Research On Legal Regulation Of Freedom Of Internet Speech

Freedom of speech is a universal and fundamental constitutional right in a free society,and it is also a basic human rights.The development of Internet technology makes the freedom of speech extend to cyberspace.The freedom of speech in cyberspace has a positive role in promoting the development of democratic politics,discovering truth and safeguarding the basic rights and interests of citizens.But at the same time,due to the lack of center,anonymity and universality of the subject,the freedom of speech in cyberspace is easily abused,thus violating national interests,public interests and the legitimate rights and interests of citizens.It is an important issue in the new era to safeguard national security,public order and better safeguard the lawful interests of citizens by establishing the limit of free speech in Internet,effectively and rationally regulating the freedom of speech in cyberspace.This article mainly discusses from the following four parts: The first part introduces the historical origins of the thought of freedom of speech and the theoretical basis of the establishment of freedom of speech,and introduces the theory of John Milton's freedom of speech and the John Stuart Mill principle of freedom of speech.Then from the whole point of view on the network of freedom of speech concept,characteristics,legal regulation and the necessity of setting up regulations are discussed.Secondly,the paper expounds the principle of the legal limit of freedom of speech in Internet.Finally,the paper points out the legal limits of freedom of speech in cyberspace.The second part mainly analyzes the current situation of the legal regulation of freedom of speech in the Internet.At present,the regulation of the freedom of speech in the Internet includes three aspects: firstly,the provisions on the freedom of speech of citizens ' network are mainly related to the prohibition and legal liability in the law.Second,it is the strict responsibility of the network service provider and the direct monitoring of the government.Thirdly,it is the combination of industry organization and technical means to realize the regulation of freedom of speech in the network.The third part mainly introduces the specific situation of foreign network speech regulation and analyzes the Enlightenment to our country: the regulation of Internet speech by the United States is to divide the network speech into political speech and non-political speech,and the degree of the legal regulation of the non-political speech is higher,but it still needs to conform to the minimum injury limit and the proportion principle.Germany's regulation of online speech is mainly through the strict control of domestic special legislation.The regulations of the United States and Germany on the free speech of the Internet have some reference to our country.The Forth part gives some suggestions on the perfection of the legal regulation of free speech in our country: from the legislative procedure of free speech regulation,and the regulation content of the free speech of the internet and the way and the angle of the government regulating the freedom of speech of the network.