A Study On The Application Of The Defense Of Fair Comment

Two decades ago, the notion of "defense against news tort" was unfamiliar with most of the people. After20years of hard work by numerous experts and scholars of law and journalism, many achievements have been made in the field which used to be blank. On the one hand, theoretical achievements promote the progress of judicial practice; while on the other hand, judicial practice motivated the advance of theoretical work. There are many defenses against news tort. Professor Yang Li Xin from Renmin University of China came up with a list of22defenses based on laws, regulations and academic studies. Among all the defenses, the defense of fair comment is one with high recognition in judicial practice and that media often use.This essay, with references to the studies of senior scholars and statistical analysis of relevant cases, emphasizes on the practicability of the defense of fair comment’s introduction to China and its regulatory and practical plight. After a crossover study on journalism and law and a comparative study on internal and overseas rules, the author suggests that, compared to the reference to the Constitution or the enactment of a new law, the best way to apply the defense of fair comment to China be to seek legal basis for the defense of fair comment from current judicial interpretations and complement it with abundant cases. In this way, and with gradual adjustment, the introduction of the defense of fair comment into China will not be far.The author hopes this essay will help advancing the introduction and application of the defense of fair comment to China and contribute to the improvement of China’s protection of personal right.