Research On Microblog Reputation And Its Legal Protection

In essence，there is no difference between the right of reputation on microblog and the right of reputation in the real world. However，the anonymity、convenience、efficiency、sharing and autonomy of microblog makes the application of traditional defamation laws and regulations to the microblog suffer the following difficulties：the hardness of linking the virtual user names with the reality subjects、the inoperability of the elements to determine responsibility、the vacancy of defenses and the ambiguity of legal remedies. In microblog space，how to identify certain behavior be the violation of the right of reputation？How to protect the right of reputation on microblog？How to balance the conflicts between the right of reputation on microblog and the freedom of speech of the publics？However，the existing legislation and theory can not make a clear answer to the above‐mentioned problems, causing the vacancy of the application of law. Therefore, this article attempts to do some research on the proposition of how to protect the right of reputation on microblog.The first chapter aims to analysis the fundamental problems about microblog reputation. This chapter will mainly introduces the concept and characteristics of microblog、 the characteristics of microblog reputation and features of microblog defamation. The second chapter try to in a deep degree to analysis the dilemma of the application of existing legislation and theory to the microblog space by an empirical analysis of the specific cases in real‐life. The third chapter analysis the constituent elements of microblog reputation infringement、the defenses and legal remedies of microblog reputation right in detail by referring to the relevant theory and legislation from common law. The last chapter attempts to demonstrate the legitimacy of microblog real‐name system from the perspective of the significant role that microblog real‐name system in protecting the right of microblog reputation.