Legal Regulation Of Network Rumor

In recent years, with the development of media Internet technology, cyberspace has become a new platform for ordinary people to express public opinion, to understand information, to communicate, so that people's freedom of expression has been unprecedented expansion. However, due to the characteristics of the communication subject, such as anonymity, transmission mode concealment, spread speed, wide range of influence, wide spread channels and strong diffuseness, the network speech has fully protected the citizens' freedom of expression, but also caused many malpractice, The most typical is the generation and dissemination of network rumors, and the resulting criminal acts, to others, society and the country harm, in general, is a violation of civil rights, intensify social contradictions, disrupt social order, destroying society Trust system, reduce the credibility of the government and even endanger national security. Therefore, network rumors must be regulated. Regulation of network rumors, will inevitably involve the freedom of speech of citizens and the limits of network rumors, if not grasp the regulation of "degree", can easily lead to "Chilling effect", is very detrimental to the normal operation of our democratic system, therefore, The limits of freedom of speech determine the bottom line of cyber rumors: the private sphere, speech is not infringed on the legitimate rights of others; the public sphere, freedom should ensure that the balance between private interests and public interests. In other words, in the private sphere, citizens should act in a spirit of mutual respect, not encroaching on the legitimate interests of others, making unjustified speculation about the lives of others, and imposing cyber violence. In the public sphere, concrete analysis should be made:Rumors, in order to guarantee the good operation of democratic politics, the government should give it some space to prevent excessive suppression of public power, while the government should also actively interact with the citizens to help the people understand the truth, do moderate public opinion; Rumors of divulging state secrets, endangering public safety and damaging the public interests of the state and society are not covered by freedom of expression.There are still some problems in the network real name system, but there are still some problems:legislation, scattered legislation, lack of specific legislation, the content of the legal norms is not perfect, punish the intensity of the legal system of network information management has been basically formed in the legal regulation of network rumors. Lack of emphasis on the protection of young people, lack of power constraints and the right relief mechanism, the implementation of the network real-name system lack of effective personal information protection mechanisms. In addition, the lack of government information disclosure, coordination between departments is not enough, the national rule of law awareness to be strengthened, etc. is also restricting China's regulation of network rumors outstanding problems. On the basis of referring to the comprehensive management mechanism of extramarital network rumors, combined with China's actual and legislative aspects, we can strengthen the special legislation, improve the legal provisions, increase the intensity and scope of punishment, establish the youth information screening mechanism, improve the power restraint and rights relief Mechanism, improve the personal information protection system, strengthen network construction of the rule of law, so that there are laws to follow. In addition, strengthen the initiative, timely and accurate open system of government, pay attention to the main network of self-discipline and cooperation mechanisms, to improve the quality of national rule of law, the establishment of routine long-term enforcement mechanisms and other measures, but also do a good job network rumors regulation, Environment.