Legal framework of online intermediaries' liability in China

Abstract

Purpose

The paper aims to outline the legal framework with regards to the civil liability of online intermediaries for users' misconduct in China, to analyze the problems in applying the rules related, and to introduce recent efforts from the State Council, the Supreme People's Court and legislature to combat online misconduct.

Design/methodology/approach

The paper intends to introduce these rules by studying the legislative history and several important case decisions. Comparisons with European and American approaches have also been made with regard to the self‐regulation issue.

Findings

Chinese courts have made many inconsistent decisions on the liabilities of online intermediaries in the past, but the legal framework is improving and the situation will become better given more clarifications from the Supreme People's Court. The State proactively promotes industry self‐regulation, together with public supervision in order to ensure the enforcement of rules.

Research limitations/implications

This paper gives a systematical analysis and thorough introduction to online intermediaries' liability since the first case in 1990s to the latest report, law amendment and provisions before July 2012 in China.

Originality/value

Cyberspace is an international community, thus, the worldwide harmonisation of cyber law shall be approached. An introduction of the Chinese legal framework and any latest updates from the State would be valuable for foreign policy makers and foreign online service providers to learn the Chinese situation and evaluate the Chinese internet market.

Citation

Tao, Q. (2012), "Legal framework of online intermediaries' liability in China", info, Vol. 14 No. 6, pp. 59-72. https://doi.org/10.1108/14636691211271235