Research On Governmental Regulation Of Cyber Speech

Internet is one of the most important influencing factors that shape our society.It goes without saying that internet makes our life convenient,but internet also brings us much negative influence,including but not limited much cyber speech endangering public security and infringement of private rights.Based on this phenomenon,it is a commonly accepted idea that cyber speech is a special kind of speech protected by Constitutional Law and legislations;meanwhile,it should be regulated by proper means.This dissertation studies the meaning of the concept of cyber speech,the practices of regulation and gives some suggestion to improve the system of Chinese governmental regulation of cyber speech.This dissertation consists of Preface and six chapters.Preface introduces the reasons to select this topic,research status quo and the arrangement of this dissertation.Chapter 1 explores the meaning of the concept of "freedom of speech",and summarizes the boundaries of freedom of speech in overseas Constitutional Law in force,so as to erect the constitutional foundation of governmental regulation of cyber speech.Chapter 2 summarizes the essence factors of cyber speech,characters of cyber speech,after analyzing the faultiness of A Declaration of the Independence of Cyberspace,proves that cyber speech should be regulated by government in order to guarantee the orderly express of speech,protect public rights and guarantee private rights,peacefully settle disputes between different rights,furthermore cyber speech should by regulated by proper system which different to system regulating traditional speech.Chapter 3 analyzes and summarizes practices of governmental regulation of cyber speech overseas,especially practices of U.S and Great Britain,named the practice of U.S as "governmental regulating cyber speech by means of private internet provide sections adding cyber contents rating and filtering system",named the practices of Great Britain as“cyber speech filtering by internet operation sections and software providers accepted by them of their free will under the leading of government",the means of cyber speech regulation including license to erect websites,writ of injunction,cyber contents rating and filtering system,direct censorship by governmental branches self-discipline and self-limitation by industry organizations;disclosure and refute rumors.Chapter 4 explores governmental regulation of cyber speech of China in the level of norms and practice,concludes that the characters of governmental regulation of cyber speech include comprehensive governmental regulation including political,economical,cultural and private live and so on;the combination of direct and indirect regulation by governmental branches,between the two means the direct regulation as core regulation means;a large number of different governmental branches in charge of regulation duty,and these branches coordination each other.Chapter 5 analyzes the structural defects of existing cyber speech regulation system in China;there are two kinds of defects:the defects in level of norms and the defects in level of practices.As far as norms is concerned,including the norms used to regulate cyber speech decentralized in different documents,furthermore the hierarchy of legal force of some norms too low,some branches formulated norms having no authority,authorization basis of some documents ambiguity and some express not regular,norms of different levels of legal force promulgating same content.As far as practice is concerned,there being two extremes,filtering omitting harmful speech and lock two broad;the outcome of law enforcement in movement style short-lived and the legitimate of real name institution not enough.Chapter 6 puts forward three aspects of suggestion to improve the system of governmental regulation of cyber speech of China,including taking the advantage of guiding mechanical of cyber speech,proving management duty of industry organizations;classification cyber speech as different kinds and following different extent to regulating them,promulgating real-name institution by law or administrative regulations;the main liability those who violated norms should burden being administrative liability in nature.