Try to analyze the characteristics of timeliness, quantity, standardization and depth of information dissemination by the Internet.

Since the Internet landed in China, the China Municipal Government has promulgated three laws and regulations on Internet information dissemination. One is the Measures for the Administration of Internet Information Services adopted at the 3rd1executive meeting in the State Council on September 20th, 2000; The other is the Interim Provisions on the Administration of Internet Website Publishing jointly issued by the State Council Press Office and the Ministry of Information Industry on October 7, 2000/KLOC-0; The third is that looking back at these three laws and regulations today, we will find a very interesting phenomenon, that is, the earliest laws and regulations are scientific laws that are most in line with the development of modern society and the Internet itself, and therefore are the most suitable laws and regulations for Internet information management. Relatively speaking, the Administrative Measures for Internet Information Services, which was first promulgated by the State Council, is a law with the clearest concept and the strongest operability. The merit of this law lies in that the district provides both commercial and non-commercial internet information services, stipulates the conditions that websites providing these two kinds of internet information services should have, determines the management methods of licensing system and filing system, and delineates nine forbidden areas for engaging in internet information services. The law does not define information or internet information, because no matter what kind of website, in a sense, it is providing information services, and it will be meaningless to define this concept. On June 7th, 2000, 165438+ The Interim Provisions on the Administration of Internet Websites jointly issued by the State Council Press Office and the Ministry of Information Industry was obviously formulated on the basis of the Administrative Measures on Internet Information Services promulgated by the State Council, and its nine restricted areas copied the Administrative Measures on Internet Information Services, which is tantamount to overlapping and repeated construction of beds and platforms. The difference is that, under the management of "the State Council Press Office", it has added new authority for filing and approval. In order to explain the rationality of this new authority, it created a key concept with vague meaning, namely "news publishing business". What is "news release"? The regulation points out that "the release of news as mentioned in these regulations refers to the release and reprinting of news through the Internet". The ambiguity of this concept lies in the lack of professional understanding of the relationship between news and information. News is a part of information, which is the information of recent factual changes. Therefore, no matter the information about the recent factual changes in a certain aspect published by any website, it can be called news to a certain extent, regardless of whether its text has the news "inverted pyramid" structure that everyone usually agrees with; What used to be regarded as news can only be regarded as "old news" or information after a certain period of time, regardless of its text source or whether it has an "inverted pyramid" structure. If a website publishes or reprints "news" that has expired, or "information" that has recently changed in some aspect, is it a "news publishing business"? In addition, the prescription is relative, and everyone has a different understanding of what is "expired" or "recent". Moreover, people will have different feelings about prescriptions for different information content. So, how to determine what is "news publishing business"? If the connotation and extension of this concept cannot be determined, the whole law will lose its rationality. However, in practice, the term "publishing and reprinting news through the Internet" as mentioned in this regulation refers to those words with the inverted pyramid structure of news, which are often published by large websites or paper media with the right to collect and write news. However, it is obviously absurd if the foothold of "publishing and reprinting news through the Internet" mentioned in this regulation lies in the "inverted pyramid" news format. Many websites can publish real news by changing the text format, thus circumventing the management of this regulation. If the law wants to prohibit or regulate online reprinting, then there is no need to create a nondescript concept of "publishing news business". Moreover, the regulation and management of network reprinting behavior should belong to the category of intellectual property management. Under the premise of not violating the laws and regulations related to intellectual property rights, why can't the website reprint the words published by large websites or paper media with news gathering and writing rights? What's more, the texts published by large websites or paper media with news editing rights are mostly legal texts recognized by national laws. On the premise of not violating the laws and regulations related to intellectual property rights, the widespread dissemination of such texts through the Internet will increase citizens' accessibility to information and meet citizens' information needs in different regions, fields, levels, types and styles, which is beneficial and harmless. Why use laws and regulations to limit its spread? Therefore, looking at the whole "Interim Provisions on the Administration of Internet Website Operation and Publishing News Business", it can be said that there is no merit. Its promulgation is nothing more than artificially creating some powers for the the State Council Press Office on the absurd basis and increasing the corrupt motives of the staff in this department. In fact, this law can only play a very limited role in news management and regulation in the sense of reprinting words published by large websites or paper media with the right to write news. At present, most websites do not have the qualification and authority of "publishing and reprinting news" as stipulated by law, but most of them have to rely on "publishing and reprinting news" to increase their popularity. In fact, administrative departments at all levels have acquiesced in the rationality of this situation, but the law hangs over such websites like the sword of Damocles. When this sword will fall on which website, it often depends on whether this website brings "trouble" to the government or how it relates to the staff of relevant administrative departments. Naturally, everyone knows what this relationship depends on, so there is no need to state it here. From the above discussion, we can draw a conclusion, that is, the Interim Provisions on the Administration of Publishing News on Internet Sites jointly issued by the State Council Press Office and the Ministry of Information Industry on October 7, 2000 should be abolished-it is either a slap in the face or a provision used by some government departments to seize power. As for the Regulations on the Administration of Internet News Information Services jointly issued by the State Council Press Office and Ministry of Information Industry in 2005, its core concept is news information service, which is a rather broad and vague concept-whether news and information are juxtaposed or biased here means news information service or news and/or information service. We will understand the latter here. As mentioned above, almost all websites are publishing news or information, that is, providing "news information service" to the public. However, in Article 2 of the Law, "news information" is simplified as "current political news information". Another conceptual basis of this law is the dichotomy between "news units" and "non-news units". Before the advent of the Internet, there was indeed a clear boundary between "news units" and "non-news units", and this dichotomy was reasonable. However, the emergence of the Internet has blurred this boundary, because any website can be said to provide "news information service" to the outside world to some extent. In fact, this dichotomy regards newspapers, radio, television and other units with traditional mass media as "news units" and excludes all departments that operate websites, which is actually very unscientific. What this law establishes is actually the monopoly position of the government in the writing, publishing and dissemination of "current political news information" on the Internet, because according to this law, only "central news organizations with a registered capital of not less than 6.5438+million yuan", news organizations directly under the provinces, autonomous regions and municipalities directly under the Central Government, as well as news organizations directly under the cities where the people's governments of provinces and autonomous regions are located, can apply to become "news organizations that have published and broadcast content". Internet news information service organizations that provide bulletin board services on political issues and send information on political issues to the public-obviously, only "news organizations" directly controlled by the government have this qualification. The emergence of the Internet has reduced the cost of information production and dissemination, increased the accessibility and usability of information for citizens, enhanced the bargaining power and game ability between citizens and the government, and promoted the process of social and political democratization in China. For the management and legislation of Internet information publishing and dissemination, its purpose should be to further reduce the production and dissemination costs of beneficial information that is conducive to social development and progress, while increasing the production and dissemination costs of information that hinders social progress or is harmful to society. According to this standard, the Measures for the Administration of Internet Information Services, which was adopted at the 3rd1executive meeting in the State Council on September 20th, 2000, is obviously the best regulation for the management of Internet information dissemination in China at present. However, the Interim Provisions on the Administration of Internet Publishing Business jointly issued by the State Council Information Office and the Ministry of Information Industry on October 7, 2000/KLOC-0 is confusing because of its concept. As for the "Regulations on the Administration of Internet News Information Services" jointly issued by the State Council Press Office and Ministry of Information Industry in 2005, by raising the entry threshold, the monopoly position of the government on the production and dissemination of "current news information" closely related to citizens' vital interests was legally determined, which greatly increased the cost for citizens to supervise the government by public opinion and made the network a public opinion manufacturing system controlled by the government to a certain extent. However, because the Internet is a decentralized media, it has the characteristics of "the center is everywhere and the edge is everywhere". Different from most traditional media, on the Internet, the information sources and the power to publish information are decentralized. Who will release information, when, in what space, in what way, who will be the recipient of this information, and what impact this information will have on the recipient's thoughts or behaviors, etc., are full of uncertainty; In addition, the information on the network is constantly updated and diffused at an alarming rate, and the time for the attention of monitoring forces and monitoring personnel to accumulate and stay at each updated and diffused node is limited and temporary. These characteristics greatly increase the cost of the government to publish monitoring information on the Internet, and even make it impossible to effectively monitor. In this sense, the law's attempt to make the Internet a public opinion manufacturing system controlled by the government is doomed to failure. From the perspective of cost-effectiveness or effectiveness, some provisions of the law should be modified or even deleted.