Notice: Undefined index: OS in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/const.inc.php on line 64 Notice: Undefined variable: siters in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 2414 Notice: Undefined index: User in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/const.inc.php on line 108 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 3607 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 3612 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 70 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 74 Notice: Undefined index: User in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 158 Notice: Undefined index: SID in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 177 Notice: Undefined index: UID in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 179 Notice: Undefined variable: UserName in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 180 Notice: Undefined variable: Mobile in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 181 Notice: Undefined variable: Email in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 182 Notice: Undefined variable: Num in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 183 Notice: Undefined variable: keyword in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 184 Notice: Undefined index: ac in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 189 Notice: Undefined index: CHtml in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 191 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 201 Notice: Undefined index: t in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/info_view.php on line 40 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 3607 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 3612 Notice: Undefined variable: strimg in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 3612 Notice: Undefined offset: 1 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 617 Notice: Undefined index: enseo in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 3076 Notice: Undefined variable: TPath in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/info_view.php on line 125 What can we do in the face of cyber violence-瞭望新时代网

Law

What can we do in the face of cyber violence

2022-02-22   

"The microblogging station investigated and dealt with the contents related to the Winter Olympic Games, cleaned up 41473 illegal microblogs, and banned 850 accounts for 30 days to permanent prohibition depending on the degree", "Shaking tiktok, through model identification, reporting and acceptance, public opinion monitoring, and other means, intercepts and cleanup the relevant illegal video and comment content 6780 articles, and accounts for 331 tearing, inciting opposing and internet violence defamation activities, and taking the banned circumstances or even blocking accounts, etc." during the Beijing Winter Olympic games, Some uncivilized behaviors on the Internet have seriously affected the atmosphere of watching the game. Many platforms have made heavy attacks, banned a number of extreme accounts, and severely cracked down on acts such as online violence and online rumors. The popular drama "beginning" some time ago also makes people reflect on online violence. With the development of Internet technology in recent years, more and more ordinary people have ways to express in public space, which also makes many people lose their due norms at once. In the era of "everyone has a microphone", the seemingly "less important" words and deeds on the Internet are likely to turn the "sound wave" of Internet users into a sharp blade after being amplified and spread on the Internet. Which behaviors belong to cyber violence? Who is the biggest victim of cyber violence? How to avoid turning "cyber justice" into "cyber violence"? All of the above have become issues that need to be considered at present. What is cyber violence? A clear definition is necessary "Don't make comments without knowing. No snowflake is innocent during the avalanche." When it comes to cyber violence, Lin pin, a teacher at the school of Arts of Capital Normal University, recalls his personal experience two years ago. At that time, because he made remarks about a star, he suffered cyber violence from a group of extreme fans for a period of time. What is cyber violence? "At present, there is no clear definition. It is more summarized from a local perspective. For example, hate speech, false news, violent and terrorist speech, etc." Wu Shenkuo, executive director of the International Center for the rule of law on the Internet of Beijing Normal University and deputy director of the research center of China Internet association, believes that it is necessary to make a clear definition of cyber violence in the Internet era, but this definition must be a dynamic, constantly changing and expanding concept. According to Liu Deliang, a professor at Beijing Normal University and director of the Asia Pacific Network Law Research Center, cyber violence is not a legal term. It may be involved in different disciplines and can be regarded as a tort against specific individuals in the online public space. "This kind of behavior is often initiated by one person, with a large number of participants, high frequency of public interaction and cross platform communication. Its harmful consequences are unpredictable and uncontrollable. It is usually accompanied by violations such as infringing people's reputation, disclosing people's privacy and insulting people's dignity." Liu Deliang said. As for the causes of network violence, Liu Deliang believes that the network is virtual and anonymous, which makes users ignore the real social identity, moral norms and rules and regulations in the process of using the network, and guide the trend of events with the psychology of "the law is not responsible for the public"; In addition, the legal level does not require the public information release platform to undertake the obligation of prior review of users' information release behavior, but can only dispose of the information through post relief, which contributes to the arrogance of "network spray", "network water army" and "keyboard man". In many cases, there is malicious guidance behind the spread of cyber violence, which also leads to the complexity and urgency of governance. "Take the entertainment industry as an example. In many scenes, the expression of fans is very easy to get out of control, and online violence will follow." Lin pin, who has paid attention to fan culture for many years, also has deep feelings. He believes that some traffic teams have long implemented fan operations aimed at disciplining "fan users" into "data workers", and established a chain from "abusing fans - fixing fans" to "tearing resources - competing for positions" and then to "urging krypton gold - cutting leeks". The commercial and capital factors behind them need to be vigilant and critical. A legal perspective on cyber violence The network world is a parallel and blending world with the real world. Therefore, cyberspace has never been a place outside the law. Anyone whose words and deeds on the Internet exceed the reasonable boundary of freedom of speech will bear the corresponding consequences and pay the legal price. Judging from the judicial decisions on cyber violence in recent years, the two more influential cases are "the suicide case of an, a female doctor in Deyang after cyber violence" and "the slander case of a woman taking express delivery in Hangzhou". Among them, the Hangzhou woman was sentenced to fixed-term imprisonment of one year and suspended for two years for libel. In the case of Deyang female doctor, the court found that the acts of the three defendants had constituted the crime of insult, and sentenced the defendant Chang to fixed-term imprisonment of one year and six months according to law; Chang was sentenced to fixed-term imprisonment of one year and suspended for two years; Sun Moumou was sentenced to six months' imprisonment and suspended for one year. In real life, there are countless similar cases. In this regard, Liu Deliang expounded his concerns: "Traditional laws and regulations adopt the way of post relief, which can not fully adapt to the changes in the network field. In the Internet era, the cost of information follow-up dissemination is low, and it is difficult to control the follow-up dissemination. The way of post relief is no longer in line with the law of information dissemination in the Internet era. Therefore, Internet legislation must be followed up in time, and law enforcement must be strengthened to effectively stop the phenomenon of online violence, Purify the network environment. " Through in-depth analysis of these cases, it can be found that the spread of online violence is often accompanied by chaos such as human flesh search, which also highlights the leakage of personal information and personal privacy. "The leakage of personal information and data is an important link in the expansion of the influence of network violence. Therefore, in the process of network violence governance, strengthening the protection level of personal information and data security is a very key link." Wu Shenkuo said. In the personal information protection law of the people's Republic of China, which was officially implemented in November last year, it clearly mentioned the obligation to strengthen important Internet platforms and strengthen the punishment mechanism and intensity of infringement of personal information. In this regard, Liu Deliang believes that network infringement has the characteristics of anonymity, and the infringed cannot know the direct subject of the infringement. Therefore, as a provider of information release platform, network service providers should disclose the information of network users who have committed the infringement to the infringed within their ability, so that the infringed can safeguard their legitimate rights and interests. Which netizens are more likely to become perpetrators and victims of violence Dong Chenyu, a lecturer at the school of journalism of Renmin University of China, conducted a questionnaire survey on middle school students in some areas of Shanghai in 2019. Nearly 90% of the students believed that they had suffered or witnessed cyber violence. "What we are particularly worried about is that under the question 'what would you do if you were subjected to verbal violence or personal threats on the Internet', the highest ranking is to choose self digestion, and the lowest ranking is to tell teachers or parents. This shows that parents and schools have not established enough trust with their children, and have not made children aware that they can ask for help in case of online violence." Dong Chenyu said. The latest report of China Internet Network Information Center shows that the number of Internet users in China has reached 1.011 billion, and the number of Internet users aged 6 to 19 has reached 158 million, accounting for 15.7% of the total number of Internet users. With the further expansion of the age structure of Internet access to young people, the adverse impact of the Internet on young people has also attracted extensive attention from all walks of life. Dong Chenyu said that in the pre Internet era, people pay more attention to campus violence in reality. At this time, parents will consciously tell their children, "if someone bullies you, tell your parents or teachers"; But in the Internet age, students may not take the initiative to say, "teacher, someone scolds me on the Internet". "In other words, we have not intervened effectively enough in this transformation, which is also an important problem in media literacy." Dong Chenyu believes that from the perspective of the influence of "network disinhibition effect", the network will inhibit some "social norms" in a broad sense. Many times, online interaction can not get timely feedback. When online violence occurs, the perpetrator can't see the victim, and the perpetrator will be more unscrupulous in inflicting harm, turning many problems that could have been discussed into an "online curse war", leading to rationality Moderate and constructive remarks are squeezed or blocked and become a "silent majority". "Most of the netizens involved in online violence are younger and less educated users. They have full confidence in their views, but in fact their knowledge is very limited." Lin pin said they need to satisfy the imagination that "they are right" by attacking others. In addition, many fans in the entertainment industry will fall into the information cocoon room built by the fan operators of the traffic star team, "professional fans" and "pink head" for a long time, and frequently receive all kinds of low-quality and irrational information in the "cocoon room", resulting in continuous stimulation of spirit and emotion, and easy to fall into the binary opposite thinking of "friend or enemy, powder or black", Divide the rich and diverse voices in cyberspace into either one or the other. In addition, from the perspective of personality traits, Dong Chenyu believes that perpetrators often have aggressive personality and extremely lack empathy. In other words, the higher a person's aggressive personality, the easier it is to interpret ambiguous information as hostile information. Network civilization needs to work in many ways for a long time "The governance of cyber violence needs to pay attention to many factors: we should not only improve citizens' media literacy and civilized quality by guiding education, but also promote the Internet platform to effectively fulfill its main responsibility by improving the government supervision and social supervision mechanism." Lin pin said. "We should combine the prevention of violence with the prevention of violence afterwards." Liu Deliang suggested that the dissemination of network information is inseparable from the network platform. We should first start with the regulation platform, clarify the responsibility for the prior review of the platform in the law, identify pictures, words and voice through technical means such as artificial intelligence and big data, filter obvious infringement information, and other hidden infringement information, The victim can inform the platform to delete, block and disconnect links; Strictly implement the network real name system and restrict citizens from speaking recklessly on the Internet, so that they can be held accountable in time after the occurrence of network violence; Increasing the legal accountability of the infringer or the platform for failing to perform the main responsibility, reducing the cost of defenders and increasing the cost of infringers are not only the relief to the victims, but also the deterrence and containment to the infringers. In terms of improving the regulatory mechanism, Wu Shenkuo believes that an effective complaint reporting mechanism should be established in time to ensure that people's complaints and reports can be handled quickly, effectively and conveniently, "so that cyber violence can be found as soon as possible and strangled in the bud". In order to create a civilized, healthy, festive and peaceful Spring Festival online public opinion atmosphere, on the eve of the Spring Festival this year, the central network information office launched a one month special action of "Qinglang · 2022 Spring Festival Network Environment Remediation", including focusing on the remediation of online violence, spreading rumors and other issues. Since the launch of the special action, local cyber information departments and Internet platforms have responded positively and concentrated on the special rectification of cyber violence. Network society is a virtual space formed by the link of real society through the Internet. To strengthen the construction of civilized society, we should also strengthen network civilization and network ethics

Edit:Luo yu Responsible editor:Wang xiao jing

Source:Guangming Daily

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