Now,In a complex network bet365 sign up offer environment,Some falsehood、Untrue、Bad bet365 sign up offer and rumors flood the space of various media platforms,Despite the introduction of a series of laws, regulations and policy initiatives at the national and local levels,But false bet365 sign up offer and rumors continue to be banned。How to use the rule of law to improve the false bet365 sign up offer and rumor governance system,Do a good job in popularizing the law and checking news facts,Keep the bet365 sign up offer and public opinion position,Fight the bet365 sign up offer war in the new era、Public opinion war,It is a topic worth discussing。
Legal shortcomings in controlling false bet365 sign up offer
Our country’s existing laws related to preventing the spread of false bet365 sign up offer and rumors are divided into general legislation、Administrative Law、Special legislation,A system of laws and regulations to regulate false bet365 sign up offer and rumors has initially been formed,However, my country’s existing laws and regulations mainly have shortcomings in the following five aspects。
First, some laws and regulations are not very operable,Legislation and Judiciary、Law of Law Enforcement,Poor implementation of the law。The reason why operability is not strong,The main reason is that the relevant laws and regulations are relatively general,Lack of necessary judicial interpretation and detailed regulations,Resulting in greater room for discretion,Law enforcement agencies are at a loss as to what to do。For example,In accordance with the provisions of administrative law,The spread of online rumors can be regulated,However, due to the lack of clear identification standards for "lesser" and "more serious" circumstances,As a result, law enforcement agencies cannot accurately grasp the intensity of punishment when combating online rumors。The "Criminal Law" does not clearly define provisions such as "serious consequences" and "heavy losses",Lack of clear definition and judicial interpretation of “online false bet365 sign up offer and rumors”,Easy to lead to rumors and false statements、Rumors and other confusion,To clarify illegal activities、The application of laws such as liability liability raises hidden dangers。
The second is against the producers of false bet365 sign up offer、The punishment for spreaders and rumor makers is not strong enough,Limited legal deterrence。In terms of administrative law penalties,Detention、Fine and other penalties are lighter,Not enough to deter false bet365 sign up offer producers in law enforcement practice、Spreaders and rumormongers。For example,Article 25 of the "Public Security Administration Punishment Law",“Spreading rumors and deliberately disrupting public order,Should be detained for not more than 10 days or fined not more than 500 yuan”。500 yuan fine for producers of false bet365 sign up offer and spreaders of rumors on the Internet,Loss too low,Make it fearless。In the Criminal Law, "damaging business reputation、Commodity reputation crime” and “fabrication、Criminal punishment for the crime of intentionally spreading false bet365 sign up offer,Basically no additional restrictions or deprivation of political rights,Allows criminal subjects to continue to publish or spread false statements while receiving punishment,Seriously weakening the deterrence of the law。
The third is related responsibility types、Unclear responsibility content,Unspecific way of assuming responsibility,Lack of operational means to determine false bet365 sign up offer and rumors。False bet365 sign up offer、Legal liability involved in spreading rumors,Including civil liability、Three types of administrative liability and criminal liability。In terms of civil liability,If the disseminator of false bet365 sign up offer and rumors infringes upon the reputation rights of citizens or the goodwill of legal persons,But it does not constitute a crime,According to the relevant civil laws and regulations of our country,Responsibility to stop infringement、Restore reputation、Liability to eliminate effects and compensate for losses。But the Civil Code only stipulates that when the network operator knows the infringing bet365 sign up offer but fails to take necessary measures,Should bear joint liability,Failure to clarify the role of network operators in the spread of false bet365 sign up offer and rumors、Channels to learn about rumors,And what specific measures to take, etc.。In specific legal operations,When false bet365 sign up offer and rumors occur,The first problem faced by network operators is that it is difficult to identify false bet365 sign up offer and rumors from the "mass" of bet365 sign up offer,Easy to cause “one size fits all” approach,That is, all "suspected" false bet365 sign up offer and rumors will be directly deleted or blocked。This is not only not conducive to timely clarifying false bet365 sign up offer and rumors on the Internet,It may also damage citizens’ right to freedom of speech。
Fourth, the rights relief system in existing laws and regulations is incomplete,It is difficult for the rights holders who have been infringed to defend their rights。Although existing laws and regulations,The victim sued the People’s Court,Having difficulty in providing evidence,The People’s Court may request the public security organs for assistance;But as for the victim’s false bet365 sign up offer、In terms of civil lawsuits filed for rumor infringement,Due to the anonymity of Internet users,my country's "Civil Procedure Law" regards "clear defendant" as one of the requirements for the plaintiff to file a lawsuit,Therefore,It is usually difficult for the victim to find out the true identity of the other party,Thus creating difficulties for them to file a lawsuit,The subsequent evidence collection process is more difficult。Although the Civil Code stipulates the relevant responsibilities of network infringers and operators,But how to define "know" and what are "necessary measures",The legal provisions do not specify it,Enables the plaintiff to file an infringement lawsuit,Facing the problem of "difficulty in obtaining evidence",Thus increasing the difficulty for victims to safeguard their rights according to law。
Fifth, existing laws and regulations apply to overseas media organizations and personnel in a wider scope,Legal punishment is more cautious。In the current complex international public opinion environment,Some overseas media organizations and personnel frequently publish false bet365 sign up offer、Rumor,Smear China,Damage China’s image。The application of my country’s laws and regulations to overseas institutions and personnel,Large room for discretion,No strict and detailed legal provisions;Insufficient response to false bet365 sign up offer and rumors created by overseas media and personnel,Most of them only stay at the verbal level。At the same time,It is difficult to identify some of the behavioral requirements of overseas institutions and personnel under my country’s existing laws and regulations,Legal punishment is more cautious,Generally have an attitude of criticizing and urging correction。
Improving the bet365 sign up offer and regulatory governance system
First,Further improve the content system of national laws and regulations。First of all, we must start from Article 291 of the Criminal Law、Article 25 of the "Public Security Management Punishment Law"、"Internet bet365 sign up offer Services Management Measures", "Network Security Law" and other aspects to improve laws and regulations,Learn from international legal experience and domestic judicial practice cases,Optimize legislative content、Legal provisions and administrative regulations、Rules,Improve the operability of legal provisions。At the same time,Government departments and social organizations、Industry groups should issue early warnings on hot social issues from time to time,According to the report or the request of the prosecutorial agency,To false bet365 sign up offer、The main body of rumor production and dissemination、Communication Channels,Take corresponding legal penalties and restrictive measures。For suspected illegal activities,Pursuing the administrative or criminal liability of the corresponding responsible parties。
Second,Further play the governance role of industry organizations。Make full use of industry organizations、The role of social groups and university experts,Improving industry organizations regarding falsehoods、Untrue、Governance system for bad bet365 sign up offer and rumors,Improve system execution effectiveness,Strengthen supervision of false bet365 sign up offer and rumors。Industry organizations should develop professional ethics codes that include preventing false bet365 sign up offer and rumors,Ensure bet365 sign up offer dissemination is objective and true,Emphasis on bet365 sign up offer ethics and social responsibility,Restrict abuse of freedom of press and bet365 sign up offer dissemination,Respect citizens’ private rights。Building a news bet365 sign up offer evaluation system,Strengthen the supervision of bet365 sign up offer content on various media platforms。It is recommended to rely on relevant industry associations across the country and provinces (municipalities)、Social organization,Establishment of bet365 sign up offer Committee,Responsible for arbitrating bet365 sign up offer content dispute cases。
Third,Strengthen legal education,Improving the legal self-discipline of the media。Establish a strict bet365 sign up offer content censorship system within mainstream media,Prevent the spread of false bet365 sign up offer and rumors。Hire an internal "media ombudsman" or "reader representative",Collaborative review and supervision,Or establish an bet365 sign up offer content inspection office or a news content inspection committee,Strengthen the self-supervision of mainstream media。To reduce false bet365 sign up offer、The negative impact of false news and rumors on the image of mainstream media and media credibility,Need to give full play to government departments、Industry Association、Major forces such as social groups and universities,Strengthening legal education on laws and regulations governing false bet365 sign up offer and rumors,Strengthen the bet365 sign up offer content production of the media and its practitioners、Legal self-discipline of communication。
Fourth,Do a good job of verifying news facts and bet365 sign up offer content。Currently,Social media platforms have become an important bet365 sign up offer dissemination medium,False bet365 sign up offer and rumors in social media spaces tend to proliferate in a short period of time、Fission,Accompanied by various benefits、Prejudice and extreme emotions,Easily produce widespread and bad social impact。This requires social media platforms to build a complete bet365 sign up offer content verification system。Fact-checking agencies play the role of “gatekeepers”,Holding the media power to determine the “truth” of facts,This power should not be monopolized by institutional media,Instead should be “redistributed” by different types of fact-checking organizations。bet365 sign up offer content verification entities should include the following categories: fact-checking organizations derived from traditional mainstream media,Be responsible for the bet365 sign up offer ethics and social responsibility of the media organization;By journalism school、A third-party fact-checking organization created by journalists, editorial groups and other entities;Verification entity under the network technology company,Such as "Tencent is more serious";Verification body of social media platforms,For example, WeChat’s official rumor refuting account “Rumor Filter”。
Fifth,Keep the bottom line of the law,Improving the accountability system。To maintain the bottom line of the law,Government departments need to mobilize various media platforms、Social organization、Internet companies and industry experts,Build a complete and operable accountability system。Intensify efforts against fake news、Legal punishment for bet365 sign up offer,Be sure to hold everyone accountable。First,Establish a file system for news gathering and editing personnel who violate disciplines and regulations,Improving online verification of press credentials、Function to query disciplinary and violation records;Secondly,Establish an exit mechanism for employees of news and various media platforms,Subjective malicious fraud、The black sheep who seriously violates laws and disciplines,We must resolutely eliminate the news media team;Again,Further improve the news media market exit mechanism,Review all types of media, especially social media, that have serious violations or have not improved after rectification,Implement market exit mechanism。
(Author’s affiliation: School of bet365 sign up offer and Communication, Shanghai Jiao Tong University)
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