Regulations, Nations, and Freedom of Speech： A Cultural and Legal Analysis of Video Game Regulation

As the video game industry has firmly established itself as an art form as well as entertainment, certain games and content have led to legal issues in several countries. These court cases usually fall under freedom of speech and expression. The author has studied three of the five top video game producing and purchasing markets in the world--the United States, Japan, and the Republic of Korea--to explore how each country regulates this industry These three countries explicitly guarantee their citizens the freedoms of speech and expression, but, due to cultural differences and historical interpretations of those rights, the policies concerned with gaming have been handled differently by each country. The argument of the author is that historic interpretations of freedom of speech in legal cases can inform how video games and content controversy will be decided by the constitutional courts in these three countries. Japan and the Republic of Korea, for example, have historically interpreted freedom of speech rights in a way that benefits the citizenry as a whole, marking them as more collective. The United States has historically interpreted freedom of speech and expression in a way that benefits individual citizens, marking it as individualistic. These cultural aspects of how legal decisions are reached has affected the relatively new technology of video games

Expansion of Freedom of Speech in China in the Internet Era

Abasic human right, freedom of speech is a civil right clearly stipulated in China＇s Constitution. Since China＇s reform and opening up, freedom of speech in Chinese society has witnessed great development standardized by the Constitution and laws. Furthermore, the extent and depth of freedom of speech in China have reached an unprecedented level. In particular, the Internet, which has been increasingly popular in China since the late 20th Century, has energetically promoted freedom of speech in Chinese society. The Internet has become an effective channel by which the public can ob- tain information, express opinions and create public opinion in China. Popularization and improvement of the Internet have greatly expanded the room for freedom of speech in China.

Criminal Law Boundaries for Freedom of Speech in the Online Era

Demarcating the boundary between the constitutional right to freedom of speech and online speech crime is a major task before Chinese judiciary.In defining speech crime,we need to draw distinctions between facts and opinions;public and private affairs;and subjective and objective reality.Under the reasonable belief rule,“subjective reality”must be treated as justifiable cause.Given the technological applications and social nature of online media,internet service providers are only obliged to be neutral;they must not indiscriminately be deemed to be guilty of being accomplices or of the crime of nonperformance.In litigation involving speech crime,criminal proceedings must,in principle,be launched on the basis of the actual or presumed wishes of the victim.When a speech act seriously jeopardizes social order and the national interest but the victim is unable to determine whether to lay a charge,a direct public prosecution may be carried out.Finding someone guilty of“seriously jeopardizing law and order and the national interest”must be based on real,material disruption of order and on the fact that the suspect acted deliberately with no legitimate purpose.Minor speech crimes must not be indiscriminately subjected to fixed-term imprisonment,and social media tools serve routine purposes and should not be confiscated without good reason.

On the Regulation of Racist Speech

The legal regulation of racist speech involves limitation on the freedom of speech, which requires prudent trade-offs between freedom and quality. The protection of the freedom of speech, although of great value to a democratic society, does not include the pro tection of racist speech. The justification for regulating racist speech lies in the impact of racial ly-charged speech, not in the content of the speech itself. The regulation of racist speech should take into consideration thecriteriaofsubjectivemalignancy,necessityandproportionality.Due to their social status and special role in a democratic society, the media and political figures should bear a more stringent duty of care because of the harm and consequences of their racist remarks, which are far greater than those of other groups. During the pandemic, legal regula tion is required regarding remarks of politicians and the media that imply discrimination linked to CoVID-19.

Against Holocaust Denial： Between Criminality and Immorality

Insofar as the right to free speech is constitutionally protected, the article distinguishes between opinions and facts. Whereas the former is protected as a free speech matter, the latter has nothing to do with the right to free expression Holocaust Denial concerns denying facts and therefore, it is not a question of freedom of speech. At the same vein, inquiring into the conceptual grounds of the theory of criminalization, the article provides that Holocaust Denial cannot and should not be criminalized.

The Daily Life of the Professors of National Southwest Associated University—Taking Professor Zheng Tianting and Zheng Tianting's Diary of National Southwest Associated University (Zheng Tianting Xinan lianda riji) for Material

This article explores the life of the professors of National Southwest Associated University during the Anti-Japanese War in detail,and tries to reveal their mental outlook and their enlightenment on how to live.The paper also describes the daily lives of Professor Zheng Tianting and his colleagues,including living and sleep,body care,diet and hobbies,family life,closeness to nature,appreciation of cultural artifacts,various cultural and entertainment activities,nostalgia for deceased relatives,communication and care within clans and social groups,diary writing,and self-cultivation.Zheng and his colleagues from National Southwest Associated University felt deeply that people living in social groups needed to take the initiative to find friends,make friends,and be critical friends.Friends can encourage each other,solve difficulties,promote personal development,enrich life interest,and improve quality of life,which makes an already active life more dynamic and colorfiil.The life of Zheng and his colleagues was in accord with the social conditions of the times.There are three aspects of consistency between them:the common experience of war,patriotic spirit,and confidence that China would definitely win;traditional moral benevolence and the inheritance of the spirit of the ancient Chinese intellectuals who cared about the country and the people before personal enjoyment;and maintaining the spirit of the times,which was a new awareness of independent personality and consciousness.There are many inspirations for life that can be drawn from the daily life of Zheng and his colleagues:People should have a rich and diverse life,every meal deserves to be taken seriously,and one should watch art performances,play mahjong and poker,appreciate art works,collect cultural relics,and so on.Such is what life should mean.Whether it was the willingness of the professors of National Southwest Associated University to"go Dutch"when they had dinner parties during the Republic of China or the novel experience of daylight savings time,these were considered new things in life.They are a reminder that we need to continue to supersede closed thoughts.The professors,who had both the essence of traditional morality and the modern sense of democracy,realized their desire to be their own "master."