Research On The Defense Reasons For Reputation Right Infringement Under The Network Environment

It is necessary and urgent to coordinate the relationship between the freedom of speech and the protection of reputation in the network environment.On the one hand,the emergence and development of the Internet has resulted in more people participating in the release and dissemination of information,more diverse methods and a wider scope of influence,which has greatly expanded the boundaries of freedom of speech.On the other hand,Reputation Infringement continue to occur in the network environment,showing the characteristics of infringement subjects being difficult to identify,infringement information flooding and serious consequences.From a practical point of view,specifying defenses of reputation infringement in detail is one of the effective ways to resolve the conflict between the two.This article intends to divide the article structure into the following four sections:The first part explores the characteristics of freedom of speech and reputation infringement in the network environment,briefly explains the concept and classification of the cause of defense and puts forward the argument that the cause of defense is helpful to resolve the conflict between freedom of speech and the protection of reputation.The second part is to inspect and analyze the current situation of the law legislation and judicial practice in our country,to discover on the shortcomings of the existing system and to provide ideas for improving the defense of reputation infringement in the network environment.China has established special defenses applicable to online reputation infringement lawsuits,such as basic facts,fair comments,authoritative sources,and notice and take down rule.However,existing regulations appears vague,simple,and narrow in scope of application.Falling behind with the times and lacking a systematic design makes it difficult to meet the demands of realistic trials.Judicial practice has expanded and perfected the original defenses to a certain extent,and added public figure defense and public interest defense,which provides reference and actionable trial rules for the same type of online reputation infringement cases.However,these innovative practices have not yet been recognized in legislation,and the specific application of various defenses needs to be further clarified and unified,and mutual coordination needs to be enhanced.The third part is fully considering the concrete factors in building reputation infringement defense system under the network environment.We must pay attention to distinguishing facts from opinions,public factors,and the subject of tort liability.Facts can be confirmed or falsified,but opinions cannot.Since the judgment standards of the two are different and corresponding defenses should be set up separately.Public factors should be taken into consideration.For online speech involving public figures or public affairs,the standards for determining reputation infringement should be stricter.Subjects of reputation infringement in the network environment are more complicated and involve network information issuers,network information disseminators and network service providers.These three types of subjects have differences in the ability to control information,behavioral methods and subjective faults.Therefore,the applicable defenses are not exactly the same.The fourth part is after synthesizing the above viewpoints and learning from foregin regulation,this article put forward specific suggestions for building reputation infringement defense system in the network environment.The defense of reputation infringement in the network environment should include the following five items: basic facts,honest opinions,public interest,reasonable citations and repeated dissemination and notice and take down defense.The facts are basically based on the release of facts.The honest opinions are based on the publication of opinions.The public interest defenses do not distinguish between facts and opinions.These defenses are applicable to internet information publishers and disseminators.Reasonable citations and repeated dissemination is peculiar defense for internet information disseminators to protect the freedom of dissemination of information,and the notice and take down defense applies only to network service providers.Each of the above five defenses has its own applicable scope and value and can cooperate and complement each other,which help to balance freedom of speech and reputation rights in the network environment,guide judicial adjudication and create a clear cyberspace.