Research On Legal Liability Of ISP Infringement On Right Of Reputation

In the "Heng Sheng Laptop Case" in 1999,the court first held that issuing insulting remarks through the Internet required tort liability.With the rapid development of the Internet,network reputation infringement cases also increased.ISP(Internet Service Provider)frequently became the object of prosecution because of its special status in the network.In network reputation infringement cases,due to the lack of theoretical research and legal provisions,the determination of liability for ISP infringement has become a difficult issue in the trial.Therefore,this paper mainly studies and discusses the legal liability of ISP infringement of reputation right,in order to determine the tort liability of ISP.This paper is divided into four parts.The first part is an overview of ISP and reputation rights.According to the characteristics of network infringement and the functions of ISP,ISP is divided into two categories and three sub-categories,including content service providers and technical service providers.The technical service providers are also divided into information storage service providers and search and link service providers.The second part is to identify the liability of ISP for infringement of reputation right.Firstly,the fault liability principle of ISP is established.Then,the infringement constitution of ISP is sorted out from the four constituent elements of content service provider's infringement act,result,causality,subjective fault and the two constituent elements of network user's infringement and subjective fault of technical service provider.In addition,the infringement constitution of ISP is analyzed.At the same time,the author put forward his own views on the identification of tort,fault and "timely" identification.Finally,the author analyzed the defense reasons of ISP infringement on reputation from five aspects: consent of the victim,true and reasonable reprinting of the report,fulfillment of the duty of reasonable care,limitation of public figures and so on.The third part is ISP's responsibility for infringement of reputation.This article analyses the responsibility of ISP from two aspects: the individual responsibility and joint responsibility of ISP and the way of ISP's responsibility for infringement of reputation.In the fourth part,the author puts forward his own suggestions based on the above research,and gives his own opinions from four perspectives: improving legislation,speeding upthe implementation of the real-name system on the Internet,establishing and improving the regulatory mechanism of speech in cyberspace,and strengthening administrative supervision.