Strengthening the governance of online rumors through legal means

2024-12-16

In today's internet age, it is an era of information explosion, with various types of information flooding into people's lives, including the presence of online rumors. Even some online accounts fabricate rumors about unexpected events, public policies, and other events by fabricating them out of thin air or stirring up old news, misleading the public and causing panic. Online rumors often lead to irrational group identification among individuals in cyberspace who are unable to verify the authenticity of information. Compared to traditional media, online rumors present new characteristics such as fragmented dissemination, emotional content, and public consequences. One of the important reasons why online rumors are widely concerned by the public is that the "theme" of the rumors is closely related to the daily life, work, or psychological needs of the public, providing a space for the rapid spread of rumors. After some sudden public events occur, the public is eager to know the true information of the event. And relevant government departments need to report information from bottom to top. When the reporting process and procedures are slightly delayed, or when some places and government departments conceal information, avoid the important and focus on the trivial, and do not objectively disclose event information, it will lead to the proliferation of rumors, or even a chaotic situation of spreading rumors and hearsay. At this level, timely, sufficient, and accurate disclosure of relevant public information by the government to meet the public's public information needs in various fields and aspects is a necessary measure to avoid and eliminate online rumors. Online rumors, due to their fast spread, strong influence, and great appeal, often cause serious damage to social order, state organs, or specific individuals. The creators and spreaders of online rumors can achieve their expected goals at an extremely low cost. Moreover, many losses caused by online rumors are intangible, such as social panic, decreased credibility, social disorder, and damage to reputation. It is difficult to accurately define the amount and degree of losses, and the causal relationship between improper consequences and the fabrication and dissemination of online rumors is also difficult to define. Especially for disseminators who do not know the truth, their behavior itself does not have subjective intent, and even if there may be subjective intent, it is difficult to verify. There are many reasons why online rumors are repeatedly banned, and one important reason is "interest driven". In the era of the Internet, traffic is a new product with specific value, and the traffic economy has emerged. Some people maliciously fabricate false information to attract "fans", obtain "traffic", expand their influence, and directly or indirectly seek illegal benefits. The governance and supervision of online rumors rely on the rule of law. At present, the Civil Code of the People's Republic of China, the Criminal Law of the People's Republic of China, the Cyber Security Law of the People's Republic of China, the Public Security Administration Punishment Law of the People's Republic of China, the Internet Information Service Management Measures, etc. all have provisions on the governance of online rumors. In order to maintain a clear, civilized, and orderly online environment, in the future, in addition to increasing regular network monitoring, shutting down illegal and irregular accounts, clearing up rumors, and severely punishing the spread of rumors, governance can also be strengthened from the following aspects. One is to improve the relevant laws and regulations on the governance of online rumors. The role of the rule of law is to solidify the foundation, stabilize expectations, and benefit the long run. For the governance of online rumors, the most important thing is to improve legislation. Online rumors spread rapidly and pose great harm. Special legislation should be enacted on the legal meaning, nature, compensation for damages, and liability determination of online rumors. The governance subject, governance procedures, and supervision mechanisms should be regulated, and the civil, administrative, and criminal liability system for rumor mongers, spreaders, and other subjects should be improved to play a normative, guiding, educational, and punitive role in legislation. The second is to leverage the active participation of online platforms in governance. Online rumors are a product of the widespread use of modern information technology. Rumors are widely spread through platforms, which requires the active participation of online platforms in governance. Departments such as cyberspace, industry and information technology, and market supervision should increase their inspection and supervision efforts, strengthen the main responsibility of online platforms, and guide user behavior. Online platforms should use their technological advantages to timely detect and handle illegal information; Monitor and review online rumors within the scope of "identifiable" capabilities, actively take measures to prevent the spread of easily recognizable rumors, and report to public security organs in a timely manner, otherwise corresponding responsibilities will be borne; For unforeseeable or difficult to identify online rumors, as long as the platform fulfills its reasonable duty of care and review, and even takes certain measures to prevent them, it can be exempted from responsibility. The third is to explore a public interest litigation mechanism against online rumors. Public interest litigation refers to a system design in which people's procuratorates or other organizations file lawsuits as plaintiffs in public interest litigation in accordance with the Civil Procedure Law and the Administrative Procedure Law. Currently, this system has been promoted and applied in areas such as environmental resource protection, state-owned land protection, and food safety, playing an important role in protecting public interests. Online rumors can have a destructive effect on public order such as social economy, culture, life, and security, which is detrimental to the overall interests of society and the country. It is possible to explore incorporating them into the scope of application of the public interest litigation system, punishing offenders through public interest litigation, and strengthening the protection of public interests. The fourth is to enhance the public's information judgment and sense of responsibility. For a long time, China has adhered to the principle of "whoever enforces the law shall popularize the law". Relevant departments should increase the popularization of knowledge among netizens, improve their media literacy, cultivate the habit of rational analysis and judgment when publishing opinions, receiving information, and forwarding information. When facing information that is difficult to distinguish between true and false, we should remain vigilant, especially when verifying hot topics or information that may trigger public opinion and panic through official channels, so as not to blindly follow the trend and avoid spreading rumors. (New Press) (The author is a professor at the Law School of Yunnan University)

Edit:Rina    Responsible editor:Lily

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