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Publish and be deleted

  • Source: Global Times
  • [22:12 February 25 2010]
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Vague laws

There are 14 general laws and regulations governing illegal online behavior, all vague and lacking in detailed, practical provisions, according to Li Yonggang, a professor of Internet politics from Nan-jing University, in his newly published book Our Great Firewall: Expression and Governance in the Era of the Internet.

"As a result, it's difficult to draw a line when operators and Web users censor, apart from the well-known restricted field of political issues," he wrote.

There are more than 10 government organs entitled to supervise the Internet, Li said. This inevitably gives rise to conflicts, he believed.

Bans are also increasingly unpredictable, he said. Recipients receive no explanation and no comeback. Chinese mainland Web users tend to react with a pessimistic, alienated and impotent attitude.

"Chinese may criticize the evils of society, but at the same time they feel like participants," Li said.

"In fact the Great Firewall is rooted in our hearts as so little 'harmful information' will ever come to light thanks to individuals' self-discipline and website operators' self-censorship."

Online opinion is a double-edged sword, said Wang, also a bulletin board moderator. Irrational online outcries aren't helping anyone, she argued. She cited the online petition for Sun Zhigang, famously beaten to death in 2003 for not carrying a temporary living permit.

Observers attributed the ending of the policy of custody and repatriation to online public sentiment. In fact, Wang said, the change of policy came about because of the SARS breakout.

"They were all eager to sign a petition when something happened but in fact it only led to the shutting down of these significant forums.

"We can't stop censorship, but we can articulate the truth with a more rational attitude. When different opinions coexist, people find their own answers."

Censorship is also necessary to prevent certain kinds of harm being done to others, argued Zhu Wei, a professor at China University of Politics and Laws in Beijing.

"The nude picture scandal wouldn't have run out of control if there was no Internet," he said. "Unrestricted, freedom can lead to violence."

According to the newly-passed Tort Liability Law, any Web user or service provider who infringes upon the civil rights and benefits of another is liable.

This new catch-all is a valuable control over online opinion. According to Article 36, the infringed party can inform the Web service provider to delete, shield or cut the links as well as any other necessary measures.

"The Web service provider who doesn't take necessary measures after receiving this information will bear joint liability along with the Web user," the law states.

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