On the Boundary Setting and Legal Regulation of Free-dom of Speech on the Internet

Abstract

With the advent of the information age, online freedom of speech has become an extension of freedom of speech in cyberspace. The massive internet user population has made the protection of rights and the regulation of power concerning online freedom of speech a significant issue. This article discusses the current legislative landscape of regulating online freedom of speech in China from two perspectives: the existing legislative framework in the online domain and the prominent issues that urgently require resolution. It further extends to the delimitation and legal regulation of online freedom of speech. Online freedom of speech is not beyond the reach of law and must be exercised without infringing on public interests, public order, good customs, or individual rights. The legal regulation of online freedom of speech should adhere to principles such as the clear and present danger principle, the actual malice principle, and the content-based control principle to ensure a balance between freedom of speech and legal liability. The government should establish fair standards for balancing interests, strengthen legislative research on new internet technologies and applications, ensure the legislative system remains up-to-date, protect online freedom of speech, and simultaneously purify the online order and regulate the cyber environment.