Research On The Restrictive Protection Of Public Figures’ Reputation Rights

The "Public Figure" theory originated in the United States and is an "exotic product" that advocates the protection of freedom of speech.The academic circles in my country have conducted a certain degree of research on whether to introduce the theory of "public figures",the concepts and categories of "public figures",and whether various kinds of "public figures"should be protected differently,but there are still disagreements.The "public figure" theory is often cited by the parties as defenses in reputation infringement cases,and some judges have also taken the initiative to bring it up.Although the theory has not been incorporated into my country’s legal system,the "public figure" and its "duty of tolerance" have been Some judges have appeared in the judgments of Chinese courts as the reasoning basis,and there have been signs of abuse of blind derogation of public figures’ reputation rights.Restrictive protection of public figures’ reputation rights has become a significant tendency in judicial trials.With the popularity of the Internet in recent years,various types of self-media are active in people’s lives.The rich types of self-media have greatly increased the scope and speed of information dissemination.At the same time,the frequency of disputes when people interact with information is also increasing.The free speech environment often causes reputation violations and public figures’ reputation rights.Disputes are increasing day by day.Through combing the content of the case and analyzing the quantity,it can be seen that the main battlefield of the reputation disputes of public figures in my country has been transferred to the Internet platform,which has different characteristics from the traditional reputation disputes.The reputation damage of public figures has intensified,and it is obviously unreasonable to blindly derogate public figures’ reputation rights.How to better regulate the restrictive protection of public figures’ reputation rights in trial practice has become an unavoidable topic.Examining the practice of restrictive protection of public figures’ reputation rights outside the territory,Western countries led by the United States have established rules for determining public figures’ reputation infringement through principles such as actual malice.The United States,Germany,and Chinese Taiwan region have all adopted classification of public figures.Improve the protection of all kinds of people.Combining our country’ s national conditions and judicial practice,we should first clarify the concept of public figures from the legal perspective and classify them for targeted protection.Secondly,we should closely rely on the publication of the Civil Code and combine with relevant provisions to improve judicial interpretations and cases.Guidance,and finally counter-restrictions on Internet platforms and users based on the current status of the network environment,in order to better regulate the issue of restrictive protection of public figures’ reputation rights in trial practice.