Law Of Defamation

Defamation is harming the reputation of person. But in some conditions, defamation involve freedom of speech , it not only has some space, but also involve freedom of speech and right of reputation. How to make perfect balance of two kinds of right is core of defamation act.This dissertation is concern about following issue:First, the definition of defamation. Defamation come from protect personal freedom of speech. Growing with the history, defamation makes serial changes and come to present meaning. Defamation is faulty publish false and defamatory statement concerning another; harm the reputation of another as to lower him in the estimation of community.Second, freedom of speech and protection of right of reputation. Freedom of speech and protection of right of reputation are two kinds of base right of human right. They are protected by international treaty, constitution, civil law, criminal law and administrative law. But they are also limited right and they are limited each other. Law of defamation is aim to balance this two right. Dichotomy is a best way to resolve this problem.Third, elements of defamation. Defamation has some elements: false and defamatory statement, publication, fault, identification, lower estimation of community and harm the reputation. Compared with elements of American defamation and study some cases, we focus on publication and reputation damage. Combined with internet publication, we study how ISP has a liability in internet publication. Otherwise, we study reputation injury relation with emotional distress and pecuniary injury. Reputation injury is base and requirement for others. Our research has some shortage on it.Fourth, defenses. Defenses are not subject to liability for defamation. We analyze some defenses and point out our laws have some defects, they did not classify the defenses. Compared with American defamation, I conclude some defenses: consent, true statement, absolutely privileges and conditional privileges. I analyze conditional privileges, from its theory to function, we know this privileges aim to protect freedom of speech, public interests, but they require some conditions.Fifth, remedies. I analyze damages and correction and classification, fair comment and fair damages. Compared with American defamation, Swiss civil law and civil law of Chinese Taiwan area and civil law of Ethiopia. I think our damages system have some defects, we must create system of reputation damages because it is damage by defamation and base for others damages. Draw lesson from other nations, we need to create systems of correction and classification, fair comment and fair damages.Sixth, create law of defamation. All over the world countries are concerning defamation, and how to deal with the litigations of defamation are big problems. Some countries are innovation, and they make some measures to deal with defamation issues. The most famous is UCCDA. It prefers remedy reputation to damages timely and adequately. It is way for us to resolve defamation.In the last, I create draft of law of defamation.