A Study of Cyber-Violence and Internet Service Providers' Liability: Lessons from China

Authors

Anne S.Y. Cheung

Abstract

Cyber-violence and harassment have been on the rise and have been a worrying trend worldwide. With the rise of blogs, discussion boards, and Youtube, we may become targets of false allegations or our movements and gestures may have been captured by modern technology at any moment to be broadcast on the Internet for a public trial of millions to judge. In China, netizens have resorted to cyber manhunt, known as the “human flesh search engine,” to expose details of individuals who have violated social norms one way or another, achieving social shaming, monitoring and ostracism. Individuals concerned have little legal recourse to protect their reputation and privacy facing unwilling exposure in the Internet witch-hunt. Thus, this article studies the current legal position in China, and its inadequacy in the area of reputation and privacy protection. It argues for a system of notice and take down on internet service providers in the above two areas as a possible solution.

First Page

323

Recommended Citation

Anne S. Cheung, A Study of Cyber-Violence and Internet Service Providers' Liability: Lessons from China, 18 Pac. Rim L & Pol'y J. 323 (2009).
Available at: https://digitalcommons.law.uw.edu/wilj/vol18/iss2/8