Reseach Of Tort Liability On Internet Defamation

Compared with the traditional defamation,defamation on internet is undoubtedly more harmful, and the range of spread on the Internet is more extensive. So, at present, the issue of defamation on the internet has captured all kinds of peoples' attentionAlthough “the defamation on the Internet” is not a new word, it has a certain particularity. At present, the problem is that China has a relatively blank in the legislation of Tort liability of defamation on the internet,The research appears layer upon layer without end in academia, but there is no unified opinion and view.First of all, we must identify defamation on the internet,and identify its connotation and extension clearly:1 ? what is the meaning of the defamation,what is difference and consistent between the traditional defamation with defamation on the internet? How to identify the tort liability on the internet ? The author gives the conclusion that in nature defamation on internet is also a kind of defamation, and it does not change the property of "making facts up". But at the same time, it also has some new features. This kind of network space includes a public network space, but also includes relatively private network space for particular persons, such as the circle of friends on wechat. And the victims can prove that the speech of alleged defamation hurts their personal rights,it constitutes tort liability on the internet.We can search by the key word ”defamation on the internet” on hownet. The result of searching is that comparing with the criminal laws to regulate, the study of tort liability of defamation on internet is very rare. The cases of defamation on internet are also “serious circumstances” can causes people's attention.At last, the behaviors are regulated by criminal laws, too. The cases on civil matters are rare, it can be found that most of them are about stars and public figures. Because cases of civil tort are not drawn attention, so the writer think it is important to research defamation on internet in the level of civil tort.According to the author's research on the legal regulation of extraterritorial defamation, we can find liability exemption of tort, relief means, the management of ISP network service providers which we can learn from, especially in the British legal system. At present, there are many problems such as the unscientificity of the right relief system, the imperfect responsibility system, the eficiency of means of network monitoring and so on. In the future, we can learn from the advanced experience of the United Kingdom, and constantly improve and perfect the legislation, and design our country's right relief system legitimately, legal liability system and the Internet regulatory system, in the protection of the freedom of network expression, to achieve the effective regulation of network rumors.