On The Regulation Of Users' Speech By Social Network Platforms

With the quick development of Internet,people become more and more dependable on the social network platform,where can be an important place to express oneself,but the expressions are limited to the laws and the manner standards which are contents in the users' service agreement.For the speech on the platform was deleted or shielded,some people think it is reasonable based on the legal relation which is referred to the users' service agreement.However others think it will harm the freedom of expression.On the one hand,under the product mode of web2.0,the social network platform itself has more open space for expression,while on the other hand,it is restricted by the speech norms of the user.Social network platform based on network technology itself,through set-top,recommend,hot search functions such as guiding network public opinion direction actively,through broken links,delete,block and other means to stop related information transmission services,the "power" of network technology without legal supervision tend to become the "water army","deletion for payment" of those breeding soil.In private law,the social networking platform should fulfill their obligation to "notice-delete",and without the obligation of censorship beforehand,but under the background of public law,social networking platform review obligation is aggravating,the network safety ",for example,as a network service provider for prohibited from owes a duty of monitoring information,and perform "stop transmission,records,report to the relevant authorities",otherwise,will be punished by the relevant laws.In judicial practice,some courts,in the trial of the case of social network platform as the defendant,directly defined the act of deleting information as belonging to the adjustment scope of network service agreement,deliberately avoided the problem of limiting users' speech,and some courts tried to explain the freedom of online speech.This paper argues that by setting up reasonable platform censorship obligations,clarifying the types of speech,strengthening the supervision of the platform and increasing users' relief rights,the situation of online speech protection may be improved.