavior, for example, if a party has clearly stated in the public stage that they have suffered from online violence, or if mandatory intervention measures are not taken in a timely manner, the consequences may be very serious. So in this situation, law enforcement agencies require the platform to activate one click protection, which is very important.

The new regulations not only constrain but also empower online platforms

Researcher Zhi Zhenfeng from the Institute of Law, Chinese Academy of Social Sciences: Since we want to strengthen the main responsibility of the platform, we must empower it, and give it the ability, qualification, or power to fulfill its responsibilities. Otherwise, consolidating the main responsibility of the platform is just empty talk, because the platform may not have the basis and authority to take such actions. Therefore, Article 28 stipulates that for network users who violate regulations and have minor circumstances, the platform shall take warning reminders and restrict account functions in accordance with the law and agreement; Serious cases require measures such as account closure and cancellation.

It can be seen that accounts that post information on online violence are handled step by step and constantly change according to the severity of the situation. Especially for those who first post, frequently post, organize, or incite the release of online violence information, they will be blacklisted and prohibited from re registering. We know that the cyberspace department manages all platforms, and this prohibits re registration, which is likely to prohibit all platforms from re registering.

How to deal with the hype and rhythm of cyberbullying incidents?

Zhi Zhenfeng, a researcher of the Institute of Law of the Chinese Academy of Social Sciences, said that the network itself is a flow economy and eyeball economy. It is intended to attract attention. No matter for the platform or for the Internet We Media account, there must be some active users, so it can have more business value. It can be seen that Article 17 of the new regulations actually targets at least two types of entities. One type of entity is the general self media operator, and online influencers and other profit-making individuals are prohibited from using online violence to hype up, ride on hot topics, and contribute to the situation. Another provider of online information services, namely the platform, is not allowed to contribute to the occurrence of online violence, nor to provide financial, technical, and other support to accounts that post information about online violence.

So, this regulation is also a very important highlight, very targeted. Another noteworthy aspect here is that our understanding of online violence may be multidimensional and complex. For example, some internet celebrities often say that I have suffered from online violence and have taken up a lot of attention resources, but in reality, they are just hyping up. So this time, the Cyber Violence Information Governance Regulations have also constrained and restricted this behavior.