Qian Tao. PhD candidate, Scuola Superiore Sant Anna di Pisa Assistant Professor, Capital University of Ecomonics and Business, Beijing

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1 Qian Tao PhD candidate, Scuola Superiore Sant Anna di Pisa Assistant Professor, Capital University of Ecomonics and Business, Beijing

2 penetration rates :38.3% 23,000,000 websites the 29 th report on the Chinese Internet Development from the CNNIC (China Internet Network Information Center)

3 Chart of the amount of internet users in China 600 million tremendous development million users by smart phone in 2011

4 Leading sites Search engine : baidu (77.7%)---google (18.3%) Micro-blog (250 million): weibo Video-sharing sites(325million): tudou & youku Social network sites: renren (137 million) Auction sites: taobao (400 billion rmb) Blogs: QQ space, sina blog, sohu blog, baidu space etc

5 Is Chinese web 2.0 market isolated from the world? Does this situation have nagative effect on the Chinese internet policy open to the world?

6 Administrative regulations,provisions,decisions 1997, State Council: the Ninth Five-Year Plan for State informatization and the Long-range Objective of the Year , State Council : Measures on the Administration of Internet Information Services 2000, State Council: Telecommunications Regulations 2000, Ministry of the Information Industry : Provisions on the Administration of Electronic Bulletin Services via the Internet 2000, Standing Committee of the National People s Congress the Decision on Guarding Internet Security

7 Administrative regulations,provisions,decisions 2005, National Copyright Administration & Ministry of Information Industry : Administrative Procedures for Protection of Copyright on the Internet 2006, State Council : Regulations on Protection of the Right of Communication through Information Network 2007, Ministry of the Information Industry & the State Administration of Radio, Film, and Television Provisions on the Administration of Internet Audio and Video Programming Services

8 Law General Principles of the Civil Law of the People s Republic of China 1987 Internet Clause of the Tort Liability Law 2010

9 Case decisions Gate-keeper liability Notice-based liability Knowledge-based liability Knowledge: know and should have known actual knowledge constructive knowledge

10 E-Commerce Directive The service provider is not liable if the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; (red flag knowledge) different from the constructive knowledge which is based on should have known Qian Tao 10

11 Monitoring obligation Time: ex-ante & ex-post Methods: 1) Filtering technology 2) Human intervention: manpower pre-review spot-check

12 The EU: No general monitoring obligation (encourage industry agreements and selfregulation) But duty of care (certain types of illegal activities) Technical measures Human intervention Specific monitoring obligation (children pornography,crime against humanity or hate and racial discrimination incitement) Qian Tao 12

13 Self-regulation To maintain a good and credible publicity in the long run in this information society without a public image of being connected to illicit business Pressure from media, government or some interest groups.

14 Comparison with Youtube Low labor cost, great profits Self-regulation Leading websites:pre-review or filtering system Video-sharing sites:

15 More commercial exploitation Qian Tao 15

16 Qian Tao 16

17 Qian Tao 17

18 Small-middle scale websites, ignore the strict provisions of various administrative authorities and carry the risk Very little compensation in order to avoid misuse of legal procedure and promote settlement between the two parties.

19 The monitoring duty is neither an obstacle for internet development, nor an extremely chilling effect on the freedom to information putting aside the political and democratic concern.

20 The online world has no many differences with the offline world. In a society with honesty and integrity, citizens can be well self-disciplined. Less educated, worse self-disciplined, unstable factors exist in China If we adopt a pure and total self-regulation policy in China, probably it will not be well implemented and result in more internet disputes.

21 Future policy Self-regulation + public supervision China strives to improve an Internet administration system combining laws and regulations, administrative supervision, selfregulation, technical protection, public supervision and social education June 2010, the State Council White Paper

22 the basic goals of China's Internet administration are to promote general and hassle-free Internet accessibility, guarantee citizens' freedom of speech online, regulate the order of Internet information transmission,guarantee the citizens' rights and interests vested in the Constitution and law June 2010, the State Council White Paper

23 Internet service providers are in the best position to control unlawful information, but the fundamental way to avoid such information is to find out the poster and prevent future misconducts

24 More stricter------micro-blog (weibo)real-name verification since March 16,2012 Hate speech: Wenzhou train collision in 2011

25 The best policy is the policy which is the most suitable to the State. Each mode needs to be consistent with the political, cultural, historical backgrounds. There is no need to approach an identical mode in the world. No 100% freedom in any country

26 China is huge, with 1.3 billion population. The situation is improving. To be a responsible netizen, a healthy and harmony internet No bias

27 Thank you for your patience! Qian Tao 27