On The Defense Rules For The Infringement Of Reputation Rights By News

When freedom of speech rights and personality rights conflict,how to reasonably allocate rights has always been a common concern of Law and Journalism.There is no specific Defamation Law or journalism Law in China to regulate it particularly,except three judicial interpretations in the last century establishing three defenses against the news defamation:"reliable content","authoritative information sources","fair comments".However,these three rules are difficult to reasonably resolve realistic disputes.Therefore,defenses like"public interest"and"public figures",which belongs to the common law countries,have been introduced to our judicial practice to reconcile the conflicts between the rights.At present,most of the research on the defense against news defamation focuses on Jurisprudence and case discussion.The author collected 361 public verdicts with respect to the news defamation from 2010 to 2018,and studied the judicial application of the defense against news defamation in an empirical perspective.The introduction part summarizes the current research status of news defamation,and puts forward the problems to be solved as well as the research methods adopted in this paper.In the first chapter,we define several core concepts of the"defenses against news defamation"reputation rights and its historical evolution.Combing the academic disputes course of"news defamation"to"media defamation",this part finally explains why the concept of"news defamation"is adopted,and establishes standard of collecting case samples.In the second chapter,this paper presents the methods of adopting the 361 case samples from 2010 to 2018,displays the statistical framework,and finally outputs the statistical results,showing the current situation of the news defamation case.Comparing with the preceding statistical results,this paper concludes why the rate of news disseminator losing lawsuits declines greatly.A brief analysis of reasons follows in the end.In the second chapter,this paper presents the methods of adopting the 361 case samples from 2010 to 2018,displays the statistical framework,and finally outputs the statistical results,showing the current situation of the news defamation case.Comparing with the preceding statistical results,this paper concludes why the rate of news disseminator losing lawsuits declines greatly.A brief analysis of reasons follows in the end.The third chapter is the core part of this paper,pointing out the current problems in the“defenses against news defamation"system.From the classifications of speeches and the close relationships between news and public domain,this paper put forward"4+1"defenses against news defamation logically,and then return to the case to see how the defenses are applicated in practice.Besides,the existing shortcomings are presented as well.