The Research On Reputation Infringement Of American Public Comment Websites

The web2.0 era,characterized by interactive sharing,promoted the transformation of the media approach,changed the single linear communication model,and spawned new ways of information aggregation and dissemination.Everyone on the Internet is both a viewer,a reader and a creator of network information.The e-commerce website represented by Amazon.com is the first to pay attention to the rich UGC resources,and has created an online comment mode to help others make purchase decisions through user evaluation and online sharing of consumer experience.The public comment website just saw the business opportunity from the e-commerce website's mode of review,and it came into being.The emergence of public comment websites has broken the predicament of information asymmetry between consumers and businesses.Consumers rely on the word-of-mouth effect on the Internet for decision-making,and businesses can adjust and optimize their business in a timely manner through feedback from consumers.However,due to the particularity of the operation and dissemination mode of public comment websites,all value content is produced by third parties,resulting in frequent infringements,especially reputational infringement.The governance of the reputation infringement on the public comment websites and the determination of tort liability are still controversial,and the boundary between freedom of speech and reputational infringement is also worth discussing.The United States is the birthplace of the Internet,and the tradition of sharing and commenting in the cyberspace has been around for a long time.This article takes the embarrassing lawsuit involving Yelp,the largest public comment website in the United States,as an breakthrough point,combines relevant US laws,regulations and other typical cases to study the reputation infringement governance of the US online review ecology and public comment websites.Drawing on the "American experience",we will promote the process of Internet governance in China,standardize the operation of public comment websites in China,and explore the practical dilemma of solving the reputation infringement governance of public comment websites in China.This article uses case analysis and literature research methods.This article mainly covers the following aspects:First,focus on the issue of reputation infringement of the US public commentary website,detailing the case of "Hassel v.Bird",and backtracking the background and development of the US online review.Starting from the operation and communication characteristics of the public comment website,the author studies the "third party" identity of the publicity of the website and analyzes the particularity of the reputation infringement of the public comment website.Second,in conjunction with the final judgment of the California Supreme Court on the case,sort out the relevant laws and regulations of the United States on the governance of reputational infringement of public commentary websites,with Communications Decency Act and Restatement of the Torts Law,Second.Focus on the relevant content in detail.Combined with the case,it introduces the specific identification,attribution,and defense of public reputation infringement cases.Third,the "Notice-Delete" procedure most commonly used to resolve network reputational infringement disputes,also known as the "safe haven principle",combines cases to analyze the use and exceptions of the "safe haven principle" in public reputation websites.Fourth,China's legal exploration of the reputation infringement governance of public commentary websites is mainly reflected in Communications Decency Act.Analyze the real dilemma of the reputation infringement governance of public comment websites in China,and obtain inspiration and suggestions from the"American experience."...