Freedom Of Speech And Its Legal Regulation

Micro-blog has an attribute of "we media". It pays more attention to the publicity andimmediacy of the dissemination of information and introduces a credit supervisionmechanism. The two-way, scattered propagation mode formed a unique structure ofthe public domain in micro-blog. It not only changed the way the media releasesinformation, but also changed the approaches of access by internet users toinformation altered from portal dominance into micro-blog dominance. Not onlymicro-blog has given every citizen the genuine right of public discourse, but the spiritof free press and free speech has also been fully emphasized in the public domain ofmicro-blog. One can literally say that micro-blog gives us a brand new perspective tolook at the media, the relationship between the freedom of information and freedomof speech. The public domain of micro-blog has great impact on the existing regimeand is catalyzing the reform of such regime, and contributes to the stability of thecode of law.We are experiencing a social transition in our country. Due to the rigidity of the oldpolitical system, leading to the widening gap between rich and poor, thedifferentiation between different classes, the injustice in interest allocation andinsufficient solution of social contradictions, irrational emotions is the trending toaccumulate in a certain range. Thus leads to the dislocation of operation inside andoutside the regime system, and the intensified antagonism between the officials andthe people, as well as the rich and the poor. Micro-blog on the one hand, enables thepowers inside and outside the regime system to have equal negotiation andconversation of democracy in the public domain of internet; on the other hand, sincethe public events on internet often happen on officials or the rich, the emotions of the“netizens” may be so escalated, raising the inner hostility to the officials andresentment to the rich, which can be vented and spread in micro-blog. Lack of citizenconsciousness and the social responsibility led to irrational discussion or spread of information which form "a storm of public opinion" or "internet violence", even "fightappointments among the Public Intellectuals", or directly led to massive groupincidents, impairing the steady development of the society.Public domain of micro-blog, on the one hand, provides a public discoursing spacewith rational communication and ability to criticize; on the other hand, however, thefreedom of speech on the micro-blog shall not harm the state, the society and thecitizens’ legal rights and freedom. Freedom of speech on micro-blog should berestrained within the limits of legal regulation. After digging at the plight of China’sexisting regime system as well as the origin of current social disorder, this articleprovides in the aspect of law an exploration regarding how to set limit on the freedomof speech on the micro-blog in order to better protect the freedom of expression; andthrough parallel and vertical comparison of the experience and status quo of domesticand foreign legislations regarding the public domain of micro-blog, this article willseek for a way of judicial relief to protection of the freedom of expression onmicro-blog, rendering the best effort for protection of free speech in China.