The Protection Of Privacy Rights Under The Freedom Of Online Speech

The excessive exercise of freedom of speech on the Internet has caused a lot of problems for people's lives.The infringement of privacy right is one of the problems.With the increasing emphasis on human rights protection,the protection of privacy protection is increasing.The promulgation of the "General Principles of Civil Law" provides guidelines for the protection of the right to privacy in civil law.However,there are still deficiencies in the protection of the right to privacy in current legislation and judicial practice.This article starts from the "General Principles of Civil Law" and seeks to establish a complete privacy.The specific system of the right protection system.The research methods adopted in this paper are mainly literature research method,comparative analysis method and case analysis method.The article is carried out in five parts.The first part started from the disclosure of user privacy on the two major web platforms of Weibo and Facebook,revealing the problems that privacy leaked to people's lives,and bringing out the issues that this article will explore.The second part analyzes the conflict between the freedom of speech and the right to privacy in the Internet and expounds from two aspects.First,the conflict between the freedom of speech on the Internet and the right to privacy of public figures reveals the embarrassing situation in which the privacy protection of public figures has been neglected.Second,the conflict between freedom of speech on the Internet and the tranquility of private life reveals that the natural person's life is being over-expressed by cyber freedom of speech.The actual status quo of the interruption of the exercise and the resulting social instability.Objective To clarify the contradiction between the exercise of freedom of speech on the Internet and the protection of personal privacy,and to clarify the need for privacy protection under the network environment.In the third part,by analyzing the causes of the two conflicts,we first proceed from the internal factors.Because the conflicts of interest,nature and status inequality lead to the inherent conflict between the two rights,and then from the particularity of the external network environment,they intensify the contradiction between the two.Infringement of the right to privacy of natural persons.The fourth part analyzes the status quo of China's privacy protection legislation and analyzes the status quo of the judiciary.It points out that the principle of infringement rules in the privacy protection legislation is unreasonable,the remedy measures are imperfect,the privacy protection of minors and the privacy rights of public figures are limited.The lack of protection system and the ambiguity of the privacy right boundary have deep understanding of the insufficiency of our country's legislation on privacy protection.The fifth part seeks to find a solution to the problem through the lack of legislation described above.In dealing with the conflict caused by both internal factors,the principle of priority protection of privacy is used to highlight the importance of privacy rights.In the principle of infringement,fault presumptions are adopted,and punitive compensation rules are used in relief measures to increase the liability of the infringer.Protecting the privacy of minors and restricting the protection of privacy of public persons can be separately formulated to consider the privacy protection law of minors and the specific considerations of the privacy restrictions of public figures;for the privacy of the privacy of the boundary,can be listed in the way of privacy The scope of rights distinguishes between the boundaries of privacy and personal information and reputation rights.Finally,the establishment of typical cases leads people to strengthen the construction of the concept of the rule of law,and values the protection of privacy.