On The Application Of Safe Haven Rules To Network Users In The Age Of We Media

In the age of we media,the innovation of network technology promotes the change of network legal relationship,resulting in many new legal problems,it should be badly in need of legal definition,such as the definition of Internet users in the the age of we media,whether the network users have administrative authority or not,what is the duty of care to the network users.traditional safe haven rules are difficult to answer to above problems very well.this paper start from the features of the decentralized media activities,and put forward the safe haven rules applicable to Internet users,through the participation of Internet users,to form a national monitoring network environment and reduce network tort damages to the largest extent.This paper is divided into the following three parts:The first part,first of all,defines the conception of we media era,analyzes the differences of structure between traditional Internet and the network in the age of we media,and redefines the Internet users in we media era.Secondly,it summarizes the particularity of network activities in the age of media,which is the anonymity of network users,decentralization of network activities and the concealment of network infringement.Finally,because of the particularity of network activity,there are the challenges for the safe haven rules,such as safe haven rules for the provisions of the applicable subject is too narrow,and disguise the legal relationship between Internet users,what ' t more,it does not play a good performance on preventing infringement.The second part expounds the feasibility of applying safe haven rules to network users from three aspects: organizational structure,procedure and responsibility.First of all,the organization structure,the network users' control to network content,is similar to "information channel" neutral position of Internet service providers,network users can undertake "duty of care".Secondly,according to the operability of the program,network users have the ability to receive notifications and delete the Internet information.Last but not the least,the liabilitywill be debated from both positive and negative,it must be figured out that the advantages of safe haven rules apply to network users,and the disadvantages of other theory.The third part,from the developing history of safe haven rules,responsibility and "duty of care" can be found they are just a hypercorrection and dynamic balance over time,the value orientation of safe haven rules should not only attach importance to the right,but also pay attention to balancing the interests of all parties.At the same time,since safe haven rules can apply to network users and Internet service providers,then it is necessary to argue about the logical relationship between the two,and make clear the legal responsibility of the infringer among Internet users,the Internet service provider.Finally,the governance of network tort requires that Internet service providers and network users must abide by the law strictly,and strengthen the self-discipline of the industry.