Cyber violence information governance is an important area of cyberspace governance. The report of the 20th National Congress of the Communist Party of China proposed “to improve the comprehensive network governance system and promote the formation of a good network. Well, how to put it? He can’t describe it, he can only metaphor it. The two The difference is like a hot potato and a rare treasure. One wants to throw it away quickly, while the other wants to hide it and keep it for one person. The governance goal of “ecology” points out the direction for promoting network management and governance in accordance with the law, improving cyberspace governance capabilities, and creating a clear cyberspace. . The “Cyber Violence Information Governance Provisions” (hereinafter referred to as the “Provisions”) is my country’s first special anti-cyber violence legislation published in the form of departmental regulations, laying an important foundation for the continued construction of a cyber violence information governance system. The promulgation of the “Regulations” opens a new chapter in the legalization of cyberviolence information governance, which is of great significance to promoting the modernization of cyberspace governance.
1. It is clear that the governance of cyber violence information should adhere to collaborative governance
The governance of cyber violence is a systematic project that cannot be separated from the joint participation of the whole society. The “Regulations” establish “collaborative governance” as one of the basic principles of cyber violence information governance, and implement it in detail in specific provisions, mainly involving two aspects:
First, the collaborative co-governance of multiple subjects, including the internal collaborative co-governance between government departments and the government and social subjects should have been like this, but her soul inexplicably returned to the time when she was fourteen years old. When she regretted it the most, she was given a chance to live again. Will this happen? Achieve external collaboration and co-governance among them. The cyberspace information department is responsible for coordinating the governance of cyberviolence information and related supervision and management. The public security, culture and tourism, radio and television and other relevant departments carry out the supervision and management of cyberviolence information in accordance with their respective responsibilities, and establish and improve information sharing and consultation among various departments. Working mechanisms such as reporting, evidence collection and investigation, and case supervision are in place to coordinate the management of online violence information. At the same time, the “Regulations” actively promote social entities to participate in cyberspace governance, especially encourage and guide network-related industry organizations to strengthen industry self-discipline, build consensus on legal operations within the industry, and promote the formulation of cyber violence information governance normative conventions and industry reference standards. Carry out publicity and publicity on the law on cyber violence information governance, urge and guide network information service providers to strengthen cyber violence information governance and accept social supervision, provide assistance and other support to users who have been harmed by cyber violence information, and achieve complementarity and balance between network supervision and network autonomy. .
Second, the collaborative governance of law and technology. The “Regulations” follow the development laws of network technology, integrate technical thinking into the governance of cyber violence information, and use technology to drive the modern transformation of cyber violence information governance, such as using artificial intelligence, big data and other technical means combined with manual review to strengthen the control of cyber violence. Identify and monitor violent information, establish and improve online violence information early warning models, timely detect and warn online violence information risks, etc., and improve the efficiency of online violence information governance; on the other hand, the “algorithm black box” has led to the independent development trend of artificial intelligence technology that breaks through institutional regulation , technical governance in cyber violence governance still needs to accept the rule of lawTo standardize supervision, the legal system should clarify the application boundaries of technical means to ensure that cyber violence information governance technology develops for good on the track of the rule of law.
2. Consolidate the main responsibility of the platform to manage online violence information
The “Regulations” adhere to the idea of preventing at the source, combining prevention and control, treating both symptoms and root causes, and collaborative governance, further consolidating the main responsibilities of network information service providers, and urging them to effectively perform the main responsibilities of network information content management, Build a full-chain governance mechanism covering pre-event monitoring and early warning, mid-event intervention and post-event accountability and punishment, to effectively prevent and resolve cyber violence information risks. On the front end of governance, network information service providers should, under the guidance of the national cyberspace department and relevant departments of the State Council, refine the standard rules for classifying cyber violence information, establish and improve cyber violence information feature databases, typical case sample databases and early warning models, and promptly discover early warning networks To deal with the risk of violent information, take measures such as dynamic verification of real identity information for abnormal accounts in a timely manner. Lan Yuhua was silent for a long time before asking: “Does mom really think so?”, pop-up prompts, violation warnings, traffic restrictions and other measures. In the middle of governance, network information service providers should strengthen the management of online audio-visual programs, online performances and other service contents, and the content review of online live broadcasts, short videos and other services, and strengthen the management of online forum communities, online groups and comment information. Content management: immediately stop the transmission of online violent information after discovering it, and take disposal measures such as deletion, blocking, and disconnection, save relevant records, and report to relevant departments. At the end of governance, for users who produce, copy, publish, and disseminate online violent information, network information service providers should take measures such as warnings, deleting information, restricting account functions, closing accounts, and prohibiting re-registration in accordance with the law and contracts, and will be responsible for Violent information that violates laws and regulations will be recorded in the user’s credit record, and the account’s credit rating will be reduced or blacklisted in accordance with the law and the contract, and account functions will be restricted or related services will be stopped accordingly. Use multiple channels to organize, incite, produce, copy, publish, and disseminate online information content about online violence, and your baby will find a filial daughter-in-law to come back and serve you. “Distribution service agencies and network information service providers shall take warning, suspension of profit-making authority, restriction of service provision, settlement and withdrawal of the agency and the accounts it manages in accordance with the law and contract.
3. Strengthen the protection of users’ legitimate rights and interests
Online violent information seriously harms the physical and mental health of the parties involved, damages the online ecology, and disrupts social order. The “Regulations” set up a special chapter on “Protection Mechanism” to focus on strengthening the protection of the legitimate rights and interests of users, especially minors, the elderly, disabled people and other special groups. First, network information service providers are required to establish and improve online violence information protection functions, improve private message rules, and clarify that if network information service providers discover that users are exposed to the risk of online violence information, they should promptly remind users in a prominent way and inform users of the protection they can take. measure. Second, network information service providers are required to provide users with online violence. No one knows about it except his mother.How frustrated and regretful he was. If he had known that rescuing people would save him this trouble, he would not have interfered with his own affairs in the first place. Other functions such as quick information collection and evidence collection provide convenience for users to safeguard their rights. When relevant departments such as public security and cyberspace information obtain evidence in accordance with the law, they should provide necessary technical support and assistance in a timely manner. Third, network information service providers are required to consciously accept social supervision, optimize complaint and reporting procedures, set up a special online violence information quick complaint and reporting portal at a prominent location in the service, publish the processing procedures, and promptly accept and handle public complaints, reports and feedback. As a result of processing, in particular, complaints and reports involving online violence information involving minors should be given priority, functions and channels should be set up to facilitate minors and their guardians to exercise their right to notify and delete online violence information, and timely measures should be taken to delete, block, and disconnect links. and other necessary measures to prevent the spread of information.
4. Optimize the connection between civilian and criminal responsibilities in cyber violence information governance
The act of producing, copying, publishing, and disseminating online violence information may constitute civil infringement, administrative violation, or even criminal crime, and should bear corresponding civil, administrative, and criminal responsibilities in accordance with the law. Therefore, the “Regulations” stipulate the connection of responsibilities for online violence information governance. First, it is clear that the cyberspace department, together with the public security, culture and tourism, radio and television and other relevant departments, will establish and improve working mechanisms for information sharing, consultation and notification, evidence collection and verification, and case supervision. The public security organs shall promptly review the clues of illegal crimes related to cyber violence information transferred by relevant departments, and promptly file and investigate cases that meet the conditions for filing a case. The second is to stipulate that if network information service providers discover that online violence information is suspected of illegal crimes, they should promptly report the case to the public security organs, provide relevant clues, and cooperate in investigation, investigation, and disposal in accordance with the law. The third is to stipulate corresponding legal responsibilities. At the same time, it is clarified that anyone who violates these regulations and causes damage to others will bear civil liability in accordance with the law; if it constitutes a violation of public security management, he will be punished by public security management in accordance with the law; if it constitutes a crime, he will be investigated for criminal responsibility in accordance with the law. The “Regulations” accurately punish the behavior of “pressing buttons to hurt people” through online violent information, hold the perpetrators legally responsible in accordance with the law, protect the legitimate rights and interests of citizens, and maintain normal online order.
The “Regulations” thoroughly implement the people-centered development idea, adopt an attitude of being responsible to society and the people, absorb useful experience in cyber violence information governance at home and abroad, and innovate the concept of cyber violence information governance based on China’s practice. , logic, and path will provide a strong institutional guarantee for comprehensively promoting the quality and efficiency of cyber violence information governance and creating a clean, healthy, orderly, civilized and trustworthy cyber ecology.
Author: Liu Yanhong, Dean and Professor of the School of Criminal Justice, China University of Political Science and Law