Research Of Actual Malice Principle

Because our current law is difficult to achieve a balance between the mediafreedom of expression and public figures’ right of reputation, resulting in overlyrestrictive media phenomenon, according to the US apply the actual malice principleto achieve practical effect, in the appeal to many scholars, our judicial practiceintroduced actual malice principle. But there are many different aspects of culturaltraditions, theoretical foundation, basic national conditions and social attitudesbetween China and the United States, leading to the principle appeared problems inour judicial application, and also reflected the various contradictions, such as vaguelegal terms and concepts, contradictory rules and practice of liability principle, andsoill-defined scope of application. Therefore, according to the matters of actualmalice principle, there had been opposing viewpoints in the theory and practice ofcommunity, some scholars had proposed the actual malice principle is not suitablefor applying in our country, they thought that one of the cultural connotation andworldview not match with our traditional concept, the principle would conflict withexisting laws and regulations in China.Although some scholars put forward opposing views, I still believe that theintroduction of actual malice principle is necessary. This paper summarizes thedevelopment track of actual malice principle, clarifying opposition of principle,summing up the theoretical basis of paradox and taking this into criticism, from thefoundation of traditional culture to the law at this stage, from the value of theoreticalto the real meaning, sorting out the vague question of actual malice principle. Theauthor used the logic reasoning and case analysis, combining with the presentsituation of judicial, obtaining the essence of actual malice principle is rigorousconstitutive requirements when media confront public figures’ right of reputation,the contraction of constitutive requirements is to encourage media report actively, toprotect media who supervises the behavior of public figures, ultimately achieving thepurpose of maximizing social benefits. The purpose of actual malice principle is supervision power from article41in Constitution, media is the way to achievecitizen supervision, there are contradictories between the media freedom ofexpression and public figures’ right of reputation, taking it as the conflict of publicauthority and private rights, the necessary requirement and means to achievemaximum benefits. It is not the conflict between private rights.The author’s purpose is to make actual malice principle in line with our existinglaws and regulations, suiting for our judicial practice, better integration with thetheory of law and judicial practice. I hope through analysising of the actual maliceprinciple development track and solving existing problems, satisfied supervisionpower and right to information of citizens, balancing the authenticity and timelinessof news requirements. I also hope to contribute to establish the actual maliceprinciple formally in future of the Civil Code.