A Study On Cyber Violence In The Perspective Of Legislation

History tells us that every significant technological innovation and its application have atremendous impact on people’s daily lives, ever more, on our social structure, as it havebeen doing in the case of popularizing of the internet technology. While the internetextremely facilitates the way we get information, there is a rising behavior among thegrowing netizens, the Cyber Violence. Cyber Violence is that on the internet numerousunspecified subjects, not out of reasonable public concern to pay close attention to someincidents and always clothed with righteous cloak to declare collective moral judgment,impose inappropriate sanctions to the protagonists in the incidents through continuousacts like abuse, affront, defamation and breach of privacy, all of which make theprotagonists feel threatened and cause serious psychological trauma or worse, physicalharm to them, who usually adopt an evasive way to resent and always fail to resist theseextreme and covert acts. So far the CV has been embodied in three forms: wild cybermanhunt, cyber bullying, canard of internet.By now the CV has not been stipulated by national statute law, but it has a grievousimpact both on the virtual world and the real life. So it is the time to legislate against CV.Based on the basic idea of raising questions, analyzing and solving them, this thesisapply the theories in communication and law to review the incidents of CV in recentyears so as to estimate the damages caused by them, to sort out the regular patterns ofthem and analyze the underlying intense relations behind them, and after comparingseveral measures against the CV, the thesis propose an approach which put stress onlaw.Besides the introduction and the conclusion, the thesis can be divided into five parts.The introduction: it includes the background, the thesis’s academic and practicalsignificance, the summary of the current research at home or abroad and the definitionof the CV.Part two: through reviewing the incidents, it analyze the manifestation, formation andreasons of the CV, which make up the incomplete induction of the manifestation inprevious studies and present a vivid formation process.Part three: it expounds the damage caused by the CV from three aspects, which pavethe way for the next part.Part four: from the perspective of the law it discusses the underlying intense relations behind the CV, including a)the relations between freedom of speech and privacy andreputation b)and between violation of right and relief right. Besides, it discusses c)therelations between liberal theory and social responsibility theory from the perspective ofthe communication. All these very relations above have stirred the debate among theacademics and the society whether the CV should be legislated against or not. Thus it isnecessary for this part to discuss the relations so that it can hold the necessity oflegislation expounded in the following two parts.Part five: by comparing several possible ways to regulate CV, as the self-discipline isthe most ideal way but the least practical and the technological regulation is the mostoperational but its bugs are hardly possible to be fixed once and for all, it proves that thenecessity of legislation.Part six: all above parts are the groundwork of this part which focus on the legislationagainst CV. It proposes some advices and measures in the wish to decrease theoccurrence of CV and mitigate its damage.