基于新冠肺炎疫情的网络谣言法治化治理困境与出路

Dilemma of the Law-based Governance in the Disposal of Online Rumors Concerning the COVID-19 Epidemic and Its Solutions

2022年12月7日,我国新冠肺炎疫情的管控手段全面放开,但并不意味着疫情彻底结束。基于新冠肺炎疫情的网络谣言不仅具有闲话性、低廉性和侵权性的一般特征,还有受时空维度影响显著、偏情绪化、叙事片面化和生活化的特殊特征。在其自身特征的综合作用下,会造成群体情绪极化、破坏正常社会秩序、打击政府公信力等危害。结合传播学原理,针对我国各机关在治理网络谣言的制造、传播过程中暴露出的缺乏适用警戒罚的法律依据、认定违法事实困难以及刑法规范存在“重公权、轻私权”的思维定式等规制困境,具体可以通过制定专门的行政法规;打破思维定式,均衡刑法规范投放;厘清言论自由和网络谣言之间的关系界限等方面寻找出路,以构建规制涉疫网络谣言多元化联合机制。

On December 7th,2022,the prevention and control measures of the COVID-19 epidemic in China were fully relaxed,but it does not mean that the epidemic comes to an end.Online rumors about the CO-VID-19 epidemic not only have the general characteristics of gossip,cheapness and infringement,but also the special characteristics of being significantly affcted by the spatial and temporal dimensions,being emotionally biased,and having a one-sided life-like narrative.Under the combined effect of their inner characteristics,they may cause the polarization of group sentiment,disrupt normal social order and undermine the credibility of the government.Using the principles of communication theory,the authors found that to tackle such regulation dilemmas of the deficiency in legal basis for the application of cautionary penalties,of the difficulties in determining the facts of violations and of the stereotypes of“valuing public rights more highly than private rights”in criminal law norms as have been released by various authorities in China in the process of combating the creation and dissemination of online rumors,solutions can be worked out in formulating special administrative regulations,diminishing the stereotypes to balance the placement of criminal law norms,and clarifying the boundary between freedom of speech and online rumors.By doing so,a diversified joint mechanism can be built for regulating epidemic-related online rumors.