Freedom thanks to the internet facilitates people’s cultural participation. If anyone thinks of the traditional media dominated by big companies, anyone will know that democratic participation through the internet is a truly valuable asset. In cultu...
Freedom thanks to the internet facilitates people’s cultural participation. If anyone thinks of the traditional media dominated by big companies, anyone will know that democratic participation through the internet is a truly valuable asset. In culture as well as in politics, the most important factor is participation.
The way to maintain the internet’s nature to promote participation is guaranteed by the following two rights. First, everyone must be able to access to the internet. Thinking of the future role of the internet, People’s right to access to the internet is likely to be a fundamental right in the near future. Second, the next important right is the freedom of expression on the internet. If people cannot express their opinion because of the fear of punishment, people will not take part in the process of cultural formation on the internet.
Online service providers are responsible for the free flow of information. So it is problem for online service provider to impose liability to deliberate on internet content.
So online service provider should not have the power to make a decision on internet contents. Because if online service provider reviews internet contents, that may increase the risk of private censorship. Furthermore, some online service providers’ monopoly status has been increasingly strengthened. In the market monopolized by a few online service providers, marketplace of ideas will not work smoothly anymore.
Also, I assume, the online service provider doesn’t want to be responsible for disputing between user and user. Most of the online service providers are interested in economic profit. Therefore, in the situation for online service provider to generate revenue from Ads, if online service provider shall be responsible for blocking of harm contents, online service provider will be faced with a serious dilemma between legal responsibility and economic profit.
Then, even though it is necessary to screen expression on the internet, screening of System Operator (hereinafter referred to as "SYSOP") is better than screening of the online service provider.
Self-regulation of small community is more effective than other types. Because the processes of self-governance in small-scale is easier to observe than in large-scale. Moreover, if SYSOP of the lowest Sub-Bulletin Board System (hereinafter referred to as "BBS") monitors harmful contents, it will be able to escape from the controversy about freedom of expression. For example, if oligopolistic online service provider restricts BBS, it is difficult for user to select other BBS. But, even in monopolistic situation, if anyone doesn’t want to write the BBS strongly restricted by SYSOP, he/she may be able to choose one among many BBSs.
Do we think of restructure of self-regulation to prevent side effects such as private censorship If online service provider has only responsibility of free flow of information and SYSOP screens whether something is against infringement of copyright, it seems to be a more efficient structure of self-regulation. And the new structure of self-regulation will be able to guarantee more free speech on the internet than structure of strict law.
And we need to research the internet governance for the suitable regulation between self-regulation and law on the internet.