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On Freedom of Expression on the Internet and Government Regulation

Author: ZhangShang
Tutor: WangJunFengï¼›GuoShaoMin
School: Henan University
Course: Constitutional and Administrative Law
Keywords: Network Freedom of expression Government regulation
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 427
Quote: 4
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Abstract


The emergence of the Internet as freedom of expression provides a new platform for freedom of expression in an unprecedented event. Network expression is inclusive, open, real-time, autonomy, anonymity, interactivity, etc., and thus has its unique value. Internet freedom of expression in expanding democracy and strengthen supervision, social grooming, and promote the dissemination of knowledge, self-realization has played a good role in promoting. But freedom of expression rights abuse can lead to national security, public interests and individual legitimate interests infringed, such as spam messages and mail, pornographic information flood damage social public order and morals; networks freedom of expression abuses endanger national security, leaking state secrets; invasion of privacy, defamation cases have occurred; increasing other intellectual property infringement cases. It is based on some of the above factors, which need the government within the framework of the legal expression of appropriate monitoring network, in order to guide its development in the right direction. Government regulation of freedom of expression on the one hand, the network is based on national security, public order, public health and public morality such as the public interest, on the other hand is based on the right to privacy and reputation protection and other personal interests. Thus in dealing with freedom of expression and the public interest networks and personal conflicts of interest, we must follow the principle of public interest, the principle of legal reservation, restriction of fundamental rights principle of proportionality, and afterwards limitation principle, the principle of clear and immediate danger, the law provides clear precise principles, infringement of the right to express relief should principle between the two to find a reasonable balance. Protection of freedom of expression in the current network, there are many undesirable places, such as the network of freedom of expression legislation vacancy, lower level, strengthen the government management of the network while ignoring the respect of freedom of expression and protection. In order to fully protect the freedom of expression, the government should strengthen legislation to protect and reduce France from various sources; speech content of network management at different levels; guide the Internet industry to strengthen self-discipline, to minimize legal regulation; strengthen the network and persuasion, to reduce the \All in all, the freedom of expression as a fundamental human right protected by the Constitution of the highest, treat freedom of expression in this emerging network of things, the government should be more reduced as much as possible to strengthen the protection and restrictions.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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