Research On The Platform Governance Of Network Information Content

In the development of the Internet,the governance of network information content has always been an important part of cyberspace governance.In the context of the modernization of the national governance system and governance capabilities,strengthening the governance of online information content is of great significance for creating a clear and clear cyberspace,safeguarding the legitimate rights and interests of citizens on the Internet,and improving the governance of the Internet society.With the development and application of new Internet technologies,new applications and new formats,network platforms have risen rapidly,and media attributes have continued to deepen.The decentralized,real-time,and intelligent characteristics of network information dissemination have become increasingly apparent.The trend of network platforms participating in network information content governance has become increasingly prominent.The main field of public expression has shifted from traditional media to online platforms,and the content governance structure has also changed from the dual relationship between "government" and "individual" to "individual(speaker)-enterprise(platform)-government(state).)”.Based on the "Network Security Law" and "Internet Information Service Management Measures" and other laws and regulations,supplemented by a large number of regulations and normative documents,China has built a platform-centric governance system.However,there are still two outstanding problems in the governance of network information content: on the one hand,due to the transformation of government functions and the defects of the government’s regulatory capabilities,the governance of information content rely on the power of the platform;on the other hand,the platform is a private subject.Due to the natural profit-seeking nature,with unavoidable limitations,there are shortcomings such as easy infringement of citizens’ rights and evasion of due process constraints,and it is necessary to strengthen external supervision.Based on the challenges brought by the development of network communication technology to network information content governance,regulatory theories,governance theories and soft law theories,this paper focuses on the advantages and disadvantages of platform participation in network information content governance,as well as the state,industry associations,individual users,and the external supervision of the governance of the network information content platform by the media which has put forward the goals and implementation paths of multiple cooperative governance.The first chapter discusses the development and challenges of the network information content governance.In the process of the development and evolution of Internet governance inside and outside the territory,it has experienced a transition from Internet liberalism to Internet regulatory at the international level,and experienced the initial establishment,optimization and expansion of the governance system at the domestic level,and stages of regulatory restructuring and upgrading.This dissertation believes that the immediacy,interactivity,anonymity,platform,and low threshold of network information dissemination have brought huge challenges to information content governance.The development of the platform economy has become an important contributor to the generation of social risks,and risks have become an important consideration in the legislation and policies of the information society.With the evolution of Internet technology from Web 1.0 to Web 2.0 to the instant network era,information content governance has shifted from focusing on prior control to strengthening supervision during and after the event.The second chapter discusses platform participation in network information content governance.This dissertation believes that with the development of the Internet,platforms have the attributes of media.Platform-based media have outstanding features such as instant free dissemination of information,decentralized information release,significant user stickiness,and enhanced interactivity.Network and information security are facing tremendous challenges.Network rumors disrupt the good social management order,network infringements occur frequently,threatening the protection of civil rights and interests,and traditional supervision models are influenced.This article believes that,based on the advantages of its own technical resources,platform resources,and information resources,network platforms have the private power of information content governance,which is embodied in the right to formulate self-discipline rules of the platform,the right to control users ’personal data,and the right to control user behavior.For the regulatory power and its processing power,there are two modes of power sources for platform regulation,one is the administrative authorization mode,and the other is governance through user agreements.The third chapter discusses the platform governance and internal self-discipline of network information content.Based on the perspective of private law,this dissertation divides network information into three categories: information related to public interest,information related to third-party interests,and information related to personal interests of users according to the different subjects involved in the content of network information.On the basis of typified network information content,this article discusses the legal norms and platform self-regulation rules regarding platform governance of flat information content outside the United States,the European Union,etc.,and reviews the main platform rules represented by Facebook and Twitter.Put forward the significance of platform governance for our country’s information content.The fourth chapter discusses the dilemma and causes of the platform governance of network information content.This article believes that although platform private power can promote the information sharing and collaboration of multiple subjects,and promote the manifestation of the rights of private subjects such as netizens,the platform itself is still a private subject and has a natural tendency to profit.There are limitations in the implementation of quasi-enforcement rights,inadequate performance of security obligations,and irregular handling of personal information,including illegal collection of personal information,and even damage to the legitimate rights and interests of users.Therefore,network information content governance needs to be under the platform of the basis of governance,strengthen the coordinated structure of public law and private law,strengthen the state’s compulsory supervision,and the supervision of third-party forces.The fifth chapter discusses the external supervision of network information content platform governance.This article believes that there are constraints such as conflict of interest,insufficient substantive review,and insufficient coercion in the internal governance of the platform.Therefore,it is necessary to guide the platform to correctly exercise management rights through a combination of positive incentives and negative evaluations,promote the improvement of internal governance,and compact the main responsibility of the platform.The realization of external supervision of platform governance mainly includes two major aspects: the state’s rigid supervision and the state’s flexible supervision.Rigid supervision includes the legislative level,the law enforcement level and the judicial level.Through the implementation of public powers,the platform is urged to perform statutory responsibilities.Flexible supervision includes interviews,credit regulations and information tools.In addition,it also includes industry self-discipline mechanisms such as the Internet Society of China,third-party inspections such as the evaluation of network security by the CNCERT of the security center,complaints of user,reports,and media supervision.In addition,it also analyzes the implementation effects of government regulatory measures on Internet companies of different types,sizes and stages of development,which provides a good reference for the implementation of external supervision.In summary,the information content governance of the platform should be a process of collaborative governance by multiple subjects.In this governance process,the network platform exerts its main responsibility based on its own advantages and possesses the private power of governance,while the government still plays an important regulatory role,and fully encourages industry associations,users,and the media to exercise social supervision rights,and jointly Construct a multi-agent governance model led by the government,the platform gives full play to the initiative,and the participation of other social forces.In terms of governance methods and methods,in addition to rigid regulatory measures such as warnings,fines,shutdown orders,and suspension of related functions of the government’s public powers,the guiding role of interviews,credit regulations,credit tools,and other methods should be brought into full play.