Study On The Legal Border Of Freedom Of Speech In The Internet

The development of self-media such as blogs,forums,Weibo,WeChat,etc.,on the one hand,constantly enriches means of expression,promotes the disclosure of social information and power;on the other hand,its low cost,anonymity and extensive cross-regional communication ability has constantly raised new expression problems,There is a close connection between freedom of speech and personality.Speech expression is one of the essential elements of the formation and development of personality,and the full protection of the right of personality is an important prerequisite for citizens to exercise their freedom of speech,both of which are important components of human rights.However,there are situations in which a person(organization)infringes upon the personal rights of others by expressing speech,or when a person(organization)unduly restricts the freedom of expression of others in order to protect their personality,this gives rise to a conflict of fundamental rights between the two,such as the conflict and balance between the right to freedom of expression and the right to reputation.This paper analyzes the rights conflicts reflected in the case by introducing two cases of Weibo infringement of reputation rights.This paper will firstly introduce the situations of a case,secondly introduce the controversial issues to be explored in this case,and finally determine the boundary of freedom of speech on the Internet.The text of this paper is divided into five chapters.The first chapter is the analysis of the case and the main points of the judgment.The case cited in this paper reflects the conflict between speech and reputation.Through "Peking University v.Zou Hengfu case" leads to whether public institutions enjoy the right of action and public figures undefined judgment standard;Through the mutual action between Fang Shiming and Cui Yongyuan,public figures can apply different degrees of protection to public affairs and private affairs.The second chapter introduces the meaning of freedom of speech and the characteristics of online speech.This paper summarizes the three characteristics of online speech,namely,low cost,anonymity,and wide spread.It aims to express the difference between online speech and traditional media,and the boundary of the two should be different from that in traditional media.This article refers to the definition of speech in the second instance judgment of Zou Hengfu,that is,"speech can be divided into statement of fact and expression of opinion,in which the core meaning of expression of speech can be divided into criticism,suggestion,appeal,complaint,prosecution,etc." It is believed that the exploration of the core of the protection of freedom of speech is related to the definition of freedom of speech,and at the same time,it has a guiding role and very important significance to the determination of the boundary of freedom of speech.The third chapter analyzes the dilemma of the adjudication of reputation dispute cases.This article thinks compares with the general speech,Weibo speech grasps the yardstick wider.For the determination of standards,public figures are different from ordinary people,public affairs are different from private affairs.The fourth chapter analyzes the boundary of freedom of speech.Firstly,the author combed the two viewpoints of whether the freedom of speech can be restricted,namely relativism and absolutism,and made it clear that the freedom of speech can be restricted.Then it analyzes the boundary of freedom of speech,including the boundary of freedom of speech for public figures and for public institutions.The fifth chapter states that the duty of care is an effective tool to clarify the boundaries of online speech,this article holds that the facts and opinions,should be fulfilled the duty of care is also different.Finally,the principle of "actual malice" isintroduced.