Civil Liability On T He Violation Of Reputation By Media

News tort is to utilize the news media to cause the behavior violate the citizen or the legal person happening in the course of news activity. Different from general civil tort, it is shown as the personality right of violating the citizen or the legal person mainly in actual life. Object that the news infringes is mainly reputation right in the judicial practice. Civil liability on the violation of reputation by media is a kind of civil liability, the behavior of the news encroaches on reputation right is prerequisite. It is the legal consequence that should be born because news media or individual violate this legal obligation of not encroaching on reputation right of the citizen or the legal person. This kind of civil liability bears the way including no property and property. The news should abide by the responsibility principle of the fault while encroaching on reputation right, which regards intriguer's subjective fault of the news as and form the essential condition of civil liability. According to the responsibility principle, four important documents form the civil liability on the violation of reputation by media——illegal activities, damaging fact, causality and subjective fault. The illegal activities of the violation of reputation by media should be and not as forming in the conduct, if the media didn't examine authenticity of manuscript, or newspapers and periodicals published infringing article, it hadn't fulfilled obligation to conduct that correct, these two illegal activities are both not behavior. The breaking the law content embodies the behavior belittles specific people's honorary nature in the news works. The news harm including spirit of violation of reputation and damaged with the material, damaging fact should not regard the feeling of the victim as the standard, and it should be the judging basis that if the victim's reputation damaged is caused by the actor's behavior. To the causality of the violation of reputation by media, we should consider the difference of main reason and secondary reason, immediate cause and remote cause emphatically. The fault in civil liability composition of the violation of reputation by media includes the fault on purpose and fault. To different infringers, it has different asserting to its standard of forming fault. The unprofessional personnel of news should do the general attention obligation while writing the manuscript and throwing to the media issuing, guaranteeing not to encroach on others' honorary right in its works; The activity of dissemination of news that media or the person engaging in newspapering is a job behavior with stronger professional lines. Its obligation demand should be put forward according to the usually due attention standard of trade of dissemination of news, not put forward the demand for it only according to the general attention obligation. The liability on the violation of reputation by media can be divided into two kinds: no property responsibility way and compensation for damage of property. To news encroach on reputation right, its damage consequences show as social reputation assessment of victim belittled and reduced mainly and directly. Make damage resume into the state before reputation right be damaged, it can't be realized depending on investigating the infringer's property responsibility only. So, to prevent property loss, spirit damage not to expand or take place, remedy spiritual agony victim suffer, etc, it has special important meaning further that the unadoption property responsibility in the form. There are three kinds of no property in the waythat is suitable in the news encroaching on reputation: stop encroaching on, rehabilitating reputation and dispelling influence, making an apology. Considering some particularity of the news encroaches on the reputation right, before issuing to the outside after newspaper, magazine, etc. printed and finished, if the victim found the contents encroaching on his reputation in the media, he had the right to stop encroaching on. Under normal conditions, the range dispelling influence and rehabilitating reputation must be equal to the range of the dissemination of news. It's all right that news agency dispel influence and rehabilitate reputation only in the range of newspapers and magazines, broadcast and television traveled, but the contents of the news manuscript used to dispel influence and rehabilitating reputation must be examined through the people's court in advance. Equally, the news agency must make an apology publicly in the same way, within the range of the same influence with same media which infringing. The violation of reputation by media may cause the victim direct property loss and indirect property loss. Direct property loss includes two respects: First, after news tort cause victim reputation right damage, necessary expenses paid to rehabilitate reputation and lighten damage; Second, after the news encroaches on the reputation right leads to the fact that victims to be unhealthy, the essential expenses paid to got well. Indirect property loss is that to infringe the reputation of right can hinder civil subject from making the property interests that should be made according to one's own reputation, credit personality factor often to refer to. The spirit that the news encroaching on reputation right causes to citizen is mainly the damages to the citizen's psychology, and there must be a satisfiedsubstantive important document for the victim wants to win compensation for spiritual damages--The spirit suffered is damaged enough seriously, namely infringe only in a situation that the report is "unfounded seriously ". Origin of an incident that contradict the civil liability of news encroaches on the right of the reputation mean the news of the media has moved about and caused the harm to others' reputation, but the defendant can prove the plaintiff's claims untenable or not totally establish, this behavior does not form fact and reason of the tort in accordance with the law. Origin of an incident contradict mainly include verifying right use up, public right of being in know, the public's interests need, correct, reply, authenticity, information that victim offer or agree information that release, balance report, authoritative news source, good will and just criticism and comment, etc.. In recent years, "actual malice" principle reflects to some extent in practice of trying of the administration of justice of our country, which a lot of scholar mention as one of origin of an incident contradict of civil liability on the violation of reputation by media. This principle means the case to the violation of reputation by media that "public figures" sued, confine the establishment of the tort to range on purpose on the substantive law, transfer the burden of proof of the fact of the news to the plaintiff respect on the procedure law. I think, there must be certain limit in the treating with a certain discrimination of reputation right to "public figures". In the future Chinese press law, to the question which relevant "public figures" and the public paying close attention to, media should undertake the burden of proof of the authenticity as the defendant. In the encroaching on the...