Nelegalaus ir neleistino interneto turinio reglamentavimas

Abstract

The more Internet is used for lawful economical and social communication, the more space appears for possible illegal activities. The freedom of speech in the Internet is a very important condition to maintain the democracy. Despite this, freedom of speech can be limited in behalf of the other essential human rights. One of the most important reasons to control the freedom of speech in the Internet - is to protect children and minorities from the illegal and harmful content. It is essential to stop child pornography , to prevent the society from xenophobic and racist hatreds spreading on the Internet. The illegal spreading of spam, which contain illegal commercial information about drugs, alcohol and tobacco is also the target of regulation and control. While researching the giving topics, we came to the conclusion that legal regulation of Internet content has features of globalism and unification. This tendency comes out of the specific architecture of the Internet, that allows the users of the Internet ignore the borders of the national states. We raised a question: do national states have to comply to the global nature of the Internet and to regulate Internet using international legal standards and sacrify their own national tendencies of regulation? We noticed that it is impossible to expect the legal regulation of the Internet will become united because of the cultural, economical, political and social divergences among the national countries. As we admitted, that cyberspace has it's own features that differs from offline media features (like traditional radio, television or press) we said, that the legal definitions, used to describe the offline spheres' objects do not exactly fit for the cyberspace description. When we want to make the definitions of the objects and processes in the Internet we have rethink and rearrange the characteristics of the traditional offline and new online sphere. The internet regulation also faces the problem of liability for the creation, transmission and hosting of the illegal content. According to the law, the Internet service providers are not in general responsible for the content they deliver. Usually controller is in charge. But laws put some exceptions which makes Internet intermediaries responsible for the content they provide. It is widely discussed if these exceptions are the dangerous to the freedom of speech and democracy in the Internet. Social behavior in the Internet differs from the offline behavior. This is the reason for creating the self – regulation system for the Internet. The development of information society shows that legal regulation of the new technologies are essential for elimination of electronic offenses and crimes. The illegal content should not to shade the positive benefits the society gets while using cyberspace.