Research On The Legal Protection Of Reputation Right Under The Environment Of We-media In China

As a new type of information exchange,sharing,and dissemination platform,since the birth of the we-media,it has been highly praised by the public.Its low barriers to entry,convenience,and other features make its popularity much higher than other media.The people's freedom of speech has been greatly released on the we-media platform,but it has also created many infringement issues.The problem of reputation infringement is particularly acute.Any freedom without limits and boundaries is not freedom but the only way to the road that is not free.Therefore,how to strengthen the legal protection of the right of reputation under the we-media environment in the era of rapid development of Internet technology is an urgent problem to be solved.We-media originated in e-mail,blogs and other network communication methods,through the blog,Weibo,WeChat and other forms of development has become more and more mature.We-media is a generic term for online media that transmits,shares,and communicates with each other in a private,equal,and autonomous manner to specific individuals or unspecific subjects transmit information.Its features are including the generalization of the main body,the speed of self-distribution,and the speed of content.The right of reputation enjoyed by civil subjects not only in real life but also in the context of we-media,.The right of reputation enjoyed by the civil subject in the media environment is usually called the right of reputation of the media and it means that the civil subject enjoys the right of reputation in its own media space,excludes damages caused by others and gains objective Fairly assessed equity.The combination of personality and property,virtuality and reality,aggregation and restrictiveness are the characteristics of the right of reputation under the we-media environment.With the development of self-media,there are many incidents of infringing upon others' reputation right.Compared with traditional reputation right and other network media reputation infringement,the particularity of we-media reputation infringement is more concealment and complexity in subject.The scope of influence is wider and uncertain,the proof of evidence is more difficult,and the probability of infringement is higher.We-media platform has given the public the convenience of speaking out and at the same time it has also invaded the phenomenon of infringement of the rights of reputation.There is a conflict between freedom of speech and reputation and needs balance.Usually in the face of public figures and public events,the standard of reputation infringement must be improved and the degree of freedom of speech protection is high.Otherwise,the standard of reputation infringement will be reduced and the freedom of speech will be limited.At present,the laws and regulations for the protection of reputation right in the environment of we-media are scattered in various branches of law,mainly reflected in the tort liability law and judicial interpretation,and there are many typical cases of infringement of the right of reputation through the self-media in judicial practice.Through the review of relevant laws and regulations and cases,we can see that in the context of self-media,China's reputation protection has a Imperfect legal system,weak legal operation,difficult evidence preservation,unclear damage compensation standards,and excessive aging of liability forms.Because the research on this problem is very limited in our country,it is difficult to break through only by our own development and innovation,so we need to learn from the progress of foreign countries on this issue.Germany mainly adopts strict legislative protection against this issue.The South Korean innovation in this regard is a limited network real name system.The United States mainly adopts the combination of government supervision and industry self-regulation.The United Kingdom mainly relies on industry self-regulation.These typical representative countries have advantages and disadvantages in the protection measures of the reputation rights of the media,and they must be selectively absorbed in combination with China's national conditions when drawing lessons from them.In view of the current problems in the protection of the reputation right of our country's we-media,combined with foreign measures that are worth learning from,we can take steps to improve the protection of reputation rights in the we-media environment.These measures are including improving the legislative level and improving the existing legislative system,enhancing the operability of the law,improving the evidence preservation system,establishing standards for damage compensation from the media,and innovating the responsibility of the infringer.In addition,strengthening the government's supervision over we-media network platforms,adopting a limited real-name system,Enhancing the self-discipline of the participants,and giving full play to the advantages of we-media self-cleaning rules and other supporting measures can be used as a right-of-reputation law under the we-media environment.The supplement of protection measures can make the protection of reputation right in the media environment more comprehensive.