Online platforms play a critical intermediary role in the generation and dissemination of deepfake content and should accordingly bear criminal liability commensurate with their status.However,China’s current legal f...Online platforms play a critical intermediary role in the generation and dissemination of deepfake content and should accordingly bear criminal liability commensurate with their status.However,China’s current legal framework faces practical obstacles in defining platform criminal liability,including ambiguity in the delineation of duties,difficulties in establishing the“knowledge”standard,and procedural asymmetry in accountability mechanisms—factors which severely undermine the effectiveness of criminal law governance.To address these challenges,the normative construction of platform criminal liability must be grounded in the theoretical foundation of legal interests protected by criminal law,clearly define platforms’proactive duties of care,and introduce reasonable standards for the presumption of knowledge.At the same time,a differentiated and tiered compliance obligation system should be established,utilizing technological means to ensure transparency and verifiability of platform responsibility.Only in this way can criminal law regulation achieve an effective balance between safeguarding social security and fostering technological innovation.展开更多
文摘Online platforms play a critical intermediary role in the generation and dissemination of deepfake content and should accordingly bear criminal liability commensurate with their status.However,China’s current legal framework faces practical obstacles in defining platform criminal liability,including ambiguity in the delineation of duties,difficulties in establishing the“knowledge”standard,and procedural asymmetry in accountability mechanisms—factors which severely undermine the effectiveness of criminal law governance.To address these challenges,the normative construction of platform criminal liability must be grounded in the theoretical foundation of legal interests protected by criminal law,clearly define platforms’proactive duties of care,and introduce reasonable standards for the presumption of knowledge.At the same time,a differentiated and tiered compliance obligation system should be established,utilizing technological means to ensure transparency and verifiability of platform responsibility.Only in this way can criminal law regulation achieve an effective balance between safeguarding social security and fostering technological innovation.
