Legal Regulation Of Reputation Infringement Under The Environment Of We Media

Since the emergence of the we media,so that everyone has their own microphone,it can speak for themselves.It broadens the channel of people's expression and realizes the instant sharing of information.Under the environment of we media,freedom of expression has been greatly exploited,but there has also been abuse of the reputation of the we media.Especially in recent years,since the phenomenon of we media reputation infringement intensified,this kind of infringement cases are also increasing,the protection and relief of people's right of reputation has become a problem of concern in the field of legal theory and practice.Due to the special communication modes such as timeliness,interactivity and openness of we media,there are differences between reputation infringement in we media environment and traditional reputation infringement.The reputation infringement in the we media environment has shown many characteristics,such as the anonymity,diversity and complexity of the tortfeasor,the magnification and seriousness of the result of the tort damage and the difficulty of the tort remedy,etc.Based on the particularity of its infringement characteristics,we can see that,as a new type of infringement,the existing laws and regulations on the regulation of reputation infringement in our country have not been properly regulated it.Such as the Article 36 of Tort Liability Law,its regulation of network infringement,but this clause still has the shortcoming that the relevant content applies the boundary to be vague and imperfect.Moreover,since the contradiction between freedom of speech and right of reputation under the media environment is prominent,how to balance the conflict between them is an issue that our country's legislation needs to consider and solve.The lag of the law have brought problems to the judicial practice in dealing with this kind of related cases.In order to better grasp the regulation of reputation infringement under the environment of we media,this paper analyzes the issue of reputation infringement in the environment of we media from the perspective of legal regulation,combining with the relevant trial practice of using the we media platform to infringe others' reputation right.At the same time,it will put forward the corresponding questions and suggestions.From the current situation of legislation regulation in our country,it islack of rules and regulations on the legislation system of our country,such as the imperfect legislative system of network infringement.There are a series of problems,such as the lack of distinguishing the tort liability of different types of we media torts,and the lack of effective we media supervision and regulation.In view of the shortcomings of the existing legislation on the regulation of reputation infringement under the environment of we media in this paper,by analyzing relevant cases and drawing lessons from overseas countries such as the United States,the United Kingdom,Germany and other countries with more mature legislative system of reputation infringement,the legal regulation experience of countries,such as the United States,Britain,Germany,etc.Some suggestions are proposed in order to improve the regulation of reputation infringement under the environment of we media in our country.First,it is important to improve the legal system of tort,to promote the special legislation of infringement in we media environment;second,classify the subject of we media tort according to different standards.The principle of imputation and the form of responsibility are defined in details and clearly;thirdly,the protection of reputation rights of ordinary users and public figures are distinguished,and the right of reputation of public figures is restricted;Fourth,strengthen and improve the effective supervision of we media,promote the scientific and effective government supervision and self-discipline of we media industry,prevent and regulate the phenomenon of reputation infringement legitimately and effectively.