What consequences will the implementation of China’s new anti-cyberbullying regulations have?

Since the Cyberspace Administration of China announced in September last year that it would strictly deal with online violence, the Chinese authorities will begin to implement the "Regulations on the Management of Online Violence Information" on August 1 this year. However, the regulations also state that "reporting and exposing other people's illegal and criminal activities through the Internet in accordance with the law" is not considered online violence. An interviewee of this station talked about the possible consequences of this regulation.

The "Regulations on the Management of Online Violence Information" published by the Cyberspace Administration of China, the Ministry of Public Security, the Ministry of Culture and Tourism, and the State Administration of Radio, Film and Television last month have seven chapters and 34 articles. The regulations state that "the term online violence information as referred to in these regulations refers to illegal and negative information that is published in the form of text, images, audio, video, etc. on individuals through the Internet, and contains insults, slander, incitement to hatred, coercion, invasion of privacy, and accusations, ridicule, derogation, discrimination, etc. that affect physical and mental health." (Article 32) It also states that "these regulations do not apply to reporting and exposing other people's illegal crimes through the Internet in accordance with the law, or implementing public opinion supervision in accordance with the law." (Article 33)

Chen Taihe, a 709 rights lawyer who now lives in the Bay Area of ​​California, said that this regulation does not exclude public figures from the definition of "individuals". In other words, some discussions and ridicules of Chinese leaders and "heroes and martyrs" recognized by the Chinese authorities may also be regarded as "cyber violence". He believes that the Chinese authorities have politically persecuted those who criticize and ridicule their leaders and so-called "heroes and martyrs" and passed the "Heroes and Martyrs Protection Law": "It would have done this even without this regulation. With this regulation, doesn't it (the Chinese authorities) have another weapon?"

The Heroes and Martyrs Protection Law passed by the Chinese authorities in 2018 stipulates that “no organization or individual may insult, slander or otherwise infringe upon the names, portraits, reputations or honors of heroes and martyrs in public places, on the Internet, or through radio, television, film, publications, etc.” (Article 22)

Chen Taihe also believes that Article 33 of China's "Regulations on the Governance of Online Violence Information" states that "reporting and exposing others' illegal and criminal activities through the Internet in accordance with the law" does not apply to this regulation, which means that someone reporting others' mocking of Chinese leaders online does not violate this regulation: "All Chinese legislation has its own little tricks of 'laughing secretly' in it."

On the Chinese social media Sina Weibo, some netizens believe that the "Regulations on the Governance of Online Violence Information" can be used to combat online attacks on entertainers and athletes in the entertainment industry. However, some people believe that this regulation is just "paper talk". Some people also think that those who support this regulation are ridiculous because they support this regulation while bullying others online.

A witness to cyber violence: When discussing China's cyber violence problem, we cannot ignore the "elephant in the room"

This regulation states that "organizations and individuals that organize, incite the production, copying, publishing, and dissemination of online violence information or use online violence incidents to carry out malicious marketing and hype, etc., shall be severely punished in accordance with the law." (Article 30) A Zhejiang netizen who did not reveal his name for safety reasons said that he had been cyberbullied by Little Pinks for his political dissident speech and some of his personal information was published on social media. He believes that it is necessary to combat cyber violence anywhere in the world, but China is not currently a country with a normal legal system: "For example, if I present facts and say that some of the Communist Party's 'heroes' and some politically touted figures' deeds are false, they will say that I am spreading rumors and slander and want to use this regulation to punish me severely, what should I do?"

China's "Regulations on the Governance of Cyber ​​Violence Information" states that "Public security organs shall promptly review clues of illegal and criminal activities involving cyber violence information transferred by the Internet Information Office, Culture and Tourism, Radio and Television and other departments, and promptly file a case for investigation and investigation if it meets the conditions for filing a case." (Article 29) The netizen interviewed in Zhejiang said that when people discuss whether China should crack down on cyber violence, they should first consider the "elephant in the room" of the Chinese Communist Party: "The Chinese Communist Party is an 'elephant in the room' and a totalitarian party. When we discuss China's cyber violence problem, we cannot pretend that it does not exist. It is certainly possible that it will use the laws and regulations it has formulated to fabricate false charges against people and have the police file a case to engage in political persecution."