An Analysis Of Cases Of Infringement Of Reputation Rights Between Netease Leihuo And Sina

With the continuous development of science and technology,today's society has entered the era of network information.The application of the Internet has penetrated into every aspect of our daily life.It is no exaggeration to say that the Internet has become an indispensable part of human social civilization.Network service providers,as one of various types of cyberspace entities,are undoubtedly indispensable in protecting the legitimate rights of network participants.At the same time,it also inevitably produced many infringement issues.Among them,infringement of the right to reputation is a typical example.Through the case studies of a series of network service providers that have infringed on the right of reputation,the problem that the network service providers infringe on the reputation right in practice in China is elicited.First of all,when the infringer informs the network service provider to delete the relevant infringing information,the constituent elements of the qualifying notification here shall include the subject of the notice,the manner and content of the notice,and in addition,in order to balance the exercise of the powers of both parties,Introduce the"counter-notice" approach;second,when judging the network service provider's reprint of infringement,it shall be analyzed and judged according to the requirements,and it shall have the obligation of prior review of the reprinted information,and shall not be obliged to review the information published by the Internet users;Finally,the joint and several liability in the network joint infringement determines the appropriate amount of compensation according to the cause of the network service provider's behavior and the degree of fault.The true nature of this joint and several liability is not a real joint and several liability,because the damage caused to the infringer Although service providers have certain faults and even have certain causes,their faults and reasons for failing to take necessary measures in a timely manner are indirect and do not affect the responsibilities of infringing Internet users.By comparing and analyzing the basis and reasons for similar cases between different courts,the problems exposed by different judgments were discovered.After careful consideration of relevant issues,corresponding countermeasures and suggestions are proposed to provide theoretical assistance in the study of Internet service providers'infringement of the right of reputation,and to provide a reference for future similar cases in practice.