Research On The Legal Regulation Of Defamation In UK

In the modern society, the importance of reputation, public interest and freedom of speech which is often undermined by defamation is self-evident. China is now in the process of building a democratic country under the rule of law. Defamation law is an inevitable part of the legal construction of rule by law. While judicial practice of defamation lawsuit is exploring an increasing number of issues, libel law construction is one of the vital link. The UK as the country where defamation law was formed much more earlier than in China is similar to China in sticking to traditions. Moreover, the British libellaw research has been profound and meticulous. Therefore, this study attempts to research on English libel law by elaborating on its exquisite regulation modes and by analyzing the theory behind the existing legal regulations and its solutions to issues involving defamation.Then it relates the present libel laws system in England to the present situations so as to offer suggestions for defamation law construction in the Chinese legal system.Firstly, paper deals mainly with the libel cases in the past decade or so in England to clarify definitions, meanings and connotations in relation to defamation lawsuit. It extracts from many defamation cases various principles regarding the abstract rational recognition of accused speech meanings doubted as slander, libel and defamation. The purpose is to provide reference for three issues Firstly, under what context can speech be considered as a legal significance of libel. Secondly, for the meaning of a diversity of expressions, under what circumstances can the hidden meaning of the accused speech of defamation can be interpreted as defamation. Thirdly, for publications accused of defamation, how can the interpretation about the accused speech of defamation is considered reasonable.Secondly, the thesis mainly analyzes the theories behind English Laws on defamation in terms of tolerance and restrictions with different values. In the law of libel tolerance levels, in addition to the value of freedom of speech, the balance between social power and state power should be taken into consideration when law is resorted to punish defamation,. This is because the supervision of citizens by public opinion and by news media is not only a political right, but also an important social power due to its powerful influence. On the other hand, human rights to freedom of speech stipulates a deadline, and libel as a violation of the line threatens the right of reputation and law of defamation is a guarantee of reputation. Thus, freedom of speech and the right of reputation embodies the value of libel regulations.Thirdly, the thesis focuses on the legal regulations of specific system. First, an analysis of libel law texts is made about the British libel regulation effect including UK's "bill of rights" and "law of defamation" in recent trends, and an analysis is also made about the conflict between the UK "bill of rights" and EU Charter of human rights" It points out that in this framework on the freedom of speech, restrictions on freedom of speech should have a legitimate line; at the same time, it clarifies and analyzes the "defamation law" under the new background. Secondly, regarding the action for defamation defenses, the balance between the British libel law and free speech with respect to the honorary legal technology are introduced and explained. Finally, libel special imputation principles under the network era is introduced in detail.Fourthly, thesis explores what is called as "libel tourism" phenomenon related to the British libel suit and the special jurisdiction which has a global influence. It points out that in the contemporary with global network growing, a country's libel regulation may cause the effects of globalization. The tilt protection of reputation and open principles of jurisdiction in the UK in libel proceedings presents their own characteristics. In the last, the thesis and points out that our country in the defamation law regulation should adopt and the system innovations which should be adopted too with the British libel law enlightenment.