On Protection Measures Of Personality Rights Under We Media Environment

With the continuous development of network technology, people’s lives are more closely linked with virtual online world. Since the American scholar Dan · Gillmor first came up with the concept of we media in his article "we media:Grassroots Journalism by the People, for the People" in 2003, we media platforms like Face book, RenRen blog, Micro blog and We chat have been developing at a astonishing speed, which pushes the use of internet to the summit. While we media brings a great convenience on information exchange, it also accompanied with a series of problems. Because the huge difference between we media platform and the traditional media on the dissemination of information, It’s much easier to be an information re leaser on we media platform. Compared with the traditional one, there is no strict procedure to estimate and examine the information release process, by simply register on the platform, everyone can send and broadcast their own message to the whole world, but the truth of information can not be guaranteed. Thus due to the differences on the personal quality, moral standard and understanding of law of we media users, their actions on the platform is unpredictable that some harmful and illegal information may get a chance to spread. These unreal and misleading information has seriously damaged the public order in network and citizens’legitimate rights. The most frequent damage behavior is Personality Infringement such as defamation, insult and Privacy Infringement. However, the protection measures provided by current law can not fully protect personality right under we media environment, so the article will discuss and study the issue from aspects as the definition of we media, specific structure of personality infringement on we media, current legal protection of Personality rights on we media and its shortage, protection measures established by typical countries and its revelation and finally make recommendations of how to improve the protection measures of personality rights under we media environment.Thesis is individed into five parts as followed.First part:definition of we media including how the concept of we media emerged and developed, its difference with traditional media and the characteristics of its information spread. The definition of we media is a method which is enhanced by digital technology and connected to the global knowledge system and used by general public to find and share their own facts and news. we media is different from traditional media on information produce and spread, and its characteristics on information spread are diversity of information source, timeliness, reticular spread and the big influence of opinion leaders.Second part:specific structure of Personality Infringement under we media environment including the behavior of tort, subjective fault, The facts of damage and causality. Behavior of tort is an illegal action actively or negatively conducted by someone and cause damage to others’rights. For different subjects, the subjective fault could be intentional or inadvertent. The facts of damage contains property damage and non-property damage, and specific objects which are usually damaged are people’s name, reputation, image, privacy. The causality refers to if certain action increase the possibility of occurrence of damage, the action and damage result have causality.Third part:current legal protection of Personality rights under we media environment and its shortage. This part mainly introduce the current legal protection of personality rights on we media from civil, criminal, administrative aspects, and combined with case Fang zhouzi v. Wang mudi on reputation Infringement to analyze and summarize shortage of current legal protection measures are its low legislation level and management confusion, and it is difficult to directly use these regulations as judgment basis on court because its not operable, and the classification of subject of tort is not clear and assignment of responsibility among different subjects is unreasonable, and legislative language is lack of pertinence which fail to highlight the special nature of we media.The fourth part:study on protection measures established by typical countries and its revelation. This part is a study on protection measures related to personality rights under we media environment established by typical countries like America, Germany, South Korea, and the revelation of that it is important to clarify the responsibility of we media platform operator, and self-discipline of we media is helpful to personality rights protection under we media environment, and network real name system is the key to prevent and punish the personality rights infringement under we media environment.Fifth part:recommendations of how to improve the protection measures of personality rights under we media environment. First, improve and perfect the legislation system of personality rights protection, the specific measures are raise the legislation level and improve the current system, clarify the subject of tort and its assignment of responsibility, turn the joint liability to liability by shares, clarify the duty of we media platform operator to preserve information, and establish the principle of jurisdiction which suit we media environment.