On The Balance Protection Of Network Freedom Of Speech And Personality

The personality rights of citizens, as an important part of human rights, is a basic rightof a natural person’s survival and development. We people are born with free speech whichcannot be arbitrarily deprived. With the development of technology, the internet and thecomputers come into millions of households in recent years. Freedom of speech on theinternet has been an important part of free speech already. However, there has been a seriesof phenomenon of free online speech against personality rights of citizens. The typicalmanifestation is the ’Cyber-manhunt’. How to regulate the ’Cyber-manhunt’ by law andbalance the protection of the personality rights of citizens and the freedom of speech online,becomes a legal issue to be solved.Researching how to balance the protection of the personality rights of citizens and thefreedom of speech online has important theoretical and practical significance. Playing anactive role of the online speech on reasonable restrictions and protecting the personalityrights of citizens, such as privacy, reputation and portrait, are necessary requirement offairness and justice. The paper intends to use the methods of licking theory with practice,comparative studies and comprehensive research，analysis the significance of balance theprotection of the personality rights of citizens and the freedom of speech, analysis thedamages by adverse online speech to the personality rights of citizens, especially by the’Cyber-manhunt’. Combine with the foreign experience and domestic condition, analysisthe inadequate of the protection of the personality rights of citizens and the freedom ofspeech online, in order to find the way to balance the protection of the two rights.