Study On The Regulation Of Freedom Of Expression Under Network

Freedom of expression is the basic civil rights and the foundation of democracyand rule of law. After newspaper, broadcast and television, network plays veryimportant role in our daily life. Network in its unique form has broken thelimitations and monopoly position of the traditional media on the freedom ofexpression. Because of the emergence of the network, we can say that the rightsof freedom of expression of the citizen have reached its summit.Not only that, network has also its own characteristics, for instance,anonymity, openness, autonomy and interaction. These characteristics provide ahigh degree of freedom when people spread ideas and express their opinions throughnetwork. We can say that the expression of self-worth, opinion and emotion willnot be a problem in this virtual network. The blog, Bulletin Board System (BBS)and chat tools have become our object of talk. Network provides us with more freedomand convenient and fast way to express our thoughts freely. However, when citizensexercise the rights of the freedom of expression under network, usually the rightsof citizens'freedom of expression collided with the security of the country andother rights of the citizens.In our country, the study on the freedom of expression under network has acertain amount of promotion. However, we have to admit that the promotion has notbrought qualitative change. The entire research field still lacks systematization.Alternatively, we can say, the study is in merely start level. The researchersusually do things in their own way. On the one hand, the high degree of freedomhas its positive value. On the other hand it also likely produces negative impact.This certainly will attract the attention of the experts and the scholars on thefreedom of expression under network. Therefore, in order to promote the healthydevelopment of the freedom of expression under network and the democracy, whenprotecting the freedom of expression under network, the governments all over theworld have formulated some laws and regulations so as to regulate the freedom ofexpression under network. From the conception of the freedom of expression under network starting, thepaper analyzes the characteristics of the freedom of expression under network.For example, the expression of the citizen under network has the characteristicsof anonymity, openness, autonomy and interaction. Because of this, in the thirdpart, the paper analyzes the reason to regulation the freedom of expression undernetwork. That is, it usually conflicts with the national security, the citizens'right of the reputation, privacy and copyright and so on. In the fourth part, thepaper mainly introduces the common law countries and the civil law countries howto regulate the freedom of expression under network. Take the common law countriesand civil law countries for example,the purpose is to find out the basic proceduresof the two legal system countries on how to regulate the freedom of expressionunder network so as to provide our country an important reference value for thestudy on the regulation of freedom of expression under network. On the basis, inorder to the healthy development of the expression under network, in accordancewith the national conditions of our country, in the fifth part the paper putsforward some thoughts on how to regulation the freedom of expression under networkin our country. For instance, to strengthen legislation on the freedom ofexpression under network, to intensify the administrative accountability system,to norm the responsibility of internet service provider, to reinforce thetechnological control, to give full play to trade associations and so on.