Cyberheroic Act or Cyber Violence——The Boundaries and Legal Control of Network Reporting and Monitoring Behavior
In the context of online violence in the name of reporting or public opinion supervision,there is a controversy over whether the act of reporting and supervision is a"righteous act"or"violence".The essence of online violence caused by repor-ting and supervision is based on horizontal social monitoring among members of society.On the basis of the disclosure of the priva-cy and personal information of the target individuals,the"private sanctions"are imposed on them.Such private sanctions may have an impact on the values of presumption of innocence and due process emphasized by the rule of law doctrine.The key to pre-venting whistleblowers and supervisors tuming from"cyber vigilantes"to"cyber mobs"lies in defining the boundaries of online reporting and supervision in law,and restraining and sanctioning cross-border behaviors.Online reporting and supervision should have a clear basis for rights and facts,the whistleblower's information disclosure to the target individual should comply with the principle of proportionality,the follow-up actions of the participants must not violate the normative requirements prohibiting inap-propriate associations.In terms of institutional guarantees,the State should adopt a vigilant and prudent attitude towards online re-porting and monitoring behaviors.And based on this basic position,regulate and restrain online platforms and online reporting and supervision.Taking into account the attribution of results and the prevention of harms,we should prevent and control rapidly de-veloping online violence,and introduce them into benign channels for online participation.
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