Three dimensions of network short video comprehensive governance

2022-06-22 0 By

In recent years, the short video industry has developed rapidly.However, while enriching people’s lives, short videos also have problems of vulgarization, inferior quality, vulgarization and homogenization, and some even challenge the bottom line of legal morality.This year, the cyberspace administration will govern the chaos in the field of live broadcast and short video as one of the key tasks of the “Qinglang” series of special actions.From the perspective of the development of the Internet industry, it is necessary to build a pluralistic governance pattern with the rule of law as the main starting point to govern the chaos in the field of short video on the Internet and the path of multi-body cooperation and co-governance in society.We will improve the multi-faceted co-governance system to coordinate laws and standardize the autonomy of industries.Laws and regulations system and industry autonomy system play an important role in regulating short video on the Internet, and provide clear normative guidance and institutional support for regulating short video disorder on the Internet.At present, there are laws, regulations and industry norms such as the Cyber Security Law of the People’s Republic of China, the Law of the People’s Republic of China on the Protection of Minors, Regulations on the Management of Internet Audiovisual Programs services, Regulations on the Ecological Management of Online Information Content, and General Rules for the Content Audit of Online Audiovisual Programs.To deal with short video chaos, we should coordinate the above legal norms and industry autonomy norms, improve the network short video regulatory governance system, especially refine relevant laws and regulations, and apply industry autonomy norms as a whole.Relevant judicial interpretations will be issued.It is suggested that relevant judicial interpretations be issued to refine relevant laws and regulations and make laws more applicable and targeted.It should be noted that the issuance of the relevant judicial interpretation should take into account the foresight and provide a preliminary legal path for the industry’s possible problems in the future while responding to the current governance needs of short videos.Special regulations and industry autonomy norms can be considered to clarify the judgment standard of illegality of short video chaos and the responsibility standard of network subjects, and regulate the video content review mechanism and supervision mechanism.Clarify the main responsibility of the network platform.The positive duty of care that should be performed by the network platform should be reasonably enhanced in combination with industry norms and laws and regulations.The positive duty of care of the network platform includes three aspects: fulfilling the platform obligation established by the regulatory authorities based on laws and regulations and industry norms, the positive duty of care to the network users based on user agreement, and the social obligation to the society.Network platforms can make use of the big data they have mastered and, based on the application of algorithms, actively fulfill their obligations to establish effective content review mechanism, short video filtering mechanism and supervision and reporting mechanism.Improve the protection mechanism for minors to clarify the negative impact of short videos on minors.In the digital age, the value cognition pattern, communication behavior pattern and learning pattern of juvenile Internet users are greatly influenced by short online videos.Therefore, the protection mechanism of minors should be emphasized in the multi-normative co-governance system.Newly revised minors protection law set up discussed the network protection of minors, the general principles of network audio and video content audit “on strengthening the network cultural market the opinions of the protection of minors” short “network video content standards detailed rules for minors network short video supervision also has carried on the corresponding provisions.Therefore, it is suggested to continue to improve the network protection system for minors based on multiple subjects and mechanisms.We will improve the mechanism for protecting the interests of minors.Laws such as the Law on The Protection of Personal Information, the Law on Network Security and the Law on the Protection of Minors provide provisions for the protection of minors on the Internet, but lack of corresponding regulations and articles to further clarify and refine their contents.The Regulations on The Protection of Minors on the Internet (Draft for Soliciting Comments) specifies the responsibilities of relevant subjects, including the subjects of online platforms, administrative authorities and guardians of minors.Online platforms should strictly implement laws, regulations and industry regulations, earnestly fulfill their legal responsibilities, and enhance their technology identification capabilities. Real-name registration should not become a mere formality.Conduct all-round and multi-channel supervision over the registration, release and use of online short videos involving minors;Clearly establish user algorithm recommendation and short video classification management system according to laws and regulations, explicitly prohibit user algorithm recommendation involving minors, review and manage minors’ online short videos by classification.Clarify the specific responsibilities of platforms and creators towards minors.The responsibilities between creators of short online videos and online platforms should be clearly divided, real-time screening of short online videos containing contents harmful to minors should be carried out, and users who publish short videos harmful to minors should be forced to cancel and close their accounts.Minors and their guardians are empowered to follow laws, regulations and industry regulations and notify online platforms to forcibly close or cancel relevant online user accounts.Clarify the responsibility of Internet security guardianship of minors’ guardians, strengthen legal education on Internet protection of minors and guardians, and guide them to establish positive values.Improving the supervision system of short online video involves supervision mode, supervision content, supervision technology and supervision subject.Based on the current laws and regulations and industry regulations as well as the new problems in short video field, a multi-level and multi-dimensional supervision system of short video network should be constructed.Explore the establishment of a multi-channel social supervision mechanism, smooth public participation and public welfare protection organizations to social supervision of short online videos feedback mechanisms and channels.Although regulations such as Regulations on Ecological Governance of Network Information Content and Regulations on Management of Network Audio and Video Information Services specifically stipulate the supervision mechanism of network content, there is a lack of complaint result feedback mechanism. Therefore, the complaint reporting supervision system of the public on network short videos should be established and improved, and the feedback mechanism of supervision result should be clarified.We will improve the platform registration and access mechanism in advance, the graded supervision mechanism of short and mid-video content and the emergency response and feedback mechanism after the event.Based on the “informed consent” system established by laws such as the Personal Information Protection Law, the consent system for minors and guardians has been established and improved to strengthen the responsibility of guardians for online protection.We will establish a multi-body supervision mechanism featuring administrative organs, online platforms, the public, and guardians, and establish and improve a whole-process supervision mechanism featuring pre-access supervision, in-process supervision, and post-governance supervision.(Source: Democracy and Law Times)