The Personality Right Infringement Research Under The Network Environment

The development of computer and Internet technology has profoundly changed the way of life of human society, and has brought great convenience to people’s daily life and their access to information.Network environment,especially with the application and development of Internet technology, makes the moral rights infringement present new features. This is reflected in:the moral rights under the network environment has some characteristics different from that in the real life.For example,moral rights infringement occurs more often in network environment, and also has more serious consequences. Storaging, processing, dissemination information in Internet is much easier via the Internet.Once the violation occurrs, the damage may involve in a wide range of geographical area, and across geographical boundaries in real life.Besides, the information on the Internet may be stored by other regional searching engines and downloaded by other internet users for so many times, which triggers concerns and comments of thousands of Internet users, that the result of damage will go through a long time span and is often difficult to eliminate in a timely manner. Therefore, the moral rights protection under the network environment is necessary.The main points and the difficulty lies in the moral rights infringement identified in the Internet environment.This paper starts with the basic concepts and basic theory of moral rights infringement. based on the moral rights infringement protection in China, and by analysing the actual typical cases or events to conclude how to identify the moral rights infringement, not from the existing legislative point of view, but from the point of view to solve the problems in practice, not only to focus on protecting moral rights, but also to get a balance between the protection of moral rights and other rights.Specifically, the structure of this paper is mainly divided into the following three parts:The first part is about the basic concepts and basic theory of moral rights infringement in the network environment. The part gives some introduction of personality and moral rights, the concept and characteristics of network infringement, the elements of moral rights infringement under the network environment, moral rights infringement defenses.The second part is about status quo of the protection of moral rights infringement in China. Based on laws and provisions provide the general moral rights, right to name, right to reputation,right to portrait,right to privacy,from the perspective of before and after the promulgation of China’s Tort Liability Act on moral rights infringement conservation of our network environment.The third part is about the moral rights infringement identified research in network environment. Specifically,there are four parts in this section. They are infringement of the right to name in the Internet, infringement of the right to reputation in the Internet, infringement of the right to portrait in the Internet,infringement of the right to privacy in the Internet.Each section relates specifically to the concept, features, power and other basic concepts and theory overview, violations manifestations, with the typical cases or events to analyze how to identify moral rights infringement in network environment.This part focuses on analysis of the virtual subject and the real subject involved in the infringement of moral rights in the network environment, the impact of freedom of fair quotation and fair comments on the protection of the right to reputation,how to apply notice-take down procedure and red flag test on Internet Service Provider.and how to deal with the conflicts between right ti know and right to privacy.