新冠疫情背景下网络谣言的法治化治理路径探析

新冠疫情背景下网络谣言的法治化治理是新冠疫情防控的需要,也是贯彻依法治国方略、构建“共建共治共享”社会治理机制的基础.新冠疫情谣言传播呈现出渠道立体化、内容碎片化、扩散速度实时化、动机多样化等传播特点.谣言治理中存在惩处力度不足、政府单向主导化治谣、言论自由和网络谣言界限不清、“塔西佗陷阱”和“老谣新传”等治理难题.基于法律与政策关系、多维共治理念、比例原则、法律普及和技术治理等法治理念的考量,建议提高网络谣言治理的立法层次和系统化程度、培育政府主导下多元主体参与机制、规范谣言司法治理的谦抑性、增强技术手段下辟谣平台和谣言预警机制建设、建立信息透明公开的社会沟通机制,维护舆论的正向聚合效应.

Analysis on the Legal Governance Path of Internet Rumors under the Background of COVID-19 Epidemic

Under the background of COVID-19 epidemic, the legal governance of network rumors is the need of epidemic prevention and control. It is also the basis for implementing the strategy of governing the country according to law and constructing the social governance mechanism of "co-construction, co-governance and sharing". The spread of COVID-19 epidemic rumor is characterized by three dimensional channels, fragmented content, real-time spread speed and diversified motives. There are some problems in rumor governance, such as insufficient punishment, one-way government-led rumor control, unclear boundaries between freedom of speech and Internet rumors, "Tacitus trap" and "new spreading of old rumors". Based on the relationship between law and policy, the idea of multi-dimensional co-governance concept, principle of proportion, and popularization of law and technical governance, this paper proposes to improve the legislative level and systematization degree of Internet rumor governance, cultivate the participation mechanism of multiple subjects under the guidance of the government, standardize the modesty of the judicial governance of rumors, strengthen the construction of anti-rumors platform and early warning mechanism under technical means, and establish transparent information and open social communication mechanism, so as to maintain the positive aggregation effect of public opinion.