Research On The Legal Protection For Right Of Reputation On The Internet

At present,network service providers including Weibo,WeChat,Zhihu,TouTiao,Little Red Book,TaoBao,JD.COM,which supply with widely free platform to make people express opinions and comments,meanwhile these network platforms also lead to a large number of harmful and illegal actions from users,relate to insulting and defamatory speech that infringe upon the right to reputation of others.Compared with traditional infringement of reputation right,information transmission in network environment are much higher than traditional media in degree of speed,scope and damage.Therefore,the protection of reputation rights in the network environment needs to be researched primarily.The article takes the reputation infringement in network environment as the research object in terms of judicial practice,and applies to the research methods by empirical research,literature study and the comparative study.Begin with background and significance of the research,deeply analyzes the relevant data of the tort of the reputation which were provided by court,also included the environmental characteristics and cases characteristics of reputation infringement in network,and elaborates what problems need to be solved in the current condition refer to legislation.The paper adjusts the application of the "safe harbor rule" in the network environment,and enacts the obligation of announcement and the obligation of clarification to restore the reputation of the infringed.Expanding the definition of "knowing" infringement in the rules for Internet service providers,and add the interpretation of "should know".Classify the network service providers by network access service providers,network content service providers and network intermediary service providers.According to the classification of network service providers,elaborating the liability principle of network environmental infringement.Then the paper also perfects the punitive compensation provisions for right of reputation.Last,the paper improves the legal protection of reputation right under the network environment from the perspective of procedural law and substantive law,including the formulation of act preservation provisions on the application of reputation right in the civil procedure law in view of the increase in the number of cases applying for behavior preservation.Focus on legal protection of the right of reputation in the Internet age is to balance the openness and restriction for speech of internet users for the purpose of harmonious security on the internet social platform and human right protection.