Protection And Restrictions On Freedom Of Expression In The Cyberspace

Diversity of information is the foundation for building a modern social-democratic conditions. Although newspapers, magazines, radio and television and other traditional media remains a powerful influence today, the rapid development of Internet technology has occupied an increasingly important position in social life, which has surpassed the expectations of its designers. In the terms of information dissemination and expression of opinions, the Internet is more open, free, interactive than any existing method that the mass media. It is not only for people to enhance their knowledge and access to truth by providing more information resources, but to provide opportunities for citizens to build a new platform for interactive participation. The position of expression in network is increasingly prominent among the various forms of freedom of expression. Like other new technologies, the development and popularization of the Internet also has many dark shadow attendant, in particular in the process of freedom of expression combined with the network technology. The issue that freedom of expression in the network is not only a focal point for more and more scholars in law, sociology and other fields, but also a hot topic for increasingly large groups of Internet users. Focus of discussion often focused on the protection and restrictions of freedom of expression in the network. This paper attempts to make some discussion about restriction and protection and the relationship between the two aspects in the whole, and make recommendations accordingly about the issue of regulations.As a new form of the freedom of expression, research of freedom of expression in the cyberspace should be based on the theory of freedom of expression firstly. In order to build a unified platform for discussion, the paper described the chosen of the title, "freedom of expression", and defined the freedom of expression from both the connotation and extension. On the basis, open, interactive, anonymous and low-cost, the four typical characteristics of the freedom of expression in the cyberspace were generalized. Discussion of these four basic characteristics is not only the foundation of the study, and will always run through the article. The issue that the freedom of expression in the network is should be protected to is a indisputable consensus, and this reason is that the freedom of expression in the nerwoek is valuable. The so-called value is referring to objective usefulness which is things for people. These usefulness attached to the value of freedom of expression, and had some new development, which were summarized as the freedom of expression in the network have been addressed to the truth expression is a new way,to a new platform of democratic participation, good self-realization of new trails and social stability aids such as four special value.When we affirm those values, in the same time, many defects are also increasingly exposed in the exercise process of freedom of expression in the network. How to get the coordination between the protection and restrictions of freedom of expression in the cyberspace became unavoidable. From the position of relativism, this article clear contradiction between the limitation and security from a general sense, and provide a rational for the restrictions on freedom of expression in the network, and select the three principles of a specific description, namely, the principle of clear and present danger, the principle of prohibiting prior restraint and the principle of proportionality in order to the balance between guarantee and restrictions on freedom of expression in the network.The discussion of the protection and the limitations of freedom of expression on the Internet are for the construction of the system of regulation in practice. The study of freedom of expression had a long history, but the research of freedom of expression on the Internet around the world is still a gradual process of exploration. In the trend of globalized popularity of the Internet technology, development of the system of security and restrictions on freedom of expression in the network can not divorce oneself from the mass and from reality act blindly. This article choose German, U.S. and South Korea for our reference which has the typical characteristics in legislation, balance of interests, and public participation in network management. Then it analyzed comprehensively the regulation of expression in the cyberspace of our country from the legislation, industry self-regulation, specific aspects of governance and supervision of technical, and made recommendations on this questions accordingly.