On The Legal Construction Of The Right To Reply In Media Reputation Infringement

Events in the objective world must be missing after subjective processing by the media.Therefore,media reports are descriptions of tailored events,which inevitably contain non-objective parts and infringe on the reputation rights of civil subjects.The right to respond to claims has been recognized by many countries around the world since it was founded in France in the 19 th century.It means that when the content of the media report causes the reputation of the reporter to be hampered,the reporter requests the same media to give him a significant way to respond to clarify the facts,eliminate the public's bad impression of the reporter,and restore the reputation of the reporter.right.It has three functions of maintaining the reputation of the reporter,balancing the freedom of expression of the media and the reputation of the person being photographed,taking into account the freedom of speech of the reporter and the diverse information received by the public,which can effectively alleviate the tension between freedom of expression and protection of reputation.Relationship.Based on the three-point reason for responding to the request for the right to delay the judicial remedy of media reputation infringement litigation,to make up for the lack of functions of the restoration of honorary relief measures in the current legislation,and to respond to the new demands of citizen reputation relief,it is necessary for China to explicitly respond to the request in the legislation.At the same time,the introduction of the right to respond to the legislation is in line with the spirit of civil law and the compilation of the Civil Code,and it does not impose excessive responsibility on the media.Therefore,it is feasible to respond to the claim as a civil remedy against reputation.When explicitly responding to the right of request,our country's legislation should stipulate it as a right of personal right in the Civil Code's personality right,and clearly respond to the conditions for obtaining the right to request and the specific rights,and stipulate the specific circumstances of restricting the exercise of the right to respond.Finally,it is clear that the relevant supporting measures guarantee that the right to respond to the request is effectively exercised.