Summary of Key Points
The state is about to introduce a dedicated "Anti-Online Violence Law"! This is the first draft law in our country specifically targeting online violence, and it is now open for public comments. The law clarifies what constitutes online violence, the responsibilities that platforms must fulfill, and how the government, society, and the judiciary should work together to address it. It also specifies penalties for violations, aiming to solve issues such as the difficulty in seeking justice for online violence, the dispersion of relevant laws, and platforms shifting blame. The goal is to manage online violence from its source and throughout the entire process.
I. Online Violence Finally Has a Clear Definition
Previously, there was no clear definition of what constitutes online violence. However, the draft law provides a definitive answer:
- General description + specific examples + catch-all provisions: Online violence refers to acts that collectively or continuously infringe upon the legitimate rights and interests of individuals and businesses through the internet, including spreading derogatory language, fabricating rumors, inciting hatred, illegally disclosing personal information, and engaging in prolonged harassment, among other similar behaviors.
- Experts' Notes:
- The term "collective" should not be interpreted too strictly; for example, persistent and scattered forms of online abuse (such as daily private messages) should also be considered online violence, rather than only large-scale attacks over a short period.
- It is important to distinguish between normal comments and online violence. Terms like "inciting hatred" and "provoking conflict" are somewhat abstract and will need further clarification to prevent the mistreatment of legitimate criticism as online violence.
- The law now protects businesses as well as individuals; for instance, malicious defamation of a brand can result in legal action due to potential significant financial losses.
II. Platforms Cannot Shirk Their Responsibilities Anymore
Platforms play a crucial role in the spread of online violence, and the new law assigns them 12 specific responsibilities:
1. Monitor and identify online violence: Platforms cannot claim they are merely technical entities with no control over their users. Algoritms may amplify online violence, so platforms must take proactive measures to prevent it.
2. Provide victims with easy access to evidence: Victims previously had difficulty collecting evidence (not knowing who was responsible or fearing that evidence would be deleted). Now, platforms must offer a one-click function to save evidence for the victims' use.
3. Establish fact-checking mechanisms: Platforms must promptly refute rumors when they are discovered.
4. Special obligations for large platforms: Platforms with a large user base and significant influence (such as TikTok and Weibo) must establish rapid response systems, regularly assess online violence risks, and publish annual reports to the public.
- Experts suggest that these measures will require initial investment in technology and systems but will improve the content ecosystem in the long run and reduce the risk of legal actions.
III. It's Not Just About Platforms Alone
Managing online violence requires the cooperation of multiple stakeholders:
- Government involvement: The telecommunications and internet authorities will work together to combat online violence, with the government taking a coordinating role.
- Social participation: Schools should incorporate anti-online violence education into their curricula to teach students about responsible online behavior and how to protect themselves from it. Organizations such as trade unions and women's associations should also promote awareness and provide support for victims.
- Responsibilities of influential figures: Influencers with large followings must not incite online violence and must manage their comment sections, addressing any instances of online abuse promptly.
- Judicial support: Victims can request emergency protection orders (infringements on personal rights), and the court can order platforms to take immediate action. A "warning letter" system has also been established for minor cases of online violence, with the court assisting victims in gathering evidence (e.g., by requesting assistance from the police).
IV. Serious Consequences for Violations
The law outlines clear penalties for both individuals and platforms that fail to comply:
- Influencers/Account Operators: Those who incite or commit online violence may receive warnings, have their accounts suspended, and face fines ranging from 100,000 to 500,000 yuan.
- Platforms: Fines of up to 10 million yuan are possible for failing to fulfill their monitoring and evidence-gathering obligations. In severe cases, platforms may also be required to suspend operations or have their licenses revoked.
- Victims can seek compensation: In addition to fines, victims can claim damages for emotional distress.
- Organizers of online violence: Those who orchestrate such attacks will face more severe penalties.
V. Prevention Is Just as Important as Punishment
Experts emphasize that the law should focus on prevention as well as punishment:
- Early intervention by platforms: Platforms should establish risk warning systems to intervene before potential incidents of online violence occur.
- Preventive measures: Education in schools and protective features on platforms are essential to reduce the occurrence of online violence from the outset.
- Comprehensive governance: The law covers all stages of the online experience, from content creation and distribution to its resolution, ensuring that online violence does not have the opportunity to spread.
In summary, this law aims to shift the approach to managing online violence from a reactive response to a systematic and proactive one. It provides victims with legal protections and ensures that both platforms and perpetrators understand the consequences of their actions, with the goal of creating a cleaner online environment. The draft is still open for comments, so everyone's input is welcome!