The Balance Of Network Freedom Of Speech And The Personality Right Protection And Countermeasures Research

In order to protect the legitimate rights and interests of citizens,legal persons and other organizations,to maintain the healthy and orderly development of the Internet.19 of the ninth session of the standing committee of the National People's Congress conference passed on"the stnding committee of the National People's Congress on maintaining Internet security decision rules.When a release time regulation,one change caused the attention of the whole society.That is the second rule "personalities,using the network information is one of the following circumstances,shall be as prescribed in paragraph 1 of article two hundred and forty-six of criminal law" serious ".But the following rules if the circumstances are serious the first article is "the same defamation information is actual click and browse to reach more than five thousand times,or is forwarded to reach more than five hundred times".This one out,the society as a whole uproar." Click the topic five hundred times will punishment "occupies the top of each news headlines,became one of everybody a heated discussion topic.First of all,from the Angle of society.With the advent of the era of network information of inflation.Each of us at the same time,in addition to accept the information on this information to give some feedback.For information of the publisher,whether each release of information and facts,whether there is exaggerating or fabricated.As the audience of information,for information feedback or is in expressing personal views of certain information,whether also can not be any constraints and follow one's inclinations.Society need to develop the corresponding rules to protect the information of the publisher or information of the receiver's speech,at the same time also need constraint such rights.As the saying goes,"nothing can be accomplished without norms or standards".Each hadn't been right in the end will make certain constraint rights abuse,and lost its original value.Secondly,from the perspective of law.As the last barrier to protect the rights of citizens,law also is particularly important in network information age.First law determines the citizen has the right of free speech,citizens are free to post the comments on social platforms and is not restricted.The second of the citizens' rights to the freedom of speech also needs under certain constraints,its reason mainly includes several aspects.First because in the virtual social networking platform,a citizen's right of reputation or honour,privacy,and even property rights related to civil legal rights are more vulnerable to abuse.Internet rumors,wantonly slander infringes on the rights of phenomenon emerge in endlessly.This is not only harm the citizens,legal civil rights at the same time also interferes with the citizens get real and effective information from the Internet channel.Need to work out relevant laws to regulate the Internet in these phenomena,which not only can protect civil rights,and against the wind of slander,rehabilitated,make up the loss to victims.Finally,from the perspective of citizen.Since the 21st century,the rapid development of science and technology revolution,brought a significant revolution in the mode of transmission network is gradually becoming an important way of cqmmunicating information leakage to every corner of our lives.The United Nations educational,scientific and cultural organization in 1998,the world culture report points out:"the information technology,especially the Internet and web pages,has the potential to change the world and the human,the network space,namely the new relationship between space,make our concept of time and space,form and language change".While the over-expansion of free speech in the virtual world is undoubtedly is part of the damage to a certain degree of citizens or the right of honour or reputation or civil legal rights such as privacy,the right to freedom of speech and other civil legal rights guarantee citizens need to seek a balance between and critical point.In this paper,starting from the background of network era of free speech,by studying the network era of free speech and protect citizens' right of civil law,to explore in the height of the development of modern information,by which the new citizens' basic civil rights violations,in the face of the new form we should how to formulate relevant laws and regulations to avoid or reduce the damage.Through the network protection of free speech and guarantee citizens at home and abroad to the relevant provisions of the civil rights of research,focuses on the network freedom of speech under the premise of how to safeguard the civil rights of citizens.In the comprehensive analysis of present situation in our country and draw lessons from domestic and foreign experience,on the basis of free speech in the network environment in China under the premise of how to protect citizens' civil rights put forward some reasonable Suggestions.