Research On Judicial Application Of Reputation Rights Of Public Figures In The We-media Era

In recent years,the development of internet infrastructure promotes big change of information media in China.And the emergence of we media platforms,which improved the efficiency of information dissemination and interaction,and also increases the probability of disputes in communication,intensify the contradiction between freedom of speech and right of reputation.However,in the absence of safeguards for the press and public opinion,the theory of public figure,as an import to advocate the protection of freedom of speech,is often cited as a defense by the parties in the case of reputation infringement.The theory of public figures in reputation tort originated in America in the 1960 s,and the theory was the product of the first amendment to the U.S.constitution.The propensity to protect free speech was the core of the theory.The academic community introduced the theory to China,and it came into the judicial practice in our country at the turn of the century.Although the theory had not been included in the legal system of our country,the concept of public figures and tolerance obligation had been a part of its judges as summed up in the judgment.In our country academic circles as to whether the introduction of the theory and its problems such as the definition of the concept of boundaries,all have a certain amount of research.However,there were few studies on the application of this theory,focusing on the cases of reputation tort disputes involving the concept of public figures in the era of we media in China these years.The article traces the origin of the public figure theory,and sorts out the generation and development process of the theory.The theory originated from the American civil rights movement,and the emergence of the malicious rule provided sufficient space for the freedom of speech of the news media.In the process of extraterritorial dissemination,other countries have absorbed the public elements of the theory and strengthened the protection of freedom of speech on the basis of their own national conditions.After the theory spread to our country,although not into our country's legal system,but has played a certain role in our country's judicial practice.Then we talk about the reputation cases which involves the concept of public figures in our country in recent years.Through combing and quantity analysis,we use the empirical analysis to make the concept visual.And we know that the theory of reputation infringement cases in our country apply to be simplified to a certain extent,and in most cases it did not play a role around the essence of the decision,more time it is a declaration of freedom of the press and free speech.At the same time the emergence of the Internet has amplified of the ambiguity of the concept itself,the lack of operability in the judicial practice,easy to enlarge the discretion of the judge,then lead to different connection with the given phenomenon.By means of the media era of reputation infringement of the analysis of the new situation,and combined with our country civil law code draft regulations in terms of the news media to explore the possibility of this theory into the legal system in our country.The terms of the news public opinion,provides a disclaimer news dissemination and the supervision of public opinion,combined with our existing legal norms,and cooperate with the community autonomy,enough to play a public figure since the media age Theory is expected to protect the role of free speech.