What should I do when encountering online bullying during the implementation of new regulations? Prosecutor's interpretation
2024-08-06
The "Regulations on the Governance of Cyberbullying Information" (hereinafter referred to as the "Regulations") have been officially implemented, and there will be rules to punish "key press injuries". How will the new regulations punish online violence? How do ordinary people deal with online violence? The reporter recently interviewed several prosecutors who have been engaged in handling online cases for a long time. The Regulations, jointly issued by the State Internet Information Office, the Ministry of Public Security, the Ministry of Culture and Tourism and other departments, is the first special anti cyber violence legislation in the form of departmental regulations in China. The Regulation clarifies general provisions, prevention and warning, information and account disposal, protection mechanisms, and other aspects, aiming to govern online violent information, create a good online ecology, safeguard the legitimate rights and interests of citizens, and maintain social public interests. Lai Yufang, Director of the First Procuratorate of Qinghai Provincial People's Procuratorate, said that with the iteration and popularization of the Internet, online social platforms have become an important channel for people's social exchanges. Network information service providers should not only provide network services to users, but also assume management responsibilities. The Regulations have strong pertinence in the governance of online violence information, and the highlight is the detailed and comprehensive provisions on the responsibilities and obligations of online information service providers. The Regulation specifies that network information service providers should establish and improve the protection function against online violence, such as providing convenient options for users to set up blocked accounts, the visible range of their posted information, and prohibiting the reposting or commenting on their posted information; Provide convenient options for users to set up protection against online violence such as only receiving private messages from friends or rejecting all private messages, and encourage the provision of intelligent blocking of private messages or custom blocking words for private messages. At the same time, in terms of information and account disposal, the "Regulations" stipulate that if network information service providers discover illegal information related to online violence, or if they discover harmful information related to online violence in prominent locations or key links that are likely to attract user attention, they should immediately stop transmission, take disposal measures such as deletion, blocking, and disconnection, keep relevant records, and report to relevant departments; Network information service providers should strengthen the management of comment content, online forum communities, and online groups. If they discover the spread of online violence information, they should promptly take measures such as deleting, blocking, closing comments, stopping related services, restricting speech, and removing from groups. How can ordinary people protect their rights against online violence after the implementation of the new regulations? What obligations should the platform undertake? Guo Xiang, Deputy Director of the Second Procuratorial Department of Chengbei District People's Procuratorate in Xining City, Qinghai Province, introduced that before the promulgation of the "Regulations", it was difficult for individuals to obtain evidence of online violence information, mainly relying on their own screenshots, recordings and other retained information. The "Regulations" clearly stipulate that network information service providers should provide users with functions such as quick evidence collection of online violence information, and provide convenience for users' rights protection in accordance with the law and agreements. Network information service providers who discover suspected illegal or criminal activities shall promptly report to the public security organs, provide relevant clues, and cooperate with the investigation, investigation, and disposal work in accordance with the law. This provides a lot of convenience for the judicial organs to carry out their work, and the fixation of evidence will be more convenient, "Guo Xiang said. Lai Yufang stated that after encountering online violence, individuals should first use the functions set by network information service providers such as blocking, private message settings, and comment management to protect themselves and avoid the expansion of online violence. Secondly, evidence should be collected as soon as possible. Users have the right to request network information service providers to provide quick evidence collection functions for online violence information. After completing the evidence collection, they can report or complain to information processors, platform managers, and network service providers, requesting them to delete or block relevant information in a timely manner and protect their personal privacy. If online violence reaches the level of illegality, such as personal attacks, threats, defamation, etc., one can report to the police or seek legal assistance, file a civil lawsuit or pursue criminal responsibility with the judicial authorities. According to the Regulations, relevant departments will impose penalties on network information service providers who violate the regulations in accordance with relevant laws and administrative regulations. If there are no provisions in laws and administrative regulations, relevant departments such as cyberspace administration shall give warnings, issue criticism notices, order rectification within a specified time limit, and impose fines based on their responsibilities. (New Society)
Edit：Lubaikang Responsible editor：Chenze
Source：XinhuaNet
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