The Authenticity Defense And Proof Standard In The Lawsuit Of News Infringement Of Reputation Of Right

In the case of news infringement of the right of reputation,"authenticity" is one of the recognized major defenses.However,because there is no special news dissemination law in our country,the existing related laws and regulations are overly principled and lag behind,resulting in different understandings and grasps of “authentic defense”both in the theoretical field and in judicial practice.This is not only unfavorable to the better protection of the rights and interests of civil subjects,but also not conducive to the better realization of the news media's freedom of speech rights.The article discusses the basic theoretical issues in the civil lawsuit,the basic theoretical problems of the news infringement of the right of reputation,related theories of authenticity and the value basis of the authenticity defense,and the difficulties encountered in judicial practice.On the basis of comparative study between the common law of the United Kingdom,the United States with the continental law of Germany and Japan,it is proposed that in the case of the news infringement of the right of reputation,the essence of "authenticity" in the defense of authenticity is the legal truth,and the standard of proof should adopt the criterion of "given prosperity".At the same time,I propose suggestions on the understanding and application of authenticity defense in news infringement of the right of reputation:complete the news infringement issues at the legislative level,advance the institutionalization and systematization of defense reasons,clarify the essential meaning of the “authenticity” of authenticity defenses,clear the scope of application and the standard of proof of the authenticity defense,and establish the principle of mitigation of “mistrust of authenticity”.