Protection And Restriction To Expression Of Freedom On The Internet

Internet as a new media and prosperity tool gives the freedom of speech withrenewed vigor, profoundly and widely affecting people’s daily lives. Internet usersusually use e-mail, instant messaging, BBS, blog, microblog as tools to release andobtain comments. Compare with traditional media, online speech has its owncharacteristics as anonymity, interactivity, shareability, content-rich nature. Freedomof speech on the Internet has important value to society and individuals, can enhancethe transparency of the society, promote the democratic process, promoting socialtolerance and openness, for individuals it will meet the needs of exchange with theexpress, promote individuality, the social value of the performance of development,promoting the equality of the right to speak and meet the people’s pursuit forknowledge and truth. There are some drawbacks to our freedom of speech protection,mainly for the imperfections of the legal protection and the adverse influence oftraditional ideas, as well as the adverse environment of the existing network operation.Reference to the experience of the United States, Germany, we can find that theUnited States, Germany consider network freedom of speech as the scope of freedomof speech in the Constitution to protect them. To protect free speech, should considerit as aspects of the protection of freedom of speech, and to develop common lawclearly protection and set judicial relief program. Daily management of the network,set up a network freedom of expression relief program. Abuse the freedom of speechexists on the network, violation of the privacy of others, as well as the impact ofpublic order, network pornography negative impact to minors. Restrictions on onlinespeech principles the principle of public interest, the principle of the clear and presentdanger, the principle of ex post facto review, speech theory of value. Against theabuse of free speech, should strengthen the role of legal norms, the governmentshould involved in online speech, network operators play a daily management role,network technology should continue to improve, in addition to the self-restraint andoversight role of the user should play to limit free speech abuse.