Defamation Under The Network Environment Of The Main Research

Network environment is a virtual world, people in this virtual space, and more fully enjoy the freedom of users can be more extensive. In the network society, many people tend to believe that the network is a very free and can be for free from the law, can be reproved mouth opening, and even attacks on others, verbal abuse, slander, defamation or insult, so a big mistake on special wrong. This is contributing to the network filling evil wind distortion, but also the order of destruction of the network. For there is no area of the rules is not, but because the Internet world is an extension of the real world, activities in the cyber world of the Internet is the real reality, so the network environment in violation of the right to the reputation of others should be duly punished . May be under the network environment for defamation on the subject of research remain to be improved, this article is the issue of the rough, hoping to contribute.In this paper, first of all, an analysis of a network environment of the main types of defamation. I think that the reputation of infringement under the network environment is probably the main body is divided into four types: 1. Infringing content initiator 2. The dissemination of infringing content users 3. Internet content provider 4. Network service provider. Traditional compared to defamation cases, the network environment the main responsibility for defamation to be more complex. Academics now no conclusion has been drawn. But I think that is the infringement of their fundamental or whether the main use of the network media against the reputation of others, so that hurt others. In determining infringement to determine the main way I combine the characteristics of the network. First, the network is a huge carrier, through the Internet information service providers tortfeasors inquiries to determine the online records. This is necessary to improve network management and provider of storage capacity, improve their technical content. Second, through the Internet access service providers to investigate the identity of Internet users in the registration data to determine the tortfeasors. This is the view that there is only one computer for each physical ip, if there are violations can be used to find the way, it is easy to be able to find. Of course, this needs to be done previous defense of the place. Third, it is necessary to identify the like, can not be blind to determine the main infringement. Fourth, victims have the right to protect their own interests, and notify the site to remove infringing content, such as this should not be deleted on the violations of people can be identified as infringers, to deal with common compensation.Chapter II of this article is that the network environment for defamation under the law the main elements of the induction. In my opinion, constitute violations of the main elements of the analysis is mainly from four aspects. First, there are violations of the right to conduct the reputation of others, which is the same as the traditional defamation, but also behavioral differences between the two. An insult to the network environment has its own characteristics: First of all, the Internet's remarks an insult to the general violence can not constitute a verbal language and body language, or insulting, it will be difficult to meet the elements of slander, unless in exceptional circumstances occur, such as voice chat in the network room. Secondly, from the look of expression. In addition, different in form also belong. Therefore, to measure whether the right to have the reputation of a very important standard is whether the reputation of the victim derogatory or social evaluation of the lower, so not all of the above acts constitute defamation networks, such as the perpetrator only to his wife or friend send insulting and slandering other people's e-mail the content of the speech without further wider dissemination of firms that do not have a "openness" does not constitute abuse of defamation. Conversely, if the behavior taking the form of bulk mail to publish or disseminate harmful to the reputation of others acts may constitute defamation. Secondly, the act resulted in damage to the reputation of the fact that the right to undermine the fact that as a factor in determining responsibility is to constitute a prerequisite for infringement. Thus, the composition of the network defamation must also exist for the elements of damage. I think that, as long as the infringer's acts caused the victim to reduce the social evaluation of the derogatory or the reputation of not only sufficient, whether the victim suffered mental harm or suffering heart and whether there is loss of property does not constitute a defamation of the network will Preparation of the Elements. In other words, as long as the occurrence of the harm behavior, at the same time caused the public to reduce the evaluation of the victim can be the result of the existence of that damage. Infringer can not be the spirit of the victim did not have pain or loss of property does not refuse the responsibility. Third, tort and damage to the existence of a causal relationship between the facts. I think that, in spite of the intermediary service provider network as users have some control (such as Internet users in the use of intermediary services provided by the ISP or network services space for landing when they first registered to the service provider to provide certain personal information) , but this does not mean that victims are not parties to the judicial authorities to provide relevant information, or constitutes defamation. Network service providers to measure the existence of an intermediary infringement, the main should be judged on its non-preservation of information required by law to provide information with the victim or the reputation of the occurrence of derogatory or between the expansion of the scope of any direct relevance. If there is no relevance, can only be held responsible for the management of law and not merely because it did not keep or provide information on the identified defamation. Otherwise, the network will be too much heavier burden on the intermediary service providers, network operation and development. Finally, the existence of the infringer subjective fault.Chapter II of this article is that the network environment for defamation under the law the main elements of the induction. In my opinion, constitute violations of the main elements of the analysis is mainly from four aspects. First, there are violations of the right to conduct the reputation of others, which is the same as the traditional defamation, but also behavioral differences between the two. An insult to the network environment has its own characteristics: First of all, the Internet's remarks an insult to the general violence can not constitute a verbal language and body language, or insulting, it will be difficult to meet the elements of slander, unless in exceptional circumstances occur, such as voice chat in the network room. Secondly, from the look of expression. In addition, different in form also belong. Therefore, to measure whether the right to have the reputation of a very important standard is whether the reputation of the victim derogatory or social evaluation of the lower, so not all of the above acts constitute defamation networks, such as the perpetrator only to his wife or friend send insulting and slandering other people's e-mail the content of the speech without further wider dissemination of firms that do not have a "openness" does not constitute abuse of defamation. Conversely, if the act of mining in the third chapter on the network environment of civil liability for defamation main. Network on Civil Liability for defamation is the main major violations, and Internet information service providers, infringement of the disseminator of information, these three have the main responsibility to ensure that users have legitimate access, the obligation of a civilized Internet. In addition, knowledge of a reputation against the illegal dissemination of information to its malicious Internet users should also be one of the main Department of tort liability. Judicial practice, a victim can be held responsible for the main body can also hold the main responsibility of a few.Chapter IV are working on the network environment is the subject of defamation under the law the way the issue of responsibility. Network environment of defamation liability, in law means is that people should bear tort liability. On the one hand can make the victim the right to be against the state to restore, soothe the soul, and compensation for its loss; on the other hand, can effectively correct the infringer's misconduct, it must be punished. All in all, the network environment to assume responsibility for defamation, including mainly, that is, rehabilitation, and stop abuse, the elimination of the impact and an apology, compensation for damages. Assume these responsibilities in all defamation cases are applicable, but the reputation of infringement under the network environment in a certain degree of particularity.As a new social phenomenon, the network environment has the reputation of infringement with the general subject the main common areas of violations, but there are some differences. By their very nature, it is the main traditional defamation under the network environment in a natural extension: Network defamation is the main medium through the network against the implementation of the right to conduct the reputation of others, thus infringing the legal system of the general principles of defamation in the field of network still the value of its application.