As of today (August 1), the "Provisions on the Governance of Information on Online Violence" came into force, and the "Provisions" make it clear that network information service providers shall, under the guidance of the national cyberspace information department and the relevant departments of the State Council, refine the standard rules for the classification of online violence information, establish and improve measures such as a database of online violence information characteristics and a sample database of typical cases, and strengthen the identification and monitoring of information on online violence. So, what are the specific requirements? What role can it play? Expert interpretation↓
Refine the standard rules for categorizing information on online violence
"Online violence information" as used in the "Provisions" refers to illegal and negative information that is published on individuals in the form of text, images, audio, video, etc., through the Internet, and contains content such as insult and abuse, rumor and slander, incitement of hatred, coercion and coercion, invasion of privacy, as well as accusations and ridicule, derogatory discrimination, and other content that affects physical and mental health.
Establish and complete early warning models for online violence information
The "Provisions" proposes that online information service providers shall establish and complete an early warning model for online violence information, and promptly discover and warn of online violence information risks based on factors such as the type of incident, the target entity, the number of participants, the content of the information, the frequency of publication, the scene of the link, and the reporting and complaint.
Zhao Jingwu, associate professor at the School of Law of Beijing University of Aeronautics and Astronautics: Because platform operators are not law enforcement agencies, it is difficult to effectively screen some obscure information on online violence.
The "Provisions" require that where online information service providers discover the existence of information risks of online violence, they shall promptly respond to social concerns, guide users to interact in a civilized manner and express themselves rationally, and promptly employ measures such as dynamic verification of real identity information, pop-up window prompts, violation warnings, and traffic restrictions for abnormal accounts; Where it is discovered that there is a significant increase in the volume of browsing, searching, commenting, or reporting of relevant information content, it shall also be promptly reported to the relevant departments.
Liu Xiaochun, Director of the Internet Rule of Law Research Center at the University of Chinese Academy of Social Sciences: Our regulatory authorities have accumulated a lot of experience in the prevention of cyberviolence, and can effectively screen and identify cyberviolence in advance when it does not cause harm due to the spread of cyberviolence.
Establish and complete credit management systems for user accounts
Experts pointed out that the manifestations of cyberviolence information are not necessarily in the form of fierce abuse, attacks and other behaviors, and some may take a very hidden way, but the harm caused to the parties is equally huge. Therefore, the "Provisions on the Governance of Information on Online Violence" implemented this time not only requires online information service providers to formulate classification standards for cyberviolence information, but also requires that management rules and platform conventions should be formulated and disclosed.
The "Provisions" put forward that if an online information service provider provides users with services such as information release and instant messaging, it shall authenticate the real identity information of the user in accordance with the law. Where users do not provide real identity information, network information service providers must not provide them with relevant services.
Liu Xiaochun, Director of the Internet Rule of Law Research Center of the University of Chinese Academy of Social Sciences: The construction of a multi-subject collaborative governance mechanism before, during, and after the event can provide more comprehensive protection for the parties than the after-the-fact governance, so that they can be protected from harm, and the same is true for intervention during the event.
The "Provisions" require that network information service providers shall establish and complete a credit management system for user accounts, record violations of laws and regulations involving online violence information in users' credit records, reduce the credit rating of accounts or enter them into blacklists in accordance with laws and agreements, and restrict account functions or stop providing relevant services accordingly.
Zhao Jingwu, associate professor at the Law School of Beijing University of Aeronautics and Astronautics: Establishing and improving the account credit management mechanism can play a good role in deterring and leaving traces of cyberviolence information. Because in practice, there are often some people who pretend to be the close relatives of the perpetrators and victims, and use these names to increase the popularity of their accounts by attracting traffic. Through the establishment of such a mechanism, everyone can control the flow of cyberviolence information from the whole process, and at the same time, everyone does not dare to engage in cyberviolence at will.
Complete functions for the protection of online violence information, and improve rules for private messages
What are the specific measures in the Provisions on the Governance of Online Violence Information to protect the rights and interests of users when encountering online violence?
The "Provisions" put forward that online information service providers shall establish and improve online violence information protection functions, and provide convenient users to set up online violence information protection options such as blocking strange users or specific users, the visibility range of information published by themselves, and prohibiting the reproduction or comment on information posted by themselves.
Network information service providers shall improve rules for private messages, providing convenient options for users to set up online violence information protection options such as only receiving private messages from friends or refusing to receive all private messages, and encouraging the provision of functions such as intelligent blocking of private messages or custom private message blocking words.
Liu Xiaochun, Director of the Internet Rule of Law Research Center of the University of Chinese Academy of Social Sciences: The regulations actually give users a lot of personalized settings, such as the scope of comments or private messages, and give users the ability to block specific users and determine the visible scope of their information releases, including one-click prevention of cyberviolence, and put themselves in an undisturbed environment. For private messages, you can also set the settings of receiving, who can and can't receive, whitelist and blacklist.
The "Provisions" proposes that online information service providers discover that the risk of online violence information involves infringement of the legitimate rights and interests of minors, the elderly, the disabled, and other users; Infringing on the user's personal privacy; If measures are not promptly employed, and serious consequences such as harm to users' persons or property might be caused, users shall be provided with guidance on the protection of information on online violence and protection and rescue services, assist in initiating protective measures, and report to relevant departments such as for internet information and public security.
In addition, the "Provisions" also require online information service providers to promptly preserve evidence related to online violence, and promptly accept and handle complaints and reports.
Multi-departmental collaborative working mechanisms to effectively regulate online violence
The "Provisions on the Governance of Online Violence Information" implemented this time clearly states that the internet information department, in conjunction with relevant departments such as public security, culture and tourism, radio and television, shall supervise and inspect the governance of online violence information by online information service providers in accordance with law, so as to achieve all-round governance of online violence.
The "Provisions" proposes that the internet information department, in conjunction with relevant departments such as public security, culture and tourism, and radio and television, establish and complete working mechanisms such as information sharing, consultation and notification, evidence collection and collection, and case supervision, to coordinate the governance of online violence information.
Public security organs shall promptly conduct a review of leads on violations and crimes involving online violence information transferred by departments such as for internet information, culture and tourism, and radio and television, and promptly file a case for investigation and investigation where the requirements for filing a case are met.
Zhao Jingwu, associate professor at the School of Law of Beijing University of Aeronautics and Astronautics: This kind of multi-departmental collaborative working mechanism can more effectively prevent and control vicious online violence incidents from multiple regulatory paths, and is also in line with the governance principles mentioned in the "Provisions" that adhere to the prevention at the source, the combination of prevention and control, the treatment of both symptoms and root causes, and collaborative co-governance.
(Source: CCTV News Client)