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 the governance goal of “improving the comprehensive network governance system and promoting the formation of a good network ecology”, in order to promote network management and governance in accordance with the law and improve cyberspace. Governance capabilities and creating a clear cyberspace point the way. 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 entities includes the internal collaborative co-governance between government departments and the external collaborative co-governance between the government and social entities. The cybersecurity and informatization department is responsible for coordinating the governance of cyber violence 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 cyber violence 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 case supervision, etc., to coordinate the management of online violence information. At the same time, the “Regulations” actively promote the participation of social entities 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 the governance of cyber violence still needs to accept the normative supervision of the rule of law. The application boundaries of technical means should be clarified through the legal system to ensure that cyber violence information governance technology develops for the better 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 prevention at the source, combination of prevention and control, treatment of both symptoms and root causes, and coordination and cooperation.The idea of governing online violence information will further consolidate the main responsibilities of network information service providers, urge them to effectively perform the main responsibilities of network information content management, and build a full chain of governance covering pre-event monitoring and early warning, intervention and handling during the incident, and post-event accountability and punishment. Mechanism 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 violent information risks, measures such as dynamic verification of real identity information, pop-up prompts, violation warnings, and traffic restrictions should be promptly adopted for abnormal accounts. 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. For multi-channel distribution service organizations of online information content that organize, instigate the production, copy, publish, and disseminate information about online violence, network information service providers shall, in accordance with the law and in accordance with the contract, take warnings, suspend profit-making authority, and restrict the provision of such organizations and the accounts they manage. Services, settlement, clearance and other disposal measures.
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 prompt users in a prominent manner and inform users of the protection they can take. measure. Second, network information service providers are required to provide users with functions such as quick evidence collection of online violence information to facilitate users’ rights protection. 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. Processing results, especially information involving online violence involving minors should be prioritizedComplain and report, set up functions and channels to facilitate minors and their guardians to exercise their right to notify and delete online violence information, and take necessary measures such as deletion, blocking, and disconnection in a timely manner 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. The first is to make it clear that the cyberspace department will work with the public security, culture and tourism, radio and television and other relevant departments to establish and improve information sharing, consultation and notification, and evidence collection and verification. “I am not angry, I just accepted the fact that I have nothing to do with Mr. Xi.” Lan Yuhua said calmly without changing her expression. Case supervision and other working mechanisms. 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 perpetrators legally accountable in accordance with the law, protect citizens’ legitimate rights and interests, and maintain normal online order.
The “Regulations” thoroughly implement the people-centered development philosophy, and adopt an attitude of being responsible to society and the people, absorbing useful experience in cyber violence information governance at home and abroad, and innovating 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