Who is tethered to the network's violent neck

Reality and network, distance geometry?

Sometimes, very near. A microblog can "clear the way" for those who need first aid, and a few hours to raise money for poor children, and the relay of Love is a rod to pass the positive energy.

Sometimes, it's very far. The internet can have dug three feet of human flesh search, without suspicion accusations, the pattern of insult and slander, but do not need to have "Yan ego" concerns.

When cyber violence moves to reality, who can take its neck?

How much the credibility of traditional media can play

This January 15, the wheat field issued questions Han Han, said its article is likely by Lu Ghost. Although the wheat field soon after the apology and exit the controversy, but the Ark of the rod questioned, and Han began to empty "scold war", both sides fans of the group "defense team" cheer, the situation is unprecedented.

Should be the parties between the query and response, and then developed into their own fans of the lines and attacks, which almost became the network war must have projects.

At the beginning of March this year, actor Chao Wenzho was "a big shot" by the "special status" crew, delaying the crew's progress and then releasing the contract. Chao Wenzho In an interview, said that, Donnie Yen is "play pa", he is actually the other party transfer responsibility victim. Next, both sides to the wrong online with fans "melee" carried out in full swing.

"One of the obvious characteristics of network communication is that it forms a" discourse field ". The field is an impetuous context in which few people care about the facts and few people are willing to verify the true and false. Shiri, a visiting professor at Peking University, says the anonymous nature of the Internet has encouraged the group to provide a platform for venting and expressing.

When the number of microblogging users more than 300 million, the aggregation and participation of netizens far beyond the media such as blog. Shiri said that the internet has formed a "distribution center of emotion and public opinion", it can quickly ignite the mood, convey emotion, enlarge the mood, intensify the mood.

"They have cavity moral indignation and easily aroused righteous impulses, more accustomed to making moral judgments rather than questioning true and false, emotions are easily hit and manipulated by the hype of" magic Bullets, easily fooled by people's stories and scenes. "Shiri said.

When emotions can be "barrier-free" expression, rationality appears futile and the so-called regulation has become a problem.

"Traditional media" "New Media" is a network of public opinion balance, to achieve a strong guide to a very good practice. Shiri said that traditional media "new media platform" successfully migrated its "matrix" traditional media accumulated years of "credibility" wealth, in theory, this makes it should be more "congenital advantage."

Unfortunately, in reality, traditional media is often trapped in the media system, media leaders, capital and talent, and other reasons, the "New media" road is often very difficult, its "new media" after the media products are often lack of market competitiveness, in the new media field of relatively weak influence.

In this case, even if its original "public credibility" is strong, its "new media" is used, its mother "credibility" is also difficult to take effect, so want to borrow the traditional media "new media" later to achieve public opinion guidance becomes more difficult.

"This is the gap between ideal and reality: the ideal is full, the reality is very bony." "Shiri said.

Differences in disclosure of personal information and invasion of privacy

Cyber age, human flesh search is not new words.

2008, Nanjing Jiangning District Real Estate Bureau Director Jiugeng from the publication "will investigate below cost price sell house Developer" improper speech began, step by step by "human flesh" out smoke, wear name table. Subsequently, Jiugeng was indicted on suspicion of bribery.

The "human flesh search" was seen as a triumph of "cyber corruption", which many supporters relish.

It is not difficult to find a specific person and "dissect" him in hundreds of millions of people. A license plate, a picture, a phone number, a word, a diary ... Such clues, after continuous splicing, combination, processing, "food" more and more, more and more rich dishes, a luxurious "information feast" to cook this.

It's just that this meal is not to be enjoyed.

Liu, a professor at the law School of Beijing Normal University, said in an interview with the Chinese youth Daily that human flesh search, as a method of collecting information on the Internet, has a "value neutrality", which can be used as a lawful, legitimate and illegal purpose.

Liu that the current human flesh search is faced with the problem is that netizens in the process of evaluation of the search by the language or insult, defamation and other ways to infringe the right of the search person's reputation.

"We are afraid or do not want people to put their own telephone numbers, work units, home address, e-mail and other personal information on the Internet, is afraid that once the information is published may be abused, such as calling harassing phone, tracking, sending spam messages or mail. ”

But Liu said that the disclosure of personal information and subsequent abuse of personal information can not be confused.

"The definition of privacy and privacy infringement must take into account its relationship to freedom of expression and the supervision of public opinion." Liu said that the legislation to do is not simply to disclose other people's personal dignity is not directly related to individual information acts as a privacy tort, but the subsequent abuse of personal information, especially unlicensed commercial abuse as the focus of regulation objects.

The law is not a pipe, but a high cost of protection

Sohu Weibo bulletin board there is a rumor of Weibo.

"Shandong women's prostitution 300 poor children, love touched countless people!" Quan Zhuang Xiang Guo Jia Guan Zhuang cun, Yishui County, Shandong Province there is a prostitute woman who has funded over 300 poor students from school to university in ten years. "This micro-blog," by Sohu Weibo verification, pure disinformation. This so-called prostitution-aiding event is completely non-existent. ”

The rumor date was in May this year, but in fact it was old news 5 years ago. March 2007, this post has boarded many Forum home page, reprinted more than 200 sites. Over the past 5 years, there have been "lies" revisited.

"Once such information appears on the Internet, there is the possibility of replication, even if the deletion of the original post, the subsequent dissemination of the behavior can not be effectively controlled." Liu said that the internet infringement of the illegal cost of the low, the probability of being prosecuted is also very low.

Liu that, in the context of the Internet abuse, insult, other people's behavior, "if the infringement of the reputation of others, the parties can be in accordance with the general principles of civil law, tort liability Law, the relevant provisions of their legal responsibility." ”

But cyber-violence is not a simple legal issue. The problem now is not that it cannot be found, but that it is difficult for the victim to find a large number of violators. Even if the infringer has been found, the general rules of civil law only require the other party to stop the infringement, eliminate the impact, only to cause a mental infringement only a small amount of compensation. For the victims, the cost of protection is very high.

Before the introduction of tort liability law, Liu had drafted "the expert proposal manuscript of the network tort", but failed to embody in the law of tort liability. He believes that from the source to prevent and reduce the occurrence of network infringement, can gradually curb the phenomenon of cyber violence.

"This is not to control the normal speech of netizens, but to say that your speech can not violate the legitimate rights of others, can not endanger national interests and social public interests." Liu said that attention should be paid to distinguishing the free speech of the public, the normal moral evaluation and the defamation of the people through fabricating facts and insulting defamation. The former should be encouraged;

At present, from the legal norms, many network platform service providers do not advance the "content audit" power, mostly in accordance with the requirements of relevant government departments afterwards control, "in practice, often involving criticism, supervision of the type of information is deleted, blocked." "Liu that, as long as the information does not involve defamation, insult, netizens should be free to express, which is the Constitution and the law of civil rights."

In Liu's view, one of the connotations of freedom of expression is diversity, as long as the Constitution and the law allowed to express different views and opinions, can be questioned and criticized, "we can not ask all of us to be concerned about the point of view of the same."

"Next, the legislation should focus on how to reduce the cost of protecting the rights of victims." Liu said that as long as he proved to be the victim, he could apply to the regulatory department or the court, by asking the relevant website to provide the real information of the infringer, and then take further measures to safeguard human rights.