| "Freedom of Expression" denotes the civic rights to express personal opinions freely by language, written words, image and actions. The Article 35 of the Constitution specifies that "Citizens of P. R. China holds the rights of freedom on speeches, publishments, assemblies, forming associations, processions and demonstrations." This is the core article of our national protection on "Freedom of Expression". A series of ordinances such as "Law of P. R. China on Assemblies, Processions and Demonstrations", "Copyright Law of P. R. China", "Freedom of publication of P. R. China" are specific provisions on Freedom of Expression. However, the incessant changes of Internet are not only changing personal life, but also our national politics, economics and culture. In the year 2015, as the action plan of "Internet Plus" had been proposed and pushed forward, the effects of Internet for the whole society reached a new stage. Until Dec 2015, Chinese netizens had reached 688,000,000(six hundred and eighty-eight million), with 39,510,000(thirty-nine million five hundred and ten thousand) new ones in this year. The popularity rate of Internet was 50.3%, with 2.4% yearly expansion. Internet expression has also entered civic life as an important method of expression. "Freedom of Expression on Internet" was developed from “Freedom of Speech”. It means "the freedom in expressing speeches, collection and dissemination of information on Internet". Internet is anonymous and open. It also has no center property. It provides netizens a complete right to express freely and a growing passion to participate in politics, which is beneficial to the construction of democracy. However, with the legislative defects, law enforcement difficulties and poor personal qualities, violations on other citizens such as privacy rights or reputations keep repeating. Therefore, it’s important to set a scientific and rational regulation for Freedom of Expression on Internet. Now in China, in controlling the Internet, there is only "The decision on safeguarding Internet Security" and four administrative regulations. The related regulations are unnecessary repeated and vague. There is no united system till now, which has resulted difficulties in judicial practice.The purpose of this thesis is to comb the laws and ordinances to regulate Internet in our country, so as to find the defects and seek those causes. By presenting foreign experience on regulating Freedom of Expression on Internet, the thesis wishes that China can benefit from it while basing on our own national conditions. The thesis also wishes to help China to complete the laws on Freedom of Expression on Internet.This thesis contains five parts:Part one talks about basic theory of Internet expression. Part one also states the differences between "Freedom of Expression" and "Freedom of Speech". "Freedom of Expression" possesses a greater range and richer forms. As a new topic, it’s much more valued by scholars. With the help of Internet platform, Freedom of Expression develops into "Freedom of Expression on Internet", which presents a virtual, borderless and growing democratic feature, becoming a new form of human rights. Therefore, it also possesses the feature of constitutional rights.Part two talks about limit theories on Freedom of Expression on Internet. Because a numerous number of netizens and websites in China, and Chinese netizens’ incompleteness understanding laws and ordinances for Internet, these two facts result in endless network crime and tortious acts, such as scattering rumors which harms national security, infringing citizen’s right of reputation on Internet, "Cyber Manhunt" and so on. It is urgent to set regulations for Internet. Now the Theory of Constraints of Freedom of Expression’s possesses two standpoints: Absolutism and Relativism; and four principles: Principle of Proportionality, Principle of Interest Balancing, Principle of Clear and immediate danger and Principle of Prior Review. These theories are all providing samples for regulating Freedom of Expression on Internet.Part three emphasizes the present situation and defects of our legislation for Internet regulation. Laws regulating "Freedom of Expression on Internet" were divided into general laws and special laws. General laws protect the regulations made by Constitution and other laws or regulations. Special laws are specially created for regulating Internet, which possess one law and four ordinances. By analyzing these ordinances, such defects were exposed: basically low in the level of law effect; empties and superfluities appearing in content of law; valuing regulations while neglecting protections. Such defects are obstacles in Internet regulation.Part four introduces foreign legislation forms and judicial practice on Internet regulation. Relatively, the United States of America holds a form of "From Top to Bottom", which valuing open and neglecting regulation. Germany and South Korea holds a "From Top to Bottom" form while strict regulating Internet expressions. Besides, "The Internet real name system" of South Korea gave great lessons and experiences, which worth our country to think deeply.Part five is a summary, making suggestions for completing regulations on Freedom of Expression on Internet for China. For completing legislation: Internet expression should be put into the Constitution system and protected by it, so the regulation of Internet expression will be much more official. Legislation level should be raised. Special laws for Internet expression should be made and systematized. Legislative concepts need to be changed. Freedom of Expression on Internet should be better protected. Relief system and national compensation procedure should be established and so on. For the industry self-regulation, the development of IDSC(Information Dissemination Service Center) needs assistance. Government should inspire IDSC setting regulations to deal with disputes. For strengthen international cooperation, China should actively participate in the establishment of Internet management rules, helping to provide a national research platform. With it, China will be able to acquire better discourse power about Internet. |
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