Freedom of speech, also called freedom of expression, is the right to impart one’s opinions and ideas through any media without fear of government retaliation or censorship, or social sanction.
Such a freedom is a basic human right written in the Universal Declaration of Human Rights and the constitutions of most nations. However, there should always be certain restrictions on exercise of the right to freedom of speech in order to not harm other people.
In the present day, with the rapid development of Internet technology, freedom of speech has extended to the virtual world, in which many people post pictures, text, video and other forms of information. While the Internet provides us with an ideal platform for having fun, interacting with others, working and study, it is also a place where violent and negative emotions can be fostered. Due to the openness, interactivity and anonymity of the Internet, netizens’ irresponsible words and deeds have become Internet violence. There are more and more victims of such, from insults, slandering and libeling, cyberthreats, cyberbullying, unauthorized disclosure of intimate information and other forms.
In January 2017, the official Weibo of Haidian District People’s Court of Beijing released a message saying that the famous young Chinese actor Kris Wu had won the lawsuit against an anonymous claimant for infringement on the right of reputation. In the case, a Weibo user, claimed that Kris Wu led a debauched life, and owed a debt of ¥350 million. Such a vast amount of vulgar and false information caused a tremendously adverse impact on the image of Kris Wu, and thus he brought proceedings against the Weibo user in the Haidian District People’s Court of Beijing for infringement on the right of reputation. On January 12, 2017, the Court closed the case with a judgement that ordered the user to make a declaration and make an apology to Kris Wu for 15 consecutive days on the first page of the microblog in question and pay to Kris Wu ¥20,000 as damages for mental distress and ¥12,200 as reasonable expenses for defending his right.
The People’s Republic of China long ago noticed the adverse effects of Internet violence, and has enacted legislation to cope with such problems. In consideration of the circumstances of judicial practice, the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues in Application of Law in Handling Defamation and Other Criminal Cases in Use of Information Networks, which has went into effect as of 10 September, 2013. The Interpretation specifies the circumstances for conviction of the crime of defamation, stirring up fights and causing trouble, extortion and other offences committed in use of information networks.
According to a news report posted on the Chinese Police Website (www.cpd.com.cn), Zhang Xiaoqing, a deputy to the National People’s Congress, proposes that the competent authorities should intensify enforcement of laws, promulgate the corresponding laws and regulations, protect the private information of citizens and carry out the real name system on the network, in order to prevent Internet violence; that the network operators should perform their legal responsibility of information examination and protection of the information of users; and that effective education should be given to netizens to strengthen self-discipline, and to promote civilised and responsible deeds on the Internet.
We expect the Internet to be a peaceful place for everyone; however, if you suffer from any form of Internet violence, be brave to face it off with the weapon of law. Only if more and more violators of the law are punished, can the internet environment can become a more purified, friendly and peaceful place.
This article is intended solely for informational purposes and does not constitute legal advice. Although the information in this article was obtained from reliable official sources, no guarantee is made with regard to its accuracy and completeness. For more information please visit dandreapartners.com or WeChat: dandreapartners.
