On Tort Of Press Reputation

The phenomenon of infringement of right of reputation in new reports is very universal in judicial practices. Since our country hasn't legislated for the specific press law, and lacks of the provisions on the boundaries between new reports and protection of right of reputation, while the provisions of the current laws and judicial interpretations on infringement of right of reputation in press reports are too simple, which therefore brings certain difficulty to deal with this kind of disputes in practice. The infringement of right of reputation in press reports involves the conflict between public interests and private interests, and the conflict between supervision of public opinion and protection of right of private reputation. The protection of right of reputation in press report tries to balance the two kinds of interests, and on the basis of safeguard of freedom of public opinions tries to emphasize to safeguard individual interests. As a special kind of act of tort, the essential doctrine of liability fixation of press tort shall be doctrine of liability for wrongs. The constitution of liability includes five elements, the illegal act of infringement of right of fame in press report, facts of damage, and the causal relationship between facts of damage and illegal act, subjective faults of infringer and the specific direction of infringing works. The causes in fact for plead against tort liability include four aspects, they are, the basically true contents, authoritative source of information, fair and just commentaries, the agreement of sufferer.By the regulation to the infringement of right of repubtation,we can coordinate the conficts between the right of freedom of information and the right of reputation.