Research On Reputation Infringement In Cyberspace

Reputation right is an important personality right of the subject in civil law. In the real world the legal system of reputation right protection is comparatively sound and people have a stronger consciousness of protection. Following the radio, television, newspapers,appeared the fourth largest media that was so-called Internet. In such speech freedom world, there is controversy that whether the netizen, especially the virtual subject, has the reputation right or not. As a special way of reputation infringement, the reputation infringement in cyberspace has its own traits. Because of the lag in Legislation on Internet, only use the available means to protect the reputation in cyberspace is not enough. Therefore, through the analysis by researching foreign legislation, is easy to further understand and effectively control such new reputation infringement in cyberspace. This thesis discusses the reputation infringement in cyberspace by four parts, so that was very significance in researching the theory of reputation right in cyberspace and setting up the protection system for it:Partâ… briefly discusses the basic theories of reputation right. And it analysis's the conception of reputation right and the reputation infringement in cyberspace. It also describes the reputation of the virtual subject, characteristics of reputation infringement in cyberspace, and its major infringement ways one by one. Reputation right in cyberspace means the person on the Internet environment has his own right to maintain and preserve his reputation right by the regulations. In fact, it is equal to the mass reputation right. Only the subject, object and context have very special characteristics on the Internet. Such special characteristics also decide the ways of reputation infringement in cyberspace are simple and quick, and the consequences could be serious comparing with the other mass transmitting media in the reality of society.Partâ…¡mainly explores mangy parts of the consequences of the legal issues and the cognizance for the reputation rights in cyberspace, which includes the tort liability subject, structure of cognizance, plea, tort liability, as well as damage relief according to the special characteristics of reputation infringement in cyberspace. First of all, clarify the tort liability subject, according to the way of disseminating information on Internet; the infringement speech involved three tort subjects: the initial libel authors, libel disseminators and ISP. According to the definition of these tort subjects, clarify their function in the reputation infringement in cyberspace. Secondly, according to the difference of cognizance and plea of the civil responsibility of reputation infringement in cyberspace between reputation infringement in cyberspace and the mass one, gives a very distinctive description. There is a quite clear definite the tort subject's liability in the reputation infringement in cyberspace. Finally, the cognizance and plea of the civil responsibility of reputation infringement in cyberspace are separately described, especially for the ISP's liability, according to the regulation of mass cognizance. This is because as the information carriers, ISP's legal status is still a mass media. But also because of the specificity of the Internet as the fourth different media, it is different from the newspaper, radio and mass media broadcasting. The biggest difference lies in: Netizen express the freedom speech through BBS, chat rooms, personal home page or Blog without having to go through ISP pre-editorial review; and any language, pictures are should be edited after the review by the mass media. Therefore, the mass media have absolute editorial control for their words, photographs, and other published materials, whereas ISP only has weak control on the Internet published, pictures and so on. It is necessary to the ISP proper duty, because ISP could be tread as the strong one in the victims'opinion, but if give too much harsh to ISP, would affect the Internet development and dissemination. So, it is necessary and rational to put reasonable care liability to ISP, when it as the third-party tort subject. ISP should take a supplement liability when it makes the damage consequence by its nonfeasance, and it also has right to repay the Compensation beyond its liability. When considering the reputation right relief in cyberspace, it should use the low-cost way of quick one according to the Internet its own character. It should be both effective and cost-effective approach to publish an apology or a statement in response to the legitimate right to self-relief methods.Partâ…¢and Partâ…£are the key parts of the thesis. Partâ…¢use the comparative method to analysis the protection of the reputation right in cyberspace of the major countries and regions in the world. Through analysis and ticking of the mode of protection reputation right in cyberspace, find the difference policy value in it from kinds of Countries. Mainly summarize two kinds of tendency to protect the reputation in cyberspace: legal regulation and industry self-regulation. Such two different policy directions indicate that the different countries have different attitude toward the personal and the industry benefits. Western developed countries have well-developed market economy and market mechanisms tend to run sophisticated, so they adopt more market regulation and industry self-regulation to monitor the Internet. But for some less developed countries as Asia, the market economy still in the preliminary development stage, social stability also lack of effective measures and safeguards in the transition period of society, so the Government pay more attention to public interests and the protection the personality right by frame various types of rigid measures to safeguard the order of Internet operation. In addition to the practices of managing the public voice by many kinds of countries, summed up that there is existence the common opinion in managing the public voice on the Internet, which means they all positively use the legal regulation, industry self-regulation and multi-Internet technology means to manage the public voice based on mass media mode.Partâ…£is mainly focus on our regulation system design issues for reputation right protection in cyberspace. Based on the summary of reputation right protection in cyberspace by now, make out that our country's regulation for reputation right mechanism is relatively complete, and in the industry self-regulation has also obtained some effectiveness, but the traditional legal protection has its own disadvantages, For example, the procedural law lack of "electronic evidence" requirement. Otherwise, the regulations preventive effect is powerless on the Internet. The regulations can not put the similar scrutiny obligation to ISP like other mass media. Finally, this thesis allocates the mode of "three-dimensional" to protect the reputation right in cyberspace. And at the same time, strengthen industry self-regulation, Internet technical support, industry self-monitoring and other forms, which aim to seek a reasonable balance between freedom of speech and reputation right in cyberspace.