On The Legal Protection Of Free Speech In The Tri-networks Convergence

Freedom of speech has been regarded as the first right of the citizens. The media as "social instrument" and "marketplace of idea", have a prominent role in public issues, public opinion, information dissemination, and the right to speak, to realize the freedom of speechan important place. With the development of Internet technology and China's cultural industry, the media industry both in form and content of major adjustments, and limited commercial operation of our implementation of the media reform is gradually exposed to excessive constraints such as the administrative power of the media industry, the role of the media unitsdislocation and anomie, the monopoly of information, technical control and totalitarianism harm as well as entertainment and other drawbacks of democracy, the legal protection of our freedom of speech facing a new issue.At present, China is still at a low level of legal protection for the freedom of speech."The Tri-networks Convergence" to build three-dimensional communication networks in the context of integration of three networks (ie, telecommunications networks, the Internet and cable TV networks), on the one hand, enable citizens to freedom of speech channels and forms able to broaden and rich, democratic rights can be improved; the other hand, speaking from a deeper level,"The Tri-networks Convergence" especially strong covering force intensified media commercialization and distorted values, concealed in a highly complex technical centralization control of the parties to view game persons the right to speak, the public right to information and expression of diverse views to the right of existence of real or potential threat. The pace of the current legal system is far from being able to keep up with the crazy Evolution of IT and the sharp rule of law, democracy needs, therefore, the Dharma Realm necessary to subject the summative summarize and forward-looking view of centralization, administrative, and media commercialization and technology controlling created by negative factors to make every possible effort into the track of the rule of law.In this paper, standing in the Perspective of the Law of Journalism and Communication, comprehensive exposition of the rule of law on "the Tri-networks Convergence" under the topic of news, communication technologies, media, economy and freedom of the press, combined with actual cases and learn from the advanced Western news the rule of law mode, from a theoreticalpractical level, exploring the embarrassing predicament faced by the new requirements of the legal protection of citizens' speech in the media development process, lack of the rule of law. Research methods, social survey research, the historical literature, comparative reference to study law. Article innovations:First, the legal protection of freedom of speech issues placed under the media environment of the current Tri-networks Convergence discussions, unlike freedom of speech, the citizens of the field of telecommunications, such as pure Internet information protection and freedom of communication discussed separately, as well as the cable TV broadcasting in individual areas of freedom of the press; pointed out that "the Tri-networks Convergence" there is the trend toward monopoly characteristics, and from the political, economic, technical and content level profiling; for the media sector cut idea of the system of legal protection of our citizens freedom of speech, based on the professional point of view of the current media strategies and media environment changes observed, reflecting a strong practical value."The Tri-networks Convergence" environment as an issue across economics, sociology, information science, journalism and communication, and law in various fields, propagation medium penetration, a high degree of composite media form, the various political, economic, cultural and the power of technology benefits is complex,"The Tri-networks Convergence" is not just to provide a technology platform means that the relevant media content production industry, the service provider business model, business philosophy and so on will undergo major change. Legal protection of freedom of speech should not and can not define one-sided from the technical qualities of the Internet should be based on the profound changes caused by the rapid development of China's news media and information industries, based on comprehensive consideration of the broader socio-economic and cultural point of view to.The full text is divided into five major sections. The first part begins with a brief analysis of the "triple play" in the new media environment, starting from the political, economic, technical and other features, rendering issues,"the legal protection of freedom of speech," the new context set; the second part, on freedom of expression discussion of the meaning and value of freedom of speech in the context of "the Tri-networks Convergence" denotation defined its periphery: to ensure that the digital divide, acculturation three concepts to be described, in addition, explain the value of freedom of expression in personal, social, national system performance; third part, described the status quo of the media industry in Western developed countries and the legal protection of freedom of speech, focusing on the United States, Germany, France, Japan and other major Western countries the news of its own citizens the right to freedom of expression protection legislation and practice, in an attempt by the analysis of the status quo of the legislative and judicial protection of citizens abroad, to provide a reference for the legal protection of our citizens freedom of speech; on China's "Tri-networks Convergence" of the media system caused by the transition countries, the phenomenon of the media and the public the right to justice imbalance and media anomie, as well as freedom of speech at the press of legislative and judicial protection of the status quo, and analysis of its shortcomings in the legislative concept level, institutional level and judicial level; part V, the ideal state of the legal protection of freedom of speech in the media convergence environment, start build the premise to build the principle of two aspects, the final terms of the legislative concept of legislative norms, judicial remedies, and the supporting institution building, and sketched out "the Tri-networks Convergence" under the general idea of the perfect freedom of speech protection system in China.Ideal discourse space depends on the the tripartite build of the media, the public, government regulators. The author believes that the legislation on freedom of expression should be taken to build a two-track system to protect the two levels of the judicial practice, in the process of exploring the path of democracy and the rule of law, the gradual establishment of a coordination mechanism of the modern media and the rule of law, architecture news centered on the rule of law, market-based mechanisms to promote the development of freedom of speech.