On The Constitutive Elements Of The Infringement Of Reputation Right From The Media And The Reasons Of Defense

Since the beginning of the media,it has been an online communication method mainly based on e-mails and online articles.Individuals have passed information in an autonomous and equal manner to specific individuals or unspecified subjects,and have finally realized communication,sharing,and communication with each other.With the development of network technology and the replacement of mobile devices,self-media communication platforms are becoming more and more extensive.The most common are different network platforms such as Weibo,We Chat public account,and post bar.Due to the diversified and popular nature of the self-media subject,the messages released by the self-media have the characteristics of autonomy and timeliness,and the published content is characterized by diversification and complexity.This makes the self-media an open platform.News spreads quickly and is highly interactive.The development of self-media has continued to mature,enriching the channels for people to obtain information,and adding fun to public life.On the media platform,people's freedom of speech has been hugely released,but with it,many infringement problems have arisen,especially the problem of reputation infringement.In traditional reputation right infringement,the subject is only the infringer and the right victim,and the infringer and the right victim are clear,often because the infringer intentionallytransmitted insults,defamations,etc.to a third party,which damages the reputation of the right victim As a result,the damage caused by the infringement usually results in a lower social evaluation of the right victim.Since the self-media is developed on the network platform,the main body of self-media infringement of reputation rights also includes network service providers.This is a feature that distinguishes self-media infringement from traditional infringement of reputation rights.Due to the characteristics of the main body,content,and selfmedia platform of the self-media,this makes the infringement of self-media's reputation right special in terms of infringement,damage results,causality,and the fault of the actor.In judicial practice,In terms of the elements of the infringement of the right to reputation from the media and the reasons for the defense,the judge needs to consider many factors,especially the grasp between the freedom of expression and the conflict of reputation infringement.