Study On Legal Issues Of The Supervision Of Mobile Media In China

With the rapid development of China’s society and economy and the continuous improvement of people’s living standards, the demand of people for mobile phones has improved. The phone, because of its portability, mobility, personalization, multimedia integration, spread fast and widely in a highly interactive way. It combines the advantages of newspapers, radio, television, Internet and other medias, and the penetration of it becomes higher and higher in society. SMS services, mobile phone ring tone businesses, mobile news services have all become the tools of the dissemination of the important information and the information sources for life. The mobile phones have become the media, and become the fifth-largest media which is affecting the development of the society and economy, following the first media-newspapers, the second media-broadcast, the third media-television, and the fourth media-network.However, in the process of the development of mobile media, the regulatory of the mobile media is lack and lag. The negative effects of mobile media in the process of the dissemination of information have a serious impact on the safety of society. For example, false spam messages, cell phone virus, many of the fraudulent SMS in the users of mobile phone continue to appear, someone behalf of the counterfeit bank to send SMS to fraud, someone uses them to spread pornography, gambling, violence, terrorism and other negative news; and some of them use text messages to sale firearms, explosives, smuggled goods, counterfeit currency illegally; or release the fake information of winning, dating and recruitment; or lure, introduce others to prostitution. In the way of phone wiretaps and camera to invade the personal privacy is extremely serious; the problem of Jurisprudence of mobile websites and SMS has a serious impact on social stability and the normal order of life. To examine the current regulatory status of the mobile media in China, the basic legal regulation of mobile media in China is deletion, the existing laws and regulations lack of systemic, even in the related field of supervision has the "vacuum" field; the level of the laws and regulations is low; lack of operations; and there are also some difficulties in the local legislation. The regulatory body is the unity of the political prison enterprises; the powers and responsibilities among the various regulatory bodies are blurred and overlapping; the system of the mobile media industry is imbalanced; the phenomenon of monopoly is serious.The article uses the method of comparative, by inspecting of the regulatory model of mobile media in United States, Britain, Japan, Singapore and other advanced countries in the world, summarize some advanced experience. That is, a unified legal system is the basis to achieve effective supervision; the unified regulatory agencies are a necessary precondition for effective supervision; the only way to ensure effective supervision is the independence and neutrality of the regulatory agencies.The author believes that we must regulate the mobile media in China effectively; in favor of mobile media to better play its role in daily life; enhance the positive externalities of the society; and propose specific recommendations to improve the regulation of mobile media in China. The first is to improve the regulatory mode of the mobile media; the second is to improve the legal system of the regulation of China’s mobile media, and the author thinks that the mode of dynamic regulation and the harmonization of regulatory fit the trend of development of the mobile media in China. The author expects these measures that can establish a standardized and orderly mobile media regulatory regime, based on satisfying the public demand for mobile media, and continue to promote the healthy and rapid and orderly development of mobile media.