| Relying on natural technology and resource advantages,network platforms have become the "main force" of cyberspace governance.Complex network environment,convenient and efficient platform governance advantages and other factors make the main responsibilities of platforms under the governance logic of " Manage networks with networks" constantly strengthened.In terms of information content governance in cyberspace,public authorities urge online platforms to fulfill their obligations by teaching them information content management obligations so as to fulfill the main responsibilities of content governance.As the main field of users’ communication and expression,network social platforms are closely related to the exercise of users’ basic rights such as freedom of speech and criticism and suggestions.However,in the process of fulfilling the obligations of information content management and the main responsibilities of the platform,the network social platforms have caused a series of problems such as the erosion of users’ rights and breaking the principle of proportionality.In view of the actual control power of social platforms over users,social platforms have certain basic rights protection obligations for users,and the information content management obligations of platforms and basic rights protection obligations inevitably conflict in the process of performance.Therefore,in order to ensure the correct application of the information content management obligation norms and promote the platform to properly perform the information content management obligations,it is necessary to clarify the connotation and extension of the platform information content management obligations,so as to achieve a balance between the management of information content on social platforms and the protection of users’ basic rights.Article 47 of the Network Security Law stipulates the information content management obligations of network platforms,requiring platforms to strengthen the management of information released by users,and immediately stop transmission of information prohibited from being released or transmitted,take disposal measures and report.On this basis,relevant laws and regulations have also detailed this obligation,but the expression of the provisions on the platform information content management obligations is still relatively general and not operable.In order to enhance the applicability and operability of the platform’s information content management obligations,according to the phased characteristics of information content transmission on social platforms,it is necessary to systematize the information content management obligations into the review obligations at the time of information release,the review obligations during information transmission and the disposal obligations after information review.Firstly,the scope boundary of the platform information content management obligation should be determined to avoid the excessive expansion of the obligation.Secondly,it is necessary to clarify the specific way of performing obligations to avoid improper performance of obligations.Finally,it is necessary to clarify the standards for fulfilling obligations to avoid increasing the burden of obligations on the platform.Therefore,the correct application of content management obligations on social platforms should focus on three aspects: the scope of obligations,the specific way of performance and the standard of performance of obligations.The audit obligation of social platforms when releasing user information is a general monitoring of information content,which is applicable to illegal information that is obviously illegal and can be accurately identified and filtered by algorithm technology.By optimizing the compilation mechanism of illegal and undesirable catalogs,the standardization of the platform information release audit obligation is realized.In order to reduce the legal risks of social platforms and guarantee the freedom of expression of users,the platforms have a lower duty of care for illegal information and adopt formal review standards for whether the platforms fulfill the review obligation of information content release.The scope of the censorship obligation in the transmission of information content on the platform is limited to all illegal information,legal censorship obligation for illegal information and moral censorship obligation for bad information.The selection of censorship measures is based on users’ rights.In terms of obligation fulfillment,according to the different ways of finding illegal information,the audit standards should be detailed and the audit procedures should be optimized.In the stage of information content review,standards of reasonable care should be adopted for whether the platform performs the duty of reviewing illegal information,and corresponding liability exemption mechanisms should be set up.The disposal obligation after information review shall be limited to the purpose of stopping transmission,and the disposal measures that seriously restrict users’ basic rights shall not be made by the platform.The Platform applies the principle of modified proportionality and the principle of private due process to the disposal obligations of illegal information to prevent arbitrary disposal by the platform from both physical and procedural aspects.In order to avoid the "result-oriented" obligation fulfillment standard aggravating the platform’s obligation burden in practice,the administrative authorities should adopt strict prudential standards on whether the platform performs the illegal information disposal obligation.The platform’s disposal of information content itself and user accounts should comply with the entity norms and formal procedure requirements,and be bound by the principle of proportionality,legal reservation and other principles of public law.To sum up,the systematic construction of information content management obligations of network social platforms needs to be based on the third-order obligation division of review obligations at the time of information release,review obligations during information transmission and disposal obligations after information review,clarify the scope boundary of information content management obligations,clarify specific ways of fulfilling specific obligations,and reasonably set standards for the performance of information content management obligations.In this way,the main responsibility of platform content governance can be implemented,the platform content management obligations and basic rights protection obligations can be balanced,and the role of social platforms in network ecological space governance can be maximized. |
