On Freedom Of Expression On The Internet And Government Regulation

The appearance of Internet provide a brand-new stage for the freedom of expression, with the development of Internet, the freedom of expression become more prosperous than ever before. The expression on Internet has the characteristic of extensiveness openness, immediacy, autonomy, anonymity and interaction. Based on these features, it has its unique value. The freedom of expression on Internet is beneficial for us to promote democracy, to strengthen supervision, to enhance the social stability, to acquire knowledge and truth and to realize individual values. But the abuse of the right of freedom speech is harm to country's safety, to social public interest and to individual legal interest, for example, spam messages and e-mail, pornographic information do harm to public order and good morals; the abuse of the freedom of expression online endanger national security, leaking state secrets; invasion of privacy, defamation cases have occurred; and other intellectual property infringement cases increased. Therefore it need to be ruled to a certain extent according to the law. The government should do more to guide its development. On the one hand, Government regulation of freedom of the network expression is based on national security, public order, public health and public morality and other public interests; on the other hand, it is based on the protection of personal privacy and reputation. Therefore in dealing with the network and the public interest of freedom of expression and personal conflicts of interest, we must follow the principle of public interest, the principle of legal reservation, the principle of proportionality restriction of fundamental rights, the principle of control after the event, the principle of clear and immediate danger, the law provides a clear, precise limits principle, the principal of the right of expression should be relieved after violation. So we should find a reasonable balance between the two. At present, the protection of speech freedom online has different kinds of dissatisfaction. For example, absence of legislation on freedom of expression on network, a low-level legislation, our government usually put emphasis on the management of expression on Internet instead of give more care on protection of it. In order to fully protect the freedom of expression, the government should strengthen legislation and reduce the right of legislation of local government, classify the content on network and take different measures to them, leading Internet industry self-regulation to minimize the legal regulation; to strengthen the network to ease, reduce the"block delete".All in all, As a basic human right, the expression of freedom should be protected by the constitutional law——the highest level protection. The government should take steps to strengthen the protection of freedom speech instead of restriction to the newly sprouted thing-freedom expression on Internet.