BEIJING, April 11 (Xinhua) -- As Chinese authorities crack down on various rumorsspreading online that put social stability at risk, some people have argued that suchrumors are protected under people's right to free speech.
However, rumors harm innocent individuals, filial harmony and social stabilityregardless of where or when they are spread, and rumors are completely irrelevant tothe concept of freedom of expression.
Some people say that truth will eventually prevail, so we need to take a laissez-faireattitude toward rumors in a bid to let them run their course and eventually fade away.
China, however, has seen a series of rumors recently that have spread quickly andhad far-reaching implications. The most recent example began on microblogs, wherean Internet user posted about military vehicles entering Beijing amid a major incident,suggesting a coup.
Fabricating information is different from spreading unconfirmed information, as the twoconcepts are driven by different intentions. How could freedom of speech be defendedif we turn our backs on slander? Can we tolerate fake of inferior products with the aimof promoting the free market?
Although wise people will not automatically accept rumors as the truth, in this era offast-spreading information, many rumors have hurt innocent individuals before havinga chance to be proven false. That's why most countries have laws or precedents toprevent or limit the dissemination of speech or ideas that, by their nature, carry thedanger of substantive harm.
For this reason, Oliver Wendell Holmes, Jr., former associate justice of the U.S.Supreme Court, wrote in the famous Schenck case that "the most stringent protectionof free speech would not protect a man falsely shouting fire in a theater and causing apanic."
Many judges and lawyers in China said that although the Internet is a virtual world, itsusers should assume the same legal responsibilities as they would in the real world.
"Free speech on the Internet cannot go without limits, as it should not infringe uponothers' legitimate rights, nor should it harm the real society," said Cheng Bin, a lawyerfrom Beijing-based Guandao Law Firm, adding that civilians should fulfill theirobligations of maintaining online order while enjoying their right to free speech.
Yue Cheng, a noted lawyer in China, said rumormongers should accept civic,administrative or even criminal liabilities according to the consequences of the rumorsthey perpetuate.
Chinese authorities have shut down 16 websites for "fabricating or disseminatingonline rumors," especially via microblog posts. Beijing police have arrested 1,065suspects and deleted more than 208,000 "harmful" online messages as part of anintensive nationwide crackdown on Internet-related crimes conducted since mid-February.
While cracking down on rumors that endanger public and state security, authoritiesshould also study the roots of rumors and public sentiment. A more open andtransparent government and the immediate issuance of relevant information couldimprove the government's credibility and better dispel rumors.
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