The new media to realize the constitutional right of free speech

                            Read, "freedom of speech and press on the constitutional principle"

Siming District People's Congress Yang Yi

"The constitutional principle" in one book, the sensitive topic of Zhang Qianfan on article thirty-five of the constitution of "free speech", with "why should not the repression", that is because "a few people have the obligation to abide by the number of people in behavior reflects the values of law, or to bear the risk of legal punishment but they are free, insist on the value position of their own in the mind, and to speak publicly to persuade other people to change the idea". The media is not the personal remarks, it with the propaganda, representative and people depend on the media, bound to be limited accordingly. Individual citizens freedom of speech, in the traditional media filter, can not be fully realized "the freedom, responsibility conceited" ideal. The theory of constitutional rights to complete implementation. Micro-blog emergence of new media, to promote freedom of expression, is the social tremendous progress. "People's Republic of China Constitution" the thirty-fifth stipulation: "citizens of the people's Republic of China, published speech, assembly, association, parade, demonstration of freedom". Freedom of the rights of the individual freedom and social freedom, Article 35 of the constitution of social rights protection of freedom, namely protect citizens, publication, assembly, association, expression, parade, demonstration of the right freedom. Freedom of speech is the first of the freedom of speech, freedom of speech to promote other social freedom, but also realize the constitutional rights of civil society, basic social democratic progress. Micro-blog emergence of new media, broke through the media filter, realized the freedom of speech. About defending the constitutional freedom of speech, the most classic words than "I disapprove of what you say, but I will defend to the death your right to say it". However, without a kind of any right is absolute, rights based on the rights and obligations as obligations, with no conditions, no obligation right, does not enjoy the rights and duties.

In 2009 August China largest portal sina.com.cn first micro-blog, micro-blog this sharing, relationship based on user information communication and access platform, with brief text updates and realize the sharing of individual community officially entered the Chinese Internet mainstream view, become a platform for the exchange of information Chinese fastest. From life to the sports event of individuals, and then to a global disaster events, micro-blog has become an important channel to express their wishes, netizens share mood. Micro-blog due attention mechanism, has the advantages of short content, real-time information, broadcast, network platform, the exchange of ideas, comments came into a national counterparts of the era, the second happened next second has been able to spread around the world, especially in public events, micro-blog for development dynamic public events of the timeliness, openness, communication and supervisory platform, it has not only the role of the media, more play to agglomerate citizen consciousness, citizen's thought, expression rights of citizenship, take civil responsibility, civil society of the new diversified functions of enlightenment. The positive point of view to look at it, micro-blog indeed is the guarantee to public events of the right to know, to provide a platform for the maintenance of the constitutional right of free speech, provides a channel for the people to supervise the government behavior and the right operation. With the rapid development of the micro-blog, questions related to the management has also become the focus of the society, freedom of speech right and control especially the conflict micro-blog freedom of speech and others reputation right protection has become parties continue to dispute. In August 30, 2011, the court of "the first case of micro-blog - Jinshan v. Zhou Hongyi" made a final decision pointed out: "the man micro-blog,...... Provides a platform "the guarantee for the realization of our constitutional freedom of speech; however," public figures,...... Should be cautious in their words and deeds." This is the first time for China to make the judicial nature of the micro-blog, is the public figure should be careful, general Internet users must responsibility conceited. Freedom of speech is a right, the right of freedom is not absolute freedom, not subject to any restrictions on the freedom of. Micro-blog emergence of new media, become the direct implementation of channels at the same time the public opinion expression, can also become a minority language violence tools. Micro-blog and other new media as an open information platform, the speech is very arbitrary, subjective color, it is difficult to shut sb. who some have an ulterior motive. Since the true or false, dragons and fishes jumbled together is. Some feel a malicious person certainly will actively use the Internet to achieve their purposes, a legal loophole of network speech blank. Therefore, to highlight the micro-blog era free speech and privacy protection contradiction.

On the establishment of a good system of network freedom of speech, first of all need to change management can not follow state. At present our country is the problem of network management in the lawless state, the lack of news and opinion expression protective or specification in terms of special legislation, the Ministry of the specific provisions and vague provisions, not very careful, need to be further standardized. In this legislation and law enforcement environment, for ordinary people, the freedom of speech scale non binding, unable to grasp. Therefore, the relevant departments should take the constitution as the basic law of the freedom of speech and expression, strengthen the news law protective or specification in terms of special legislation, as long as you don't touch the laws and public morality, should as far as possible to ensure the freedom of speech. At the same time, the management behavior of network company should be constrained in the law, without the user operation, close or delete personal account, in fact is a violation of the freedom of speech acts. Secondly, every citizen in the use of micro-blog release information, should consider the true and false, distinguish between truth and falsehood. Compared with the general public figure, should speak and act cautiously, in micro-blog of speech should pay more attention to the legal and moral bottom line to grasp, to treat their own micro-blog speech is appropriate. Reputation right infringement cases drug parent Kingsoft Corp, Yao Qing Wei is micro-blog mentioned, is because the parties unreasonably expand free range in the micro-blog, ultimately beyond the legal and moral bottom line, violations of the legitimate rights of others. Moreover, the relevant departments should strengthen the information disclosure system, strengthen the credibility of the government. The implementation of the government information disclosure, continue to create efficient operation, low cost, get the people recognized sunshine government, is the essential requirements of the people's government, can make all kinds of false information on the micro-blog collapse of itself, reduce false malignant space of information dissemination, network speech environment purification.

The Constitution provides that citizens enjoy the right to freedom of speech, it is a relative right, is also an absolute power. China Democratic Alliance has proposed, first of all to achieve the freedom of speech, to achieve social democracy, as a former NLD members, to promote freedom of speech is one of the heart's responsibility. Tencent QQ, telecom SMS and Micro message, MSN and now the emergence of new micro-blog, has provided the platform to achieve direct personal freedom of speech, also appeared a series of new problems. Xiamen in the PX "walk" event, is the new media freedom of speech and social events. Micro-blog started from birth, get both praise and blame, but as long as does not exceed the legal and moral bottom line, as long as not malicious rumormongering slander, public figures, careful, responsibility conceited general Internet users, social network management in place in time, micro-blog of free speech should be protected.. We from the "micro-blog Daguai", "free lunch", "a serious illness insurance" process clearly see the progress of the society, pay attention to the majority of users is not a reviler, bystander, but color, social progress actively participate in them, in thinking, in action. Through micro-blog, promoting action and self change, and promote a civil society gradually formed, growing in the. There is reason to believe that through the strengthening of legal norms, to enhance the use of normative consciousness, micro-blog and other new media double-edged sword toward the rational direction and order play an important role, Chinese democratic people dream of freedom of speech through the full realization of the new media to reach, and ultimately promote the social political democracy reform, promote social and political progress. (end)