| Freedom of speech on the Internet is an extension of "freedom of speech" and an inevitable product of the continuous development of the Internet and the deepening of people’s democracy.Freedom of expression on the Internet not only has positive values such as promoting democracy,safeguarding freedom,promoting justice,and facilitating exchanges,but also has negative values such as infringing on the legitimate rights of others and organizations,interfering with judicial processes,impacting social public order,and damaging the credibility of cyberspace.Therefore,legal regulation of freedom of expression online is not only necessary but also justified.However,there are multiple dilemmas in the legal regulation of online freedom of expression,such as subject responsibility,value coordination,model selection,and limit grasp.In order to achieve the goal of legal regulation,it is necessary to screen and select the best of the specific models,and also to grasp the legal limits of legal regulation.This article is mainly divided into three parts.The first part introduces the origin of the legal regulation of online freedom of expression.Firstly,it discusses the consequences of extreme,arbitrary,improper,untrue,abuse,etc.of online speech,and then it puts forward the necessity of legal regulation of online speech,and then from the level of ends and means,values,norms and facts to discuss the legitimacy of legal regulation of online freedom of speech,the purpose of regulating online freedom of speech is to achieve better freedom,and legal regulation is the best way to achieve regulation.The second part expounds the practical dilemma of legal regulation of online freedom of speech at this stage,at the level of value coordination,online freedom of speech will conflict with the value of order,judicial justice,and other citizens’ rights and interests,at the level of model selection,the existing regulatory models include strict administrative supervision model,industry self-discipline management model,and the "reflexive law" model of indirect government intervention,these models have their own advantages but also have shortcomings,at the level of subject responsibility determination,online speech publishers and disseminators have the characteristics of anonymity and concealment.It is difficult to establish responsibility,and in addition,it is difficult to determine the fault of the network service provider because the responsibility is not clear.The third part aims to solve the dilemma in the second part,first determining the value of order as the benchmark,delineating the coordination boundary of legal regulation values of online freedom of expression,and then building a layer-by-layer and interlocking comprehensive management model based on the legislative ban model,industry self-discipline model,administrative supervision model,and judicial relief model,and finally pointing out the need to continuously improve the allocation of rights and responsibilities of network service providers,achieve precise crackdowns on those who publish and disseminate inappropriate speech,and improve subject responsibility. |
