The Criminal Regulation On The Anomie Of Internet Speech

In informational era, illegal and criminal activities caused by the anomie of Internet speech have been increasing. The anomie of Internet speech refers to the deviation of speech, caused by the destruction of social order and speech criterion. It has the characteristics of concealment, promptness, universality and interaction. Even though the freedom of expression is protected by the constitution, the exertion of rights should be premised on fulfilling obligations. The authority will be abused and even the human rights and social development will be severely damaged if the anomie of Internet speech is not limited for its serious social harmfulness. Our current criminal policy of combining punishment with leniency requires treating differently when regulating the anomie of Internet speech. The criminal act with serious social harmfulness should be strictly applied while the minor illegal act without punishable justification could be applied to other means. In our current criminal law, the criminal regulation is mainly embodied in the infringement of personality and public order. The accusation involves personality includes the crime. of defamation, insult and illegally providing personal information of citizens. The accusation involves public order includes the crime of spreading obscene articles, fabricating and spreading false terrorist message intentionally. By being analyzed the basis of our current judicial application, the matters are found in lacking of judicial interpretation, easily misled by social opinion and defects of legislation, leading to the difficulties in judicial application. Considering with our status quo of judicial practice, the judicial application should be analyzed specially with journalist, lawyer and social celebrity. The social harmfulness, criminal illegality and penalty legitimacy should be judged when applying current criminal law standard to these subjects. Meanwhile, it is necessary to use the foreign legislation for reference. Our criminal law should be improved after learning the related regulations from Germany, America, UK and Singapore. To the legislative improvement of the anomie of Internet speech, the principle of necessity, democracy and definiteness should be strictly followed. In practical terms, it should be improved by adding related terms in amended criminal law, enacting related judicial interpretations and strictly applying the criminal judicial rules.