The Difference Protection Between The Right Of Public Figure Reputation

Reputation is an important personality right, for the average person’s reputation, it should be fully protected, but for public figures, reputation weakened protection became the various countries’ common practices in the judicial practice. For public figures reputation reduced protection mechanism, and structure based on different theories, different scholars put forward reasonable said in the public interest, public interest, equal rights and obligations, benefits balance said theory point of view, although these views from a different perspective for the rationality of the weakening public figures reputation protection, a little bit TuoDangXing, but also the existence of the inevitable theoretical defects. On the premise of review to the existing theories, based on the particularity of public figures, the main body, combined with the consumers and producers, both employees and employers, the relationship of similarity, put forward the public character and private character to distinguish the history of the possibility and inevitability, considering the reputation of reputation object particularity, from the perspective of subject and object to explore the legitimacy of public figures reputation difference protection. Public figures reputation difference protection logic starting point is the identity of the particularity of public figures, weaken the protection limits should follow the rules to the legitimate exercise of freedom of speech, public figures reputation difference protection model, considering the reputation of the openness and the maturity of the development of the public figures, should be advisable to judicial protection mode, the public figures in the protection of reputation difference, the actual malice principle should apply the vast space. Public figures reputation weakening of protection is not absolute, after the death of a public figure disappear because of its particularity, the interests of the public figures reputation protection with illicit sex don’t differentiate between characters, to protect the reputation of public figures interests should not necessary; For a large number of minor public figures, its due to the lack of capacity for civil conduct, reputation protection should not be weakened, even should give special protection, in order to avoid the minors’ right to public figures.