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Anne SY CheungDepartment of Law,
University of Hong [email protected]
June 2008
Too Little Freedom or Too Much Speech?
Cyber bullying of Chinese Netizens
A Study of Online Defamation and Privacy Violations
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Argument
• Growing trend of cyber bullying in the area of defamation (reputation) and privacy infringement in China
• Argues for a liability system on ISP
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Cyber Bullying
• Intentional, deliberate and targeted attack on private citizen
• Abusive, threatening, harassing• Recurring or repeated• behaviour for a consistent period of time• By anonymous individual(s), which may amou
nt to collective activity
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Social Sanctions
• Used to shame, humiliate, ridicule, entertainment, or private revenge
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Law on Reputation Protection
• Art. 38 of the PRC Constitution• “personal dignity”, insult, libel, false
charge or frame-up is prohibited• Article 101 and 120 of the Civil Law• Protects reputation, personality and
honour• Criminal defamation under art. 246 of
Criminal Law
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Privacy
• Interpretation of the Supreme People’s Court 1988, 1993, 1998
• One’s reputation could be damaged if there is unauthorized disclosure of private details, or as a result of insult or slander
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Online Regulation
• Internet users who insult or defame or infringe the lawful rights of others
• ISPs have duty to remove unlawful materials, inform the authority and keep the record of violators
• But…
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Reputation/Defamation
• Akin to common law • Gao Xiaosong v. Yahoo (2005)• Chen Tangfa v. Hangzhou Blogcn
(2005)• Zhang Keke v. Tianya (2008)
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Internet Scandal
• What should one do?
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Privacy
• Egao 恶搞• Social Evil• Perceived Self-Justified Behaviour
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Egao 恶搞• Malicious or reckless attack
through visual, audio, video, textual forms
• Amusement or entertaining• Little Fatty• Shanghai Lovers
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Socially Reprehensible Acts?
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Self-Justified Act?
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ISPs Liability• Given large no. of netizens involved, most
are anonymous• Europe: notice and take down once aware
that information was unlawful• US: Communications Decency Act but• Delaware (Doe v. Cahill) ISP should
disclose anonymous authors is the standard of a summary judgment is met
• Washington (Doe v. 2TheMart.com), whether the claim could withstand a motion to dismiss and to file a discovery request