Research On Network Service Provider Information Review Obligation

The development of the network facilitates the dissemination of information and enriches people's spiritual life,but a large number of illegal information also enters the network field.The illegal information carried by the network platform has exceeded the examination ability of government organs,and the spread of illegal information has gradually become a worldwide governance problem.When it comes to illegal information within the scope of public law,such as "incitement to national division,pornography,violence and violation of social good customs",the censorship of government agencies is even more inadequate.To this end,governments all over the world seek for an efficient and flexible governance model,to give isps certain information management obligations,China is no exception.In the field of private law,under the principle of safe harbor,Internet service providers do not have the obligation of substantive review of network information,but only have the obligation to delete when notifying infringement.However,in the field of public law,once online illegal information appears in public view,its negative impact is irreversible and the damage to society is also inestimable.In addition,Internet service providers can have substantial access to illegal information,and they can also obtain higher efficiency of censorship at a lower cost by virtue of their technological advantages.Therefore,it is inevitable for Internet service providers to undertake certain information censorship.However,this review obligation faces many difficulties.At the level of norms,there are disputes about the legality of the transition of public right to private right and the parallel of the duty of public law and private law.Exist in practical level examination scope broad,review standard one-size-fits-all model of blurred,examining measures such as imperfect legislation,and the problem of network service providers to extreme type review makes the network service provider review patterns of behavior and legislation gives its censorship gradually deviate from the obligation of purpose,the review behavior constantly challenge reasonable boundaries of free speech,also restricts the development of network economy.Therefore,it is necessary to clearly define and strictly restrict the censorship activities of Internet service providers,so that they can fulfill their censorship obligations within a lawful and reasonable scope of authority.In this paper,the theoretical,normative,comparative and entity and process combined research methods,on the basis of full reference to foreign effective system,a total of five parts of the study and analysis of this problem.In the first part,the origin of isps' censorship obligation is described,and the differences between domestic and foreign censorship systems are compared from both domestic and foreign perspectives.The second part and the third part respectively explain the legitimate basis and limiting factors of isps' censorship obligation,and demonstrate the rationality and inherent defects of private censorship in theory and practice.The fourth part analyzes the legislation of isps' review obligation and points out the problems in the current legislation.The sixth part,based on the balance of network authority,maintains the freedom of speech of users and prevents the abuse of the censorship rights of Internet service providers.It proposes to restrict the censorship obligations of Internet service providers from six aspects.This includes the limitation of the scope,standards and procedures of the review,as well as the idea of establishing a common governance framework for administrative and private rights.