Laws govern Internet regulations in South Korea. Relevant departments in South Korea ensure Internet safety by listing indecent Internet sites and installing unsuited Internet content filtering software. For example, the Identification Criteria for Indecent Internet Sites was promulgated in April 2001, and the Internet Content Filtering Ordinance was introduced in July 2001.
In 2000, the U.S. Congress passed the Children's Internet Protection Act (CIPA), which requests the operator of commercial web sites should first use electronic age verification systems to differentiate the user's age before allowing him/her to browse contents that defile the mind of the minors. First time violators will face the maximum six-month imprisonment and a U.S.$50,000 fine. The Act also prescribes that, to protect minors from exposure to harmful content, all elementary and secondary schools and libraries that receive the subsidy of federal E-rate Program should set up a filter system to access the Internet. However, it was taken to the court for violation of the constitution, and entered queue of prolonged judicial proceedings.
On June 23, 2003, the Supreme Court of the United States decided after a vote to allow the Congress to require public libraries nationwide to install filtering system of pornographic content, otherwise those libraries cannot acquire government-furnished technical subsidies.
The word "regulation" literally means "a principle, rule, or law designed to control or govern conduct," which indicates government's direct interference in the marketing activities of enterprises. It usually has the following implications: 1) regulation is led by the government; 2) regulation needs legislation to provide a legal basis; 3) during the regulatory process, enterprises and individuals are being controlled, but they can lodge a lawsuit against governmental regulatory actions according to common law and administrative law. This shows that Internet regulations are a series of policies and laws constituted by the government to intervene unlawful practice on the Internet.
The word "governance" is widely used in a business, nonprofits, public administration and international cooperation context. As a concept with broader meanings than "governmental regulation," it generally refers to the collaborative governance by both society and the government, emphasizing the vital function of the market, intermediary organization and individual in social management. Consequently, "governance" can be comprehended in this way: the government, enterprises and individuals are all the subject of governance, with the three parties working together to formulate rules and procedures to coordinate and implement policy and to settle disputes.
The greatest difference between "regulation" and "governance" is their different subject taking the action. "Regulation" stresses the leading role of the government, but not exclude the function of enterprises and individuals, while "governance" is apt to be the collaborative operation of the government, enterprises and individuals. Apparently, to control the un-illegal but harmful Internet information, governance is more scientific and effective than regulation.
From the above analyses, I have the following suggestions from the perspective of governance: First, to further define the criterion of "inappropriate information" according to the law. Second, to actively carry out the Internet content rating system, taking into consideration the demands of different users and supplement it with corresponding filters. Third, to attach equal importance to education and self-discipline, improve citizens' media literacy and establish a proper public opinion environment combining guidance and criticism. Last but not least, we shall gradually improve and perfect our socialist democratic system. In administrating the online content that is of public interest, we shall consider both the validity of the intention and the effectiveness of the result, and both the legitimacy and rationality of the procedure.
Thank you!
Speech delivered by Xiong Chengyu, Professor of Tsinghua University at U.K. – China Internet Roundtable on 22 July 2009, Beijing
(China.org.cn July 22, 2009)
