Reining the Web back
In the name of controlling order on cyberspace and protecting Web users' privacy, the Chinese authorities are mulling whether more regulation should be imposed on the Internet. But many view this potential move as a threat to the development of the Internet as well as an attack on freedom of speech.
In December 2012, State-run media such as the People's Daily, Guangming Daily and China Central Television all published editorials and reports stating the complications in cyberspace and the necessity of more online regulation, sparking frenzied queries as to how these rules may be manifested.
While the Internet has been a boon in making many aspects of daily life much more convenient, it has sparked some troubles such as making business fraud and libel easier, while also fostering the starting and spreading of rumors, a front page editorial by the People's Daily read on December 18.
Thus, the Internet should not operate outside the reach of the law since online declarations or activities could violate the law, either intentionally or unintentionally, the editorial appealed.
Following these articles, a debate sprang up as to what extent the virtual world should be governed like the real one, or whether separate rules should delineate online behavior.
Too many masters
Business fraud has run rampant, which has been one of the main lines of attack used by those favoring regulation.
As for cracking down on Internet fraud or online pornography, no government department is either willing to manage this process or take it seriously, even if it falls within their job description, Lü Benfu, an expert on Internet security at the Chinese Academy of Sciences, told the Global Times.
For Lü, the Internet links so many industries and government departments that its current state of operation has become acceptable with many leaders as long as it doesn't stray too far out of bounds.
However, in any instance where profits can be reaped, several departments compete to get their fingers in the pie while ignoring their actual oversight. "When some departments compete to manage an area of the Internet, it means big money is there," he said.
China already has many rules to govern the Internet, despite those who say it is lawless. "The wording that 'the Internet shouldn't be operated outside the law' is quite dramatic," said Lü.
He stated that at least nine government departments have a measure of responsibility in controlling the Internet.
Among these are top State institutions such as the Ministry of Industry and Information Technology, Ministry of State Security, the State Council Information Office, the Ministry of Culture and the Ministry of Public Security.
Lü's statement is shared by Liu Xingliang, an IT commentator with the Internet Society of China. "There are many 'heads' for us to deal with and Internet practitioners have become bored of this," Liu told the Global Times, adding that there is no sector outside the Internet that is governed by so many different departments.
For online games to be approved, they must pass the oversight of both the General Administration of Press and Publication (GAPP) and the Ministry of Culture. Any given game needs to be approved by GAPP and then by the Culture Ministry before entering circulation. For industry insiders, this is a classic case of over-management since a single government department could manage this alone.
To Liu, the Internet industry does present a huge potential but he sees another problem beyond mass oversight. The rules governing the Internet are frequently set by laymen and outsiders who do not understand the platform.
He once attended a seminar concerning laws for online games, a rapidly developing area. Some game players can spend over 10,000 yuan ($1,608) a month for their dose of fun. Liu was the only representative of the Internet industry as most people there were over 50 years old and had never played computer games. "You can imagine the result when such a team of people make laws," he lamented.
How to regulate matters
"It's true that the government has paid close attention to content security on the Internet, and has increasingly realized the importance of supervising new channels of communication," Chen Zhigang, manager with Dongli Communications, told the Communications World website.
Chen points out that content security covers a very large scope, and that it currently remains unclear what the specific targets of the supervision process are.
"For mobile Internet, is it the government's goal to supervise websites like Baidu and Tencent or the Web users themselves?" asked Chen. He called for these objectives to be made clear, so that the industry can realize whether they intend to let it prosper or whether they are purely for security reasons.
Jia Jinghua, a new media expert with Analysys International, agrees with Chen. Jia told the Global Times that it is necessary to regulate the Internet since news is often released online without being fact-checked, especially through social networks.
He proposed that an accountability mechanism be established for network media staff to guarantee the authenticity of information sources.
"A transparent system can be established if the Internet is managed by the media, but if the government runs the show, it will lead to a situation where one person has the final say," said Jia.
Procedure is important. As to the deleting of posts, Jia proposed that an open mechanism be created. Why posts need to be deleted or what is wrong with a specific piece of information should be thoroughly explained to Web users.
Self-governance works
The Internet could also become a prime target given the key role it plays in fighting against corruption, which has made some officials realize they are in danger, according to Lü.
He admits that balancing Web users' rights and responsibilities is critical. As for whistle-blowers, they must be protected but should also take responsibility for what they say and face punishment if maliciously denouncing innocents.
It is understandable that problems such as fraud and slander exist in cyberspace and they must be managed, says Liu, but it should be noted that these problems are also found in the real world.
"We cannot simply ban sales of kitchen knives just because some people use them for violent ends," he said, adding that the Internet's own rules of development should be maintained free of interference from government hands.
Some argue that online communities naturally develop a self-correction and censorship system whereby if Web users do not know if a story is true when first released, they will discover if it is so in a matter of hours, explains Lü, adding that it is impossible to cover up the truth once it is exposed. But this is just what some people are afraid of.
However, for Internet practitioners, it is almost taboo for them to comment directly on the potential tighter regulations they are facing. Interview requests to Baidu and Sina both went unanswered.
In the US, when Congress was mulling the Stop Online Piracy Act (SOPA) to halt the spread of online piracy, the US Internet community went to war. Heavyweights such as Google, Wikipedia, Reddit and Tumblr led a huge public protest to defeat SOPA with some of them even going dark for 24 hours. Eventually, SOPA was dropped amid numerous claims that it would harm free speech.
Freedom of speech
The reason why the Internet developed so quickly in China and why it had so many globally successful entrepreneurs early on is because the government didn't get too involved at its inception, said a moderator with Tianya, a leading online forum, speaking anonymously.
The Internet should operate under the law, but Web users are concerned about which laws they should be following exactly, he said, adding that there are too many examples of people being punished for speaking out.
"Whether the new law is consistent with the Constitution is what people care about," he said. Article 35 of the 1982 State Constitution states that citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.
Thus, those who delete people's posts or block accounts should take responsibility for their arbitrary behavior, the Tianya moderator said.
He believed that for online offenses like fraud and slander, the current civil law articles are already enough to cover them. "There is no need to enact a specific law just for the virtual world," he noted.
As for social networks requiring real-name registration, opinions are divided.
Actually, the real-name registration system isn't a great solution, IT commentator Liu Xingliang said. South Korea, which launched the system for Web users in 2007 to regulate cyberspace, abandoned it in 2012 after the system turned the Internet into a treasure trove of personal information for hackers and a real burden for the government due to the heightened risks.
Besides, different websites set their own rules to restrain Web users' behavior or extreme declarations.
"Too much emphasis on regulating the Internet would leave people the impression that the government is not open-minded enough, especially in the eyes of foreigners," the moderator lamented.