On The Infringement Of Personality Right In Microblogging

With the surging of micro-blog, the micro-blog tort of personality rights frequently appears. Parts of the micro-blog users infringe others’personality rights, such as repute right, right of privacy, right of name and so on, which draws the public’ attention。This paper will focus on the features and causes analysis of micro-blog tort of personality rights, combined with some theories of communication and law and some examples, to study the present status and types of such infringement. In addition, the paper makes a comparative analysis between news infringement, internet infringement and micro-blog infringement to define the micro-blog infringement of personality rights and find its constituent elements. In the premise of analyzing and summarizing the regulatory status quo at home and abroad, this dissertation makes a positive response to this problem.This paper believes that the sustained and uncertain harm of micro-blog tort can be attributed to the innate features of Communication, including more obviously targeted essays, more extensive and less identifiable subjects, timely and numb tort acts. Moreover, this paper holds that the reason of micro-blog tort of moral rights can be divided into low level of media literacy of people, lack of "gatekeeper", interpretation out of context, incomplete related cyber regulations, lack of micro-blog marketers and themode of transmission of micro-blog.In the end, this paper also tries to put forward several corresponding solutions to this problem with view to reducing and eliminating the micro-blog tort of personality rights. Those solutions include improving people’s level of media literacy and related cyber regulations, promoting management level of service providers, strengthening the supervision and guidance to the micro blogging opinion leaders and making full use of the self-purified function.