Abstract
In May,
2013, after the conflicts between Taiwan and the Philippines has exploded. Many
Taiwanese people were totally angry about what the Filipino had done to Taiwan.
The incident caused hatred for the Filipinos between the Taiwanese. A woman
called Miss. Dong (董小姐)
updated a Facebook status which was about a Filipino migrant worker got
rejected for buying boxed lunch. Miss. Dong eventually helped the Filipino to
buy the boxed lunch as well as gave him an extra one.
Although
the incident was unreal in the end, we cannot ignore the courtesy of Miss. Dong
for telling people that we cannot shift our anger from Filipino government to
the migrant workers. However, the power of net pals and the speed of passing
the information have contorted the whole incident. People focus on the accuracy
of the incident and blame Miss. Dong for concocting it. They don’t regard it as
a simple story that wants to express some warnings to the society, but keep
finding the truth that they think it was. Eventually, the net pals even used
human flesh search method to force Miss. Dong come out and apologize to the
whole society, which cause great pain and pressure on her. This incident also
converts to the Filipino government and did great harm to the image of our
government.
As we know
that in the democratic society, everyone has the right to express his or her
feeling or opinion. However, is it true that what majority say stand in
justice? People tend to follow what the majority thinks without considering the
accuracy and the fact. In this incident, we all know that Miss. Dong neglected
the subject when posting the article. That is to say, she just heard the boxed
lunch incident from the people passed by her; however, she transformed the
incident from objectivism to subjectivism. Nevertheless, does she deserve this
much blaming and critics? The good intention was twisted by the ‘’justice’’ of
the net pals. Moreover, Miss. Dong harmed none in this incident. Why she shall
suffered from Human Flesh Search? Being criticized and watched by the
public at any moment will truly do great harm to a person’s life.
The
project is to treat the matter of the consequence of Human Flesh Search.
Although the rapid booth of Internet makes Human Flesh Search become a new and
convenient method of solving social problems. However, does it become mature
enough to be a legitimate method in the society? These are what I am going to
carry out the research about.
Texts
As I have mentioned in my abstract
that maybe we should think twice about the fairness and legitimacy. That is, it
somehow complicates the privacy and illegal problems. If a person is really
considered as illegal or immoral, but does his or her family members who has
nothing to do with the incident have to endure being exposed to the public? It
will really bother their daily life.
According
an article I found on Yuen-zi University online news called ''Is Human Flesh
Search Righteous?'' When exposing one's personal information such as telephone
number, address...etc. It will violate the Computer-Processed
Personal Data Protection Law. Although the motivation of searching the suspects
may stands in justice. However, many of the behaviors are based on moral
problems. Law problem mostly have nothing to do with their actions. Forcing
them to unfold their privacy to the public is to some degree more immoral.
What's more, by reading an article from Chi Chu magazine online, many police officers tend to use human flesh search to investigate the crime. It really helps them find the criminals and evidences easily. However, what's more concerning is that when they uses human flesh search engine to find the criminals as well as the parties and witnesses, their scars and pains suffer from the crime will be exposed to the society. Does this really means that it will solve the problem? I think it may make the incident more complicated, and the privacy of the victims will not be protected.
Therefore, human flesh search is still be regarded as an impropriate method to me. It's not mature enough through laws and moralities.
What's more, by reading an article from Chi Chu magazine online, many police officers tend to use human flesh search to investigate the crime. It really helps them find the criminals and evidences easily. However, what's more concerning is that when they uses human flesh search engine to find the criminals as well as the parties and witnesses, their scars and pains suffer from the crime will be exposed to the society. Does this really means that it will solve the problem? I think it may make the incident more complicated, and the privacy of the victims will not be protected.
Therefore, human flesh search is still be regarded as an impropriate method to me. It's not mature enough through laws and moralities.
Also, I
find out that the social structure makes Human Flesh Search become a kind of
cyber violence. In my reading in tutorial by a guy named Hsiao Long Lee on the
Internet, I found out that Human Flesh Search starts and ends in four
categories, which are the motivation as well as the outcome are both rightful,
the motivation is rightful but the outcome is foulness, the motivation as well
as the outcome are both foulness, and the motivation is foulness but the
outcome is rightful. That is, the motivation of an Human Flesh Searching
incident might be proper and correct; however, the outcome is very possible to
be contorted. Or even if the motivation is incorrect and the outcome
accidentally turns out to be right, the improper motivation still makes the whole
incident become foulness. People in the event most likely will change from
righteous net pals into Internet mobs. When they are searching the suspects,
they will reveal all the personal details such as his or her family or address
on purpose, which will cause serious privacy problems. Not to mentioned the
motivation as well as the outcome are both foulness category. In this kind of
event, the net pals tend to be under educated.
Human
tends to forget what their original purpose is, when they are searching the
person they want, they tend to reveal all the things about the person. This
will indeed turn a justice into a scandal. Everyone wants to be paparazzi, but
where is the real fact and truth? This will seriously causes severe moral and
public profit problem. In my reading, I know that if Human Flesh Search is
based on subservience, which can do well with the society, it won’t be illegal.
However, many of the events tend out seriously affecting the suspects life.
Although, the suspects might truly do harm to the society; however, what the
Internet mobs have done is another way of harming the society. By the
convenience of the media, the incident will turn out more and more complicated,
and the truth will easily be covered by the mobs. The society will also turn
out to be panic due to the privacy problem. Most people that accept the message
mostly don’t think deeper about the accuracy. That is to say, they tend to
gather together to create a disturbance and causes great pain to the victims
especially the suspect’s family. Therefore it is not easy to hold the
benevolent motivation in order not to become non-rational and gossiping mobs.
3.
Proper Law Procedure is the Only Way to Strike the Balance Between the Freedom
of Speech and Moral Denouncement.
We all
know that in the contemporary society, the freedom of speech should not be
deprived. That is to say, if the right of speaking and writing freely has to be
protected, why the arguments as well as the opinions that stand in the minority
should be forced to be human flesh searched? If the speech or perspective is
improper or offending, why not deliver the person to the proper law treatment?
I found an
article that explains the confusion of law on '' Law Taiwan.com(台灣法律網)'' It points out that
'' In order to maintain human dignity and the free development of respect for
human, freedom and democracy are core values of the constitutional order.
Privacy rights enumerated in the Constitution, though not explicitly, but based
on human dignity and integrity of the maintenance of individual subjectivity
and personality development, and for the protection of personal life private
areas from harassment of others and self-control of personal information,
privacy is considered to be the basic rights not cannot be lack of. The problem
is that human rights of privacy often has conflicts with human flesh search. In
addition to the fact that human flesh search invades people's privacy, the
long-term harm that has brought to them may not balance with the degree of
punishment, violating the principle of ''crime and punishment balance (罪刑相當原則) '', but may also be
in violation of "presumption of innocence (無罪推定原則)" and "due process (正當法律程序)" and cause
"rehabilitated (更生)"
obstacles, so it should be properly regulated and give relief to the victims of
the pipe (Civil Code Section 195, Penal Code section 310, etc.); but even the
victims petition of relief, it is also time-consuming and money is significant,
also the profit of winning the petition is often less than the original plan in
mind, so relief is the last of the petition means.''
I also
read an article online that is written by professor Hsheh who majors in law, he
makes notes that John Mill, the famous political economist said, freedom of
speech allows people the chance to get the truth. His reason, is nothing more
than a variety of views can be fully discussed in the world of freedom of
speech, the truth is out. You can easily see that this idea is not only
presupposes the willingness and ability of people to have a rational
discussion, more fundamental , is the need for the majority of people have
freedom of speech, only you have, or just you and your companions, little
effect. The professor Hsheh also points out that we should not prohibit hate
speech, because it was not the best response to the person holding the
mentality of hatred.
That is,
the ‘’aliens’’ such as people or speech should not be banned as well as be
searched out even if most people cannot accept the different speech what he or
she said. Once it involves law or country safety issue, which is serious and
tremendous, the profits and the efficiency of finding out the negative figures
such as greedy agents. However, the improper procedure makes the whole thing
become illegal, and it will also harm the people that innocence, why not
deliver it to the accurate law procedure?
4.
Human Flesh Search is Produced By Class Violence
By the continuous development of computer
technology, the Internet has rapidly become not only a part of our life, but a
main channel of passing the information. However, the obtention as well as the
usage of the information may affect educational levels and other factors caused
by the distribution of social resources on uneven appearance. Whoever gets more
information, they are able to become a social media master in the "elite
class", whereas the others who are not having the opportunity of digital
media are produced by the digital gap. The Advancement information of
technology can solve the gap on the geographic space and time, but could not solve
the problem of social gaps.
We can
see that, in many human flesh search issues, people, especially net pals gather
actively to take reactions to the people they cannot accept. Although they are
not the ones that are in the core authority, they express the desire of gaining
the power. That is to say, by searching people, they can get the achievement that
they have never experienced before. Once people gain the power much more than
they used to be, they won’t stop before getting too far. Therefore, the things
they do have great possibility to make things more complicated and worse. The
social gap makes the information unbalanced. Moreover, the media usually stands
in the side of people that are in the middle class or even lower class. They
will tend to exaggerate the fact in order to meet people’s needs.
Not to
mention the people that have no chance to use the internet. Based on the
unbalanced information, and the theory ‘’Spiral of Silence’’, which is the
theory about minorities' opinion being oppressed by the majorities due to
pressure. The facts will be covered by the majority. And the low class people
normally are afraid of the pressure of the upper class opinion, so they won’t
tend to give out perspectives. This is considered a improper circulation.
Conclusion
Undoubtedly,
Human Flesh Search is a new method contemporary. It really affects the new
concept of searching people and evidence. It indeed is a convenient way that
challenges the old legal procedure. However, there are still some social
problems that should be solved before popularizing it. I think an environment
that can make Human Flesh Search do not carry out unstoppable attack is the
society that doesn't have media and information gap. But I think that there
shall still be a long way to go.
References
1. Yuan-zi Student Forum, Ya-Wen Cheng, Human Flesh
Search, Legal or Not?
http://web2.yzu.edu.tw/e_news/677/6_student01.html
2. Yahoo Social News , Does Homan Flesh Search Stand in Justice?
http://tw.news.yahoo.com/blogs/society-watch/%E4%BA%BA%E8%82%89%E6%90%9C%E7%B4%A2%E5%BE%88%E6%AD%A3%E7%BE%A9%E5%97%8E-092038082.html
3. Show-hon Lee ,Thesis Human Flesh Search and the Post modernity Behavior of Internet
http://big.hi138.com/wenhua/lunlidaode/201103/292015.asp
4. Blog
Freedom of Speech and Its Restrictions
http://phiphicake.blogspot.tw/2013/04/blog-post_17.html
5. Ho Ching Thesis
Human Flesh Search and the Post modernity Behavior of Internet
http://media.people.com.cn/BIG5/137684/8521516.html
6. Media Gap http://blog.xuite.net/josephjdshen1/manywhysblog/135050112-%E6%97%A5%E4%BA%8CB%E9%AD%8F%E4%BB%8A%E7%B6%AD++++++++%E9%A1%8C%E7%9B%AE%3A%E6%95%B8%E4%BD%8D%E4%BA%BA%E6%
Figure1
While online anonymity
makes people able to expose crime and immoral affairs, however, the action
often causes unstoppable attack to the victims.
Figure2
Human Flesh Search
starts and ends in four categories, which are the motivation as well as the
outcome are both rightful, the motivation is rightful but the outcome is
foulness, the motivation as well as the outcome are both foulness, and the
motivation is foulness but the outcome is rightful.
Figure3
Based on freedom of
speech, everyone can be citizen journalist, however, alien speech tends to be
searched out. It's controversial situation indeed.
Figure4
Privacy is considered
to be the basic rights that cannot be lack of.
Figure5
Privacy should be
promised in the legal procedure, not to mention Human Flesh Search is an
illegal issue.
Figure6
The theory of The Spiral of Silence.
