See The Conflict Between The Truth Of The News And The Truth Of The Law From The News Infringement Lawsuit

The conflict between news authenticity and legal authenticity is also the conflict of value between news freedom and personality right in a sense.There is no real judicial relief for China’s press media supervision of public opinion,the timeliness of the news,the limitedness of news interviews means and other factors determine the news’ s authenticity cannot be as true as the law to obtain reasonable and reliable evidence.Therefore,it is necessary to start from the very case when the court rules,considering the law of the dissemination of news,leaving public opinion a certain security room.This paper chooses 108 cases of news infringement litigation and observes the real conflict between news authenticity and legal authenticity in court judgment.It proves that in judicial practice,when some court referees,they consider the balance of news authenticity and legal authenticity,to avoid the media to bear too much responsibility,and accordingly think there is no need to require the authenticity of the news and the objective reality,the legal authenticity in uniform standard.However,in general,there is no consensus when the court referees with reference to the news timeliness,public figures and other factors to reduce the authenticity of media verification obligations,and the judicial standards are not uniform.As a whole,the judge tends to require the news media to fulfill the obligation of examination and due diligence in accordance with the standard of legal authenticity,and the difficulty of the burden of proof and the standard of proof is quite similar to that of the law.In the case involving public figures,public interests,the majority of cases did not reduce the media’s duty of scrutiny.