On December 20, 2019, the National Internet Information Office issued the No.5 Regulation on Ecological Governance of Network Information Content (hereinafter referred to as the Regulation), which will take effect on March 1, 2020. This is an important legislation in the management of network information content in China, which systematically responds to the problems faced by the current network information content service market, and comprehensively stipulates the management requirements that the network information content producers, network information content service platforms, network information content service users and network industry organizations should abide by. The "Regulations" provide important guidance for promoting the healthy and orderly development of online information content, and provide a strong guarantee for protecting the legitimate rights and interests of citizens, legal persons and other organizations and safeguarding national security and public interests.
First, the needs of the times to promote the modernization of the national governance system and governance capacity
The Third Plenary Session of the 18th CPC Central Committee put forward the major proposition of "promoting the modernization of national governance system and governance capacity" for the first time, and set "perfecting and developing Socialism with Chinese characteristics system and promoting the modernization of national governance system and governance capacity" as the overall goal of comprehensively deepening reform. The Fourth Plenary Session of the 19th CPC Central Committee adopted "the Central Committee of the Communist Party of China’s Decision on Several Major Issues Concerning Upholding and Perfecting the Socialism with Chinese characteristics System and Promoting the Modernization of the National Governance System and Governance Capacity", which pointed out the direction for upholding and perfecting the Socialism with Chinese characteristics system and promoting the modernization of the national governance system and governance capacity.
Only by implementing the spirit of the Fourth Plenary Session of the 19th CPC Central Committee and building a good network information content ecology under the background of accelerating the modernization of the national governance system and governance capacity can we grasp the fundamental direction of promoting the modernization of the national governance system and governance capacity. The development of network technology has broken through the time and space limitation of information dissemination, expanded the scope of information dissemination, innovated the means of information dissemination, and triggered a fundamental change in the pattern of information dissemination. Cyberspace has become a new channel for people to obtain information, learn and communicate, and a new carrier of cultural communication. Cyberspace is completely changing people’s production and life style and profoundly affecting the historical development process of human society. Therefore, the governance of network information content ecology plays an increasingly prominent role in promoting the modernization of national governance system and governance capacity. It is necessary to build a good network order according to law and protect the orderly and free flow of cyberspace information according to law. To create a good network ecology, we should follow Socialism with Chinese characteristics’s core value system and core values, vigorously cultivate and carry forward the socialist core value system and core values, and accelerate the construction of a value system that fully reflects China’s characteristics, national characteristics and characteristics of the times.
Second, the objective need to create a good network ecology
In recent years, with the rapid development of the Internet, many network information service providers have enjoyed the technology dividend, which has realized the rapid development of enterprises. The technical ability and service level of network information service providers have been greatly improved, and the types and types of services have been increasing. Correspondingly, the traditional platform management responsibilities are still insufficient, and the mismatch between responsibilities and capabilities is prominent.
With the advent of the information explosion era, netizens have an increasingly urgent need for serious information and objective reports. Many network information service providers strictly abide by professional ethics, adapt to the characteristics of the network era, and deliver a large number of quality and in-depth network information. However, some network information service providers intend to get the maximum push volume and the highest click rate, which makes illegal and bad information flood the user interface and seriously affects the ecological order of network information content. Some spread politically harmful information, maliciously tamper with the history of the party and the country, vilify heroes and discredit the image of the country; Some create rumors, spread false information, and act as a "title party" to profit from rumors and attract attention from fakes, disrupting normal social order; Some wantonly spread vulgar pornographic information, violate public order and good customs, challenge the moral bottom line, and damage the healthy growth of young people; Some use a large number of self-media accounts in their hands to maliciously market, engage in "black public relations", extort money, infringe on the legitimate rights and interests of normal enterprises or individuals, and challenge the legal bottom line; Some arbitrarily plagiarize infringement, wantonly wash manuscripts and powder, build false traffic, and undermine the normal communication order. If these chaos can’t be effectively cured, it can’t meet the people’s reasonable demand for serious information and objective reports, and it will also affect the dignity of laws and regulations, damage the interests of the broad masses of the people, and destroy the good network ecology.
General Secretary of the Supreme Leader pointed out that the cyberspace is clear and the ecology is good, which is in the interests of the people. Cyberspace is smoky and ecological deterioration, which is not in the interests of the people. Standardizing and managing illegal information on the platform according to law and preventing and resisting the spread of bad information are social and legal responsibilities that network information service providers must bear.
Three, the overall network information content management legal system needs to be ruled by law
At the first meeting of the Central Leading Group for Cybersecurity and Informatization, General Secretary of the Supreme Leader pointed out that it is necessary to promptly formulate legislative plans, improve laws and regulations such as Internet information content management and key information infrastructure protection, govern cyberspace according to law, and safeguard citizens’ legitimate rights and interests.
Since 2016, in order to cope with the new features and challenges of network information services, based on the Network Security Law and the Measures for the Administration of Internet Information Services, China’s network information content management system has been continuously enriched and improved, and gradually formed Internet news, user account names, Internet search services, mobile Internet applications, Internet live broadcasts, Internet forum communities, Internet groups, Internet users’ public accounts, microblogs, blockchains, and online audio and video. These regulations have basically determined the management requirements of real-name registration system, personnel management, daily inspection, emergency response, rumor dispelling mechanism, reporting complaints and so on. In the past, through publicity and implementation, special actions and centralized law enforcement, various management measures have been deeply rooted in the hearts of the people and have been recognized and supported by the majority of netizens. Network information service providers actively implement various system requirements, standardize their own service behavior, and improve service quality according to laws and regulations.
The promulgation of the "Regulations" is a summary and sublimation of the past management experience, reaffirming the established management systems from the height of ecological governance, centralizing and coordinating the various systems of network information content management in the form of departmental regulations, and further implementing the requirements of legalization of network information content management. The "Regulations" have important phased significance for standardizing and leading all kinds of network information service providers to spread positive energy and carry forward the main theme, while curbing and preventing illegal information and bad information. The "Regulations" make government supervision, industry self-discipline and social autonomy all run on the basic track of rule of law, provide a basis and standard for measuring, standardizing and guiding interpersonal behavior and relationships in cyberspace, and can promote the healthy and orderly development of cyberspace. (Author: Fang Yu, director of Internet Law Research Center of China Institute of Information and Communication)