context: Party oversight of the judiciary remains an unquestioned principle of the legal system, even as the field professionalises. At the same time, the complexity of society and widening range of legal options for citizens have sparked discussions about the role of the law in regulating new forms of communication, including social media. The commentary below implies that legal measures, rather than political directives, should be the way forward.
In a People’s Daily commentary, Ding Yuxiang 丁宇翔 Beijing First Intermediate Court justice argues for employing the law to mark out boundaries for online speech. If factual statements and opinions are essentially true, reasonable and do not cross legal lines, the law should protect them, says Ding. But if ‘facts’ involve divulging the personal information of others and opinions become personal attacks, the law should not.
Receiving notice of infringements, Internet platforms will invariably delete, block or disconnect, as they know they have the ultimate responsibility for speech on their platforms. Yet if boundaries for rights are not set up or standardised, everyone can become a victim and that creates social distrust. To build a healthy and mature online space for public opinion, Internet work should operate under an explicit legal framework.