On Regulation And Protection Of Freedom Of Expression On Internet

There is natural connection between freedom of expressionand democracy, that is to say, they are dependent upon eachother, since realizing democracy is the ultimate goal forfreedom of expression, and this freedom embodies democracy. Thevalue of freedom of expression is that it constructs politicaltoleration, encourages people to seek for truth, during whichtheir self-development and independent social personality areboth achieved. Thus they are both interested and capable ofpolitical participation and consultation to exercise theircivic rights, monitor state apparatus, avoid invasion frompublic power, and finally establish democratic politics. Bymolding single citizens, freedom of expression influencesmicrocosmic individuals, state apparatus, and macro democraticpolitical system. As the only universal media ever in human history, Internetis seen as the forth media after paper, wave and video media.With its character is openness, anonymity and interaction,Internet is utilized as a platform of privacy, popularization,extension and autonomy, and stresses the value of traditionalfreedom of expression. To put it in detail, firstly, Internetextends the scope of expression and personal impact, since itenables people express at their own pleasure without gettingaliened and isolated，and set or take part in agenda forspiritual satisfaction and self-realization in depth. Secondly,while constructing civic characters and deepeningself-realization, Internet entertains more individuals in theprocess of democracy, cultivates democratic spirits andconsciousness effectively, and it established monitoringsystem of anti-corruption which also contributes to democracy.But on the other hand, the abuse of expression severelycontradicts to privacy, public policy, national security, andsocial order, which obligates the government, after the guidance of specific principles, based on protection of privateand public interests, to restrict and regulate freedom ofexpression within legal framework for better exercises.However, China has no specific law concerning regulation andprotection of freedom of expression, and there also remainsblank in protective legislation concerning freedom ofexpression on Internet which is not recognized as a basic rightin constitutional law. Current law with regard to Internet ismainly in the form of divisional regulation which involvesnumerous authorized state organs, e.g. General Administrationof Press and Publication, State Administration of Radio Filmand Television, Ministry of Industry and InformationTechnology, Ministry of Public Security. Since thepromulgation of Regulations on Protection of ComputerInformation System Security in1994, with rare speed, China hasissued over20regulations which only emphasize monitoring andregulating over netizens and ISP/ICP and overlook protectionof freedom. Further, these regulations are too empty and vague to be recognized as law. The phenomenon of multi-monitoring andabuse of legislation injures authoritativeness of nationallegislation, and the contradiction between these divisionalregulations brings difficulty in law enforcement. It alsoenables public power expand and squeeze freedom of expression,and leaves no remedy when rights are infringed. Nowadays, theenlargement of expression freedom is seen as a universal trend,and mocks China’s regulating mode which contradicts the spiritof ICCPR and is used as an excuse to assault the state of humanrights in China.Based on these, Firstly, with the utilization of legalhermeneutics, comparative analysis and positive analysis, thispaper defines freedom of expression on Internet as a new typeof this freedom, and makes a comparison with traditional typesof expression. Secondly, with the realization of thecontradiction and dilemma it brings, the author criticizesChina’s regulating mode, and put forward that the regulationfor freedom of expression should be accordant with principles of legal reservation, proportionality, clear and presentdanger, ex-post control and punishment. At last, by introducingforeign countries’ experience on protection, the authorre-thinks the protective state of freedom of expression, andraises that the improvement of protective system should berealized through strengthening legislation, toleration,Internet politics and industry self-discipline.Democratic politics would be mirage without freedom ofexpression. Freedom of expression on Internet represents thesoul of modern deliberative democracy, and there should be moreprotection and less restriction.