On The Legal Regulation And Legal Protection Of Freedom Of Expression On The Internet

Internet is one of the greatest invention of the 21st century. Compared with traditional media, social networks exhibits their own characteristics of information dissemination: openness, interactivity, fast spreading, etc. Because they are connected with innumerable separated network nodes, the invention of this technology has revolutionized people’s lifestyle and means of socializing, and a burgeoning network society has been established. Under such circumstances, people’s way of expression has experienced a fundamental change and now they are used to expressing their thoughts, feelings, ideas, and opinions on this new platform. Though the Internet has provided much convenience, it has also raised concerns about the protection of freedom of expression.Ever since the invention of the Internet, it symbolized a way of expressing individual freedoms and accommodating heterogeneous opinions, which are closely related to the unique social conditions of the country in which the Internet was invented, the United States. However, when those who are from non-western societies become the mainstay of global Internet users, the regulatory spirit faces pressure. In order to guarantee citizen’s freedom of expression on the Internet, governments of democratizing as well as democratized countries began to regulate online information through legal approaches. A global consensus must be formed and everybody should participate in the consensus-building process.In order to strictly control the free flow of information on the Internet, the Chinese government enacted a set of laws and regulations that treat the Internet in the same manner as traditional media, or, on some occasions, even harsher. However, given that there’s no watchdog media in mainland China which could counterbalance government power, the Internet, home of social media, has great potential for generating political culture, and requires a looser legal environment. In other words, considering the specific characteristics of the Internet and differences that lie between it and traditional media, there should be fewer restrictions on Internet speech, but the current situation is to the contrary. Many countries throughout the world, including some democracies with long traditions of strongly supporting freedom of expression and freedom of the press, are now engaged in a certain degree of online censorship, often with substantial public support. But for China, as is known to all, Internet censorship is among the most stringent.The thesis focuses on freedom of expression on the Internet. Empirically, the thesis will analyze the micro-blog (Weibo) tort, a new type of intellectual property infringement, to show the limitation of freedom of expression on the Internet. Contradictory as it might seem to achieve both the legal regulation and protection of freedom of expression on the Internet, it is not the case, since regulation and protection both aim at helping our network society operate regularly and orderly, develop rapidly and healthily, and ensure Internet users enjoy convenience brought by the network without fear of an attack from the rear. During the development phase of the Internet, it is of great importance and necessity to establish and refine institutions and laws for the purpose of protecting the freedom of expression. This thesis explores how to protect the freedom of expression in the Internet era of mainland China, and how to build the country into a socialist state under the rule of law while also protecting the freedom of expression for individuals and safeguards the fundamental interests of the whole population.