The Restriction And Protection Of Public Figures' Right Of Reputation Under The New Media Environment

Under the new media environment,the right of reputation of public figures and the freedom of speech of citizens constantly conflict,resort to the law repeatedly.From the global point of view,it has become the consensus of all countries to restrict and protect the reputation rights of public figures.Due to the fact that public figures and their reputation rights are not regulated in the current law of our country,there is no uniform standard in judicial practice,and the adjudication of related cases is different.This article summarizes,compares the domestic and foreign relevant legal provisions,the case law and the idea,combs the public figure and its reputation right concept.Public figures are different from ordinary citizens,and they are well-known and influential figures in society.When it comes to public interest,public figures have a certain degree of tolerance obligations,their reputation protection should be for the freedom of speech,public opinion supervision and other value concessions.In the new media environment,on the one hand,the right of reputation of the public figures is restricted,which is conducive to the promotion of freedom of expression and the supervision of public opinion;on the other hand,the development of the media and technology also provides the soil for malicious speech,false facts,code-code materials,literary works,etc.The discussion of the honour protection of public figures and the freedom of expression of citizens is in essence the delimitation of the boundaries for freedom of expression.It is necessary to limit the right of the public figures on the basis of the need of the protection of the freedom of expression and the supervision of public opinion,the public interest and the reasonable public interest.The reasonable personality right,the degree of the freedom of the press,the long-term need of public affairs,require the law to protect the public figure's reasonable reputation right.The malicious libel,the denigration,the insult,.constitute the reputation infringement.Through summing up the advanced experience of foreign countries,this paper puts forward that in the practice of public figures' right of reputation,the special defense system should be set up in legislation to help delineate the boundary between freedom ofexpression and reputation protection of public figures.In this way,reasonable public criticism,personal expression and reputation protection,protection of true statements of fact,honest and well-intentioned opinion expression: based on citizens' right to criticism and supervision of news media coverage,"Public speech" should be given enough room for survival and fault tolerance;When the media and the public disclose and supervise the facts,statements of the facts are basically true,or have authoritative sources of information,the infringement should not be determined;when the media and the The public comment should not be considered as a violation of a fair position,an honest opinion,or a normal point of view that is of scientific and academic value and does not constitute a malice.At the same time,the media should follow the professional ethics,and the citizen should improve the individual's quality.