Analysis of incidents of legal regulation of information dissemination

Paper Keywords: emergency, Information and personal Information
Abstract: the dissemination of Information of emergency government presents a distinct dominant, resulting in poor flow of Information and the deliberate spread of the drawbacks, did not play through the dissemination of Information to increase public pArticipation, and promote settlement of the crisis, the crisis the purpose of information dissemination, and even extended or aggravate the crisis process. should be regulated in legislation, specifically the dissemination of information strictly regulate the behavior of the government, establish and improve the media, public pArticipation in information dissemination system to protect personal information rights.



According to the provisions of the Emergency Response Law, unexpected events, is suddenly, causing or likely to cause serious harm to society, need to take urgent measures to cope with natural disasters, accidents, disasters, public health incidents and social safety incidents. Deal with unexpected events, timely and effective communication, the growing role of information dissemination human attention, therefore, the legal dissemination of emergency information management has become a trend. At present, China has preliminarily established a legal system of emergency information dissemination system, however, For the protection of public emergencies and the protection of personal information security to know there are still many problems. This paper attempts to study the spread of the pArticular emergency event information based on the model of information dissemination to emergencies and improve the legal system for defects Discussion.

First, the dissemination of information in emergencies
(A) The Government, the media, the public's role in the dissemination of information
Dissemination of information related to emergency three entities: government, media, the public, their commitment to the community because of their different functions, in addition to quality and quantity of access to information disparities exist, resulting in "asymmetric information" (asymmetric information, in information dissemination The role and functions are also different.

1. Government - the leader in information dissemination
Government, as the exercise of public power sector is responsible for the formulation of public policy, management of public affairs, public services, the dissemination of information in emergencies in a dominant position, of course. First of all, the Law of view, November 1, 2007 shall come into force The <<People's Republic of the Emergency Response Law "> clear that the people's governments at or above the county as a regional response to public emergencies within the statutory authority, whose duties include" collection, storage, analysis and transmission of information about emergency . "Secondly, in terms of resources, in our country, government depArtments have 80% of community information resources and more than 3,000 valuable information databases, both public information, also covers a large number of citizens involved in public interest, legal personal information , a huge source of information superiority to more authoritative government information release. Once again, the sudden unexpected events, uncertainties, and other features easy to diffuse, uncontrolled dissemination of information is inevitable, some negative effects caused by dissemination of information and even extended, deepened the crisis, as some media events over exaggerated, exaggerated or even false reports, the increased public panic and trigger a new social conflicts, social management letter shall be the functions of government according to their management of information dissemination. can be seen in the sudden send event information dissemination model, the government is the main information source and authority of the publisher and the dissemination of management position.

2 Media - information communication platform and watchdog of government action
Dissemination of information as a professional organization, the media through news reports of incidents to achieve information publishing. Here, the media focus is twofold: first, through the unexpected events timely and accurate reports, the government's authority to pass information satisfy the public right to know, after the elimination of crisis gossip, rumors breeds at risk, and guide public opinion, mobilize community support for the resolution of the crisis to provide a good public opinion environment; the second is to use news reports from the public to express their opinions to establish an effective channel to Government to understand the true public opinion for the government response to the crisis decisions. the media really become the government and the public communication platform. media through the dissemination of information on government action to achieve effective supervision. unexpected events can be a "natural disaster" may be "man-made", or both, and "man-made" often add "natural disasters" extent of the damage, therefore, whether it is before the crisis early warning reports, live coverage of the crisis or post-crisis reflection reports , that government action can provide Mirroring. Media reports in the supervision of emergency is pArticularly reflected in the national media on the intention of hiding the truth of the local government's critical reporting.

3. The public - the audience and communicators
Audience as a communication concept that dissemination of information to the receiver. Modern Communication "audience centered" that the audience is not passively receive information, but actively seeking information, the argument that the dissemination of information in the incident have been fully demonstration. Because of the sudden unexpected events, public and destructive, uncertainty, before the public in the event and clear easy to produce tension, fear and even anxiety, their information seeking behavior is more urgent. According to well-known media scholar Will psychologist Maslow's "hierarchy of needs reason perish," and proposed a corresponding level diagram of information act, in his view, a person's position in the hierarchy determines his information seeking behavior, and only at a level of information needs to meet before people committed to a higher level of information ... ... on human survival and security of information in the class diagram of the bottom level. circle under the Will of the theory, people for survival, the information needs of the most pressing security It also confirms the crisis in emergency it more urgent than usual information seeking behavior.

Disseminators of public information is important. In modern society, as long as there is an emergency occurs, there is always a crisis of public information publisher. They are or as a source of information, witnesses and parties of information (such as Shanghai cargo plane crashes) , or even indirect access to information is hearsay; they either mode of interpersonal communication through the release of information, you can also take advantage of new media or foreign media of mass communication. It depends both on the Internet, mobile phones and other modern communication technology support, but also due to emergency information dissemination in the fuzzy, one-sided, especially as the main channel of government information release and media information is missing, resulting in the public's information seeking behavior are not met, the public is even more prominent role of information disseminators.

(B) The Government-led model and the problem of information dissemination
Dissemination of information of emergency government presents a distinct dominant. The Government as the main source of information, not only to control information flow, but also through media control, to control the dissemination of information, the media "can not be reported," "what was reported," " How to report "is subject to government administration, public information due to lack of freedom of choice, can only passively accept. Before the reform and opening up, this mode of information dissemination behavior showed a low level equilibrium. After 30 years of reform and opening up , an increasingly diverse interests of members of Chinese society, the dissemination of information embodied in the three main crises have different interest demands; the same time, technological advances are increasingly diversified transmission of information, therefore, under the strict control of the government emergency information dissemination model has been unsustainable, but also cause many problems.

1. Dissemination of government information under the control of poor
After the outbreak of Emergency, the Government, as public administration, worked hard, through effective information dissemination to promote the sound development of the event, final consumption bomb crisis. For this purpose, the Government should be the best mode of information dissemination is the full control of information dissemination, so that media, the public dissemination of information, accept the wholly owned by the control, that is, "I said what what you reported what he believed." reform and opening up the sector, our government did so prior to the effective realization of the mode of control and public crisis management, but as the government control of all social resources management is no longer the traditional means of information dissemination is also difficult to sustain control of .2003 "SARS" and the public health crisis caused by the earlier "Lake Incident", because of Government control of information transmission, amplification and even aggravated the crisis. "SARS" crisis on government public emergencies traditional mode of information dissemination a tremendous impact, the Government's information dissemination behavior gradually from the "control" to "moderately open." "SARS" later issued <<Emergency Ordinance, a public health emergency>> Twenty-one states: "Any unit or individual incidents, not hide, delaying the report, false or incite others to conceal, delay reporting, false . "twenty-five states:" The State shall establish emergency information dissemination system. ... ... information release should be timely, accurate and comprehensive. "
After the "SARS" period of emergency information dissemination of Government, presented two models: one is represented by the central government based on the "maintenance of national image," "political influence" public interest demands the information model under the Central Propaganda Department .2003 Fa <<improve and strengthen the national emergency provisions of the Work of news stories>> require "major media in the central and provincial timely, accurate, authoritative coverage of emergencies ... ... play a leading role in public opinion. Other news media should Note that the message broadcast by the Xinhua News Agency and reproduced through draft (RSS) Central major media coverage. "One is part of the local government performance and economic development interests based on the demands of the information control mode. two different modes of public emergencies in China confirmed dissemination of information is still in absolute control of the government, the government publicly or arbitrary withholding of information is too large, lack of institutional regulation.


Because of institutional constraints, domestic media dependence on the party and the government is high, most of the mainstream media or in the form of the organ of the party committees at all levels of existence, the lack of a relatively independent status, reflected in reports of public emergencies, the media "silence "or" unanimous "is more prevalent .2003" SARS "crisis, corresponding to the central government and some local governments have different modes of information dissemination crisis, national media and local media reports show different patterns .2007 February 28 Day, Fujian Province confirmed case of human infection of highly pathogenic bird flu, CCTV, Xinhua News Agency, "<Daily>> and other central media have made the news, Fujian, but local media collective" speechless. "
Dissemination of information under government-led crisis led to the dissemination of information for the block, did not play through the dissemination of information to increase public participation, and promote settlement of the crisis, the crisis the purpose of information dissemination, and even to extend or add to the crisis process.

2 media, the public, "rebound" spread disorder under
Contemporary China, the interests of an increasingly diverse, reflecting the dissemination of information in emergencies, the Government, the media, the public interest demands are different. As driven by their own interests, the media and the public face of the Government's control of information dissemination strategy to adopt a different .

Disordered media communication. With the continuous advance of information system, the media market as the main competition in the media industry, especially the face of foreign media and network media, mobile media, new media challenges, the domestic mainstream media market-based considerations, also because of the media of social responsibility and journalistic professionalism, to report incidents of public concern, growing enthusiasm for crisis information dissemination and communication play an important role. At the same time, the lack of regulation, the state also led to dissemination of information intended to and disorder, on the resolution of the crisis adversely affected. features: on the one hand, some exaggerated reports of increased public insecurity; the other hand, due to report inappropriate content against the state, the collective interests of individual citizens.

Dissemination of public disorder. The emergence of new media means of information dissemination to the public's increasingly rich, with financial interpersonal communication, mass communication as one of the features. Especially when the main channel for dissemination of information does not play its due role, the public dissemination of information take the initiative. Because public emergency caused by panic, combined with limited ability to access to information, as well as new information and communication instruments lack an effective system of regulation, resulting in the majority of this information in order to spread gossip, rumors spread in the form of, often for the fuel crisis, the negative impact should not be underestimated.

Second, the emergency information management and dissemination of legal issues
As governments around the world to establish a common system of information disclosure and emergency response the constant improvement of the legal system, legal system of information dissemination emergency management has become the trend. On the one hand, through the legislation to establish the government information disclosure system, to standardize the sudden dissemination of information made the event and provide an institutional basis for behavior; the other hand, improve emergency response through the establishment of legal systems, emergency information dissemination will be incorporated legal management.

(A) of emergency legislative status of dissemination of information
At present, China has initially established to <"Are Government Information Disclosure Regulations>> the basis of the legal system to emergency incidents as the main content of the legal system of information dissemination.

May 1, 2008 implementation of the <<Republic of China on Open Government Information>> change the information openly distributed earlier legislation of the model, information disclosure system requires relatively well, with a focus include: (1) Government Information The authorities and responsibilities; (2) the content of government information, including administration voluntarily disclosed the information and the information may be disclosed upon application, in which the government focus on dry Article related public information, including "... ... (x) sudden public event contingency plans, early warning information and response to the situation. "(3) disclosure of the exceptions, a waiver of open public information; (4) information security and supervision of public relief mechanism.

Frequent emergencies in recent years, especially 2003, "SARS" triggered the public crisis, the birth of the legal system of emergency, our emergency response system of the legal system has taken shape. It consists of three elements: (1) <<Emergency Response Act ">, this is the Basic Law to respond to emergencies; (2) single-line response to specific emergency legislation, including" <Communicable Disease Control Act >>,<< Earthquake Disaster Mitigation Act "," " <Flood >>,<< sand control method >>,<< emergency public health emergencies Emergency Regulations Ordinance >>,<< devastating earthquake>> and so on; (3) departmental management Law on emergency response terms of events, including "" Safe Food Hygiene >>,<< water production method >>,<< Law "> and so on accidents and disasters, public health emergencies, natural disasters, the response terms. which provides for most emergencies reporting and information dissemination system, focusing on provisions of the reporting system, including the head of the general, reporting procedures and time limits, the report form and content, as well as late, cheat, lie in the prohibition, etc.; the provisions of the information release system is more generalization.

(B) emergency information dissemination lack of legal regulation
1. The current legislation on the Government's emergency information dissemination behavior in legal regulation more fully, but legislation is too scattered, the relevant provisions is vague, does not attach importance to program the system and other reasons, on the government released emergency crisis in a comprehensive and timely information lack of effective constraints.

First of all, government departments at different levels of information dissemination on emergency power and responsibility is not clear enough. As the current emergency legislation is dispersed on the emergency release system for reporting and information requirements are not consistent for different types, different levels of hazard emergency information dissemination and management responsibility for the provision can not be clear, the main obstruction in the dissemination of information under the status quo in local government is not conducive to the central government, the media and public supervision according to law.

Secondly, the existing legislation on the content of information disclosure provisions of the Government was not sufficiently clear, to give the executive too much discretion. <"Are Government Information Public>> initiative of the Government to frame the scope of public information, but some provisions are too vague, such as Article IX requires the executive branch should take the initiative to open government information, including "... ... (a) involving citizens, legal persons or other organizations vital interests; (b) the need to be widely known or public participation ... ..." Contrast the United States, Canada and other countries will be exempted from public itemized information, are provided in addition to public information legislation, information disclosure system of our government to give the executive too much discretion. Links to Research Papers Download http://www.hi138. com Once again, the existing emergency legislation the government emphasis on information collection, use, reporting system, ignore the information release system construction. The focus is to standardize emergency government in the state control of information and communication management, in order to avoid cheat, delaying the report , false behavior. the provisions of legal norms emergency response reports and information release system, the focus is on information reporting system, including those responsible for information reporting, reporting procedures and time limits, form and content of the report, the principle of information release is only provisions, and provides emergency related information must be authorized by the government at all levels and relevant departments to be released. This is the legislation on the common mode of information flow within the channels of the confirmation of this model, the relevant emergency information through the internal channels of several levels, and ultimately into the Government's response to behavior, this mode of information dissemination closed obvious drawbacks of slow, is not conducive to emergency information timely release of the Government, but also hindered the media and public access to information.

2 media, the public participation in the lack of emergency information dissemination system of protection.

As the preceding analysis, the existing legislation on emergency regulation of the dissemination of information mainly for the dissemination of information within government agencies to determine the system, clearly the Government's information management power, none of the media information in emergencies to make clear that disclosure rules and notes, the public system of dissemination of information is the lack of recognition and binding. only some of the provisions also lost in the vague, such as <"Are Government Information Public>> Article XIII:" ... ... citizens, legal persons or other organizations according to their own production, life, Research and other special needs, to the State Council departments, local governments and local people's governments above the county level for the relevant government departments for information. "provisions are too general, what is" special needs ", the news media interviews and reports whether they are special needs, the lack of detailed requirements, determine the power is still vested in the executive. The media and the public is difficult to apply by virtue of the provisions of relevant information. some sectors of the "red tape" is set on the media's news coverage obstacles. CIRC issued in 2003 <"China Insurance Regulatory Commission on Further Strengthening and Improving the insurance industry, emergency news reports of the notice>> provide for the various emergencies without authorization or organization that is consent, authority and the supervisor will send agencies, insurance companies and all levels of industry associations, the Institute shall not personal interviews to the media or published articles in the media.

3, the lack of system to protect personal information protection. As the preceding analysis, dissemination of information in emergencies, due to the exercise of emergency powers the Government, media crisis coverage, and public curiosity on the psychological panic rumors, rumors spread of behavior, the public information Safety worrying. The absence of the current legal system exacerbated the risk.

First, the unified, comprehensive legal system for protection of personal information has not been established. Government Information System on the existence of a threat of personal information, therefore, the United States government information disclosure system by the <<Freedom of Information Act Sunshine Law >>,<< >>,<< Privacy Law "> form to <<Privacy Law"> to balance the government information could have caused the infringement of personal information. not being a personal information protection law has not yet promulgated, the law concerning protection of personal information is mainly based on <<Civil Code " > Protection of the Right on the reputation of the relevant provisions and judicial interpretations, "<Criminal Law Amendment (g)>> Article VII of personal information on violations of Civil security provisions of the crime, as well as some rules and regulations of the scattered provisions of the lack of uniformity and system for there are many problems, it is difficult to effectively protect citizens personal information.


Secondly, the standardized emergency information dissemination of personal information protection legal system is relatively weak. <"Are Government Information Disclosure Regulations>> the protection of personal information mainly in the exemption provisions of public information. Government information disclosure system, although the principle of information disclosure However, the information related to personal privacy in principle should be kept confidential and not public unless the public interest involved. This has become a national information disclosure system generally followed the rules. Therefore, all national legislation provides for disclosure of personal information in the exception clause, to protect personal information. China <"Are Government Information Disclosure Bill>> Article XIV also provides for exceptions to disclosure:" ... ... the executive may not disclose involving state secrets, commercial secrets, personal privacy, government information. However, the the consent of the rights that the public or private administrative organs may have a significant impact on the public interest involving commercial secrets, individual privacy to government information, can be made public. "exemption from disclosure of personal information as one of the elements. However, because of the personal information The content is not as defined, are not explicitly exclude the application of personal information listed in exceptional cases, the provisions of protection of personal information is very limited. emergency response laws and regulations are more focused on public bodies access to personal information, use , for example, "<Communicable Disease Control Act"> Article VII, all areas in the People's Republic of units and individuals must receive medical care institutions, health and epidemic prevention agencies on infectious diseases of the inquiry, inspection, investigation and evidence collection and the prevention, control measures ... ... in the excessive power given to information management, while the main body of the message body is difficult to protect personal information.

Third, the incident sound legal system of information dissemination
(A) improve the dissemination of emergency information in the legal system of the government
Information superiority as the party government and public administration sectors, have a priority in the dissemination of information in the right of action, the media and the public are in accordance with its policies and release of information to choose their own strategies. Thus, the government should be clearly strictly regulate the dissemination of information acts, changes in the administrative authorities in the information release has too much discretion in the situation.

Available from the following aspects. First, a clear government agencies at different levels for different types of emergencies and hazard level of information dissemination and management functions, improve the dissemination of emergency information in the accountability system. The one hand, legislation to eliminate dispersion-related complete lack of convergence of the provisions of the disadvantages of clear responsibility of government agencies; the other hand, officials must not only provides for the principle of accountability, but also improve the procedures, including the responsible person, liability, accountability subject, accountability procedures, default officials, and other forms of punishment. Second, to further clarify and expand the scope of disclosure of government information. China <"Are Government Information Disclosure Regulations>> the ninth to ten two pairs of all levels of government take the initiative to open and focus on the type of information made publicly listed, is merely Tip significance is still on the disclosure content of the box set, is not clear enough, coupled with legislative term of the fuzzy, the executive has too much discretion to artificially reduce the information the scope of disclosure. can learn from the United States, Canada and other countries of the legislation, specifically exempted the types of public information, in addition, can all be public information. for public information to apply for, "" Are Government Information Disclosure Bill>> Article XIII of "citizens, legal persons or other organizations can also be based on their production and living , Research and other special needs "to apply the provisions of access to relevant government information too vague and should be defined in detail. Third, changes in light of legal norms emergency response information dissemination, the status of important information reporting, improve the government information release system crisis. The current legislation on emergencies only limited information release provides for the principle large, including "<sudden public health emergency regulations>> Twenty-five states:" The State shall establish emergency release system information ... ... information release should be timely, accurate, fully. "and provides for emergency-related information must be authorized by the government at all levels and relevant departments to be released. should the government released emergency information to clearly define not only the provisions of those responsible, the time limit information release, but also shall not timely accountability system for releasing information.

(B) setting up the media, public participation in the legal system of information dissemination
As the preceding analysis, the media of mass communication and public emergencies interpersonal communication in the role of information dissemination can not be ignored, the government can only lead to the strict control of information dissemination of information media and the public disorder, then the negative solution to the crisis impact. from the media and the legal aspects of public participation in crisis information dissemination system security, information seeking and communication behavior to the law, but also can effectively prevent the spread of disorderly conduct.

First of all, the government information systems, should be clear that anyone can apply for access to government information via the one hand, the information for the media to provide space to obtain and release the other, protection of the public can obtain information directly from the government. Second, improve the conflict send event information release system, build government and the interaction between the media, protection of media communication platform for the realization of functions. emergency information dissemination in the form of government authorized the release including, distribution of press releases, organizational reports, press interviews, held press conferences, in addition to government information should be clearly defined procedures, but also established Civil servants, "answered journalists and media issues raised by each of the" rule to protect the media, timely access to authoritative information on emergencies. also can learn from the practices of Japan and South Korea. Japan established in 1961 <<Disaster Countermeasures Basic>> clearly defined in the NHK (NHK) is designated by the State Disaster Prevention and public institutions, from the law established a system of public television stations in the National Disaster the position; Korea at 19% in accordance with <<Disaster Management Law "> the Korean public television (KBS) reported the crisis as the designated units. In view of the news system, clear the Xinhua News Agency, CCTV and other media information in a crisis authority of the spread of information control to break the government, supervision of local government emergency response actions will play an important role. Once again, the media and the public in the information dissemination of the legal responsibilities, in particular the liability of the media, except those involving other law provisions, special provisions should not be made, but should rely on industry self-regulation to restrain. <<Emergency Response Law "Draft> of a reviewer who states:" The unauthorized release of the news media in violation of regulations on the disposal of the case of unexpected events and developments development of the information or report false information, the circumstances are serious or cause serious consequences, the local performance of duties of the unified leadership of the People's Government at the fifty thousand yuan more than one hundred thousand yuan shall be imposed. "This provision was later removed to prove that the legislature also recognized to only the media, public access to the full and free participation in the dissemination of information system security, communication behavior disorder can be effectively constrained. Of course, from a system perspective the implementation of media interviews the real power, reports the right, and then protect the public's right to know, but also on <"News Law"> introduction.

(C) of the complete emergency system in the Personal Information Protection
As modern society, a large number of citizens of the government control of personal information, open government information system, information disclosure is always faced with how to balance the public interest and bring the benefits of protection of personal information relationship. Therefore, in the government information disclosure system generally established at the same time, special legislative protection of personal information has become a trend. should establish a personal information protection law as the core of the personal information protection law system in order to balance the government information systems may result in the infringement to personal information.

For the current legislation can be improved from the following aspects: First, standardize the emergency government agencies in the collection of personal information. Based on prevailing international community, the protection of personal information related to the principle of information must be collected for "specific purpose", in the sudden hair incident, was given information gathering powers of public bodies must exercise their powers need to perform their duties in the collection of information, other institutions and individuals have no right to collect personal information of citizens. Second, the use of personal information norms. clear of personal information limit use of the principle that the use of personal information should be strictly limited purpose of the collection range, shall not be used outside the purpose of collection. For example, public health emergencies, medical institutions, health and epidemic prevention institutions should be limited to the use of patient information treatment and prevention, and other information must be obtained by way of the main agreement. Third, standardize the confidentiality of personal information. emergencies, while the government collects personal information should be borne by the information security obligations, to avoid the disclosure of personal information, accidental loss or improper use. shall establish appropriate mechanisms of accountability, and give the right information of the main relief sought an effective way. Links http://www.hi138.com Research Papers Download