Research On The "Basic Truth" As The Reason For The Defense Of China’s News Infringement On The Right Of Reputation

In the lawsuit of infringement on reputation rights,"basic truth" is one of the important reasons for defense.However,due to the lack of a special press law in China,there is a certain deviation in the understanding and judgment of the "essentially true" defense by the press and the legal profession.Such deviations will be detrimental to the public’s need to realize social public interest information,damage the public’s civil rights,and also be detrimental to the realization of freedom of public opinion and supervision by the media.This article will discuss the definition of "essential truth" in the news industry and judicial practice through the discussion of "news truth" in news infringement litigation cases,as well as some of the challenges facing the determination of "essential truth" in current judicial practice The dilemma is discussed,and finally,through a comparative analysis of the definition standards of "basic truth" in countries outside the territory,we provide targeted improvements and optimization suggestions for the definition criteria of "basic truth" in the lawsuit of infringement on reputation in our country.The legal boundary of press freedom balances the conflict between press freedom and public opinion supervision.The first part of this article sorts out that the contemporary view of news truth in our country is the "unified truth view" formed by the influence of Marxist news view.Through interviewing the news staff on "news truth" and analyzing relevant cases in judicial practice,we can obtain Identify the different requirements of the press and the legal profession for "news truth" and summarize the differences between the two.The second part sorts out common law countries such as the United Kingdom,the United States and Germany,Japan,and France in the civil law system to define the standard of "real" in the "basic truth" defense,so as to compare the countries outside China and China against "basic truth" The differences and causes of the degree of definition.Through the analysis of specific cases in the third part,we can find that the definition standard of "basic truth" in our country is relatively loose,which can ease the conflict between the freedom of speech and the reputation of the reporter,reasonably protect the freedom of speech of news organizations,and realize the necessary supervision of public opinion.So as to protect the public’s right to know.The fourth part is a comparative analysis of the definition criteria of "basic truth" in countries outside the region and a case analysis of the relevant cases.Finally,it is concludedthat China’s "basic truth" defense is currently facing the judicial dilemma of inconsistent standards and difficult media proofs.This puts forward suggestions for improvement: to clarify the essential meaning of "truth" in the "basic truth" defense reason;to clarify the standard of proof in the "basic truth" defense reason;to establish the "basic truth" defense principle "truth" mistrust and reduce liability system.