Security Obligations Of Network Service Providers From The Perspective Of Reputational Rights Protection

With the development of the Internet,traffic can be directly monetized on the Internet.With the pursuit of traffic,the phenomenon of reputational right infringement within the network has become more and more serious.The legal relationship of reputation right infringement on the network platform includes the infringer,the infringed party,and the network service provider.Notice-Delete" rule.The development and application of the notice deletion rule has the background of encouraging the development of Internet enterprises in the early days.In the current situation where the reputation of the Internet is becoming more and more serious,its shortcomings have become more and more obvious in practice.The security obligation currently applies mainly in public spaces in the physical sense and is stipulated in Article 1198 of the Civil Code.Paragraph 2 of Article 38 of the E-Commerce Law states that the security obligation in the field of e-commerce has been applied in cyberspace,but its content is limited to the field of goods or services related to the life and health of consumers on the e-commerce platform.Based on the analysis of the judicial status quo of network service providers’ tort liability in reputation right infringement cases,this paper analyzes and categorizes reputation right infringement cases involving network service providers based on cases and existing theories and based on judicial practice.Through the analysis of the judgment results of the collected cases,it is found that the network service provider’s liability determination in the infringement of reputation rights under the current law is insufficient,and its infringement behaviors are classified.The main infringing acts of network service providers are omission infringement,the rich extension of security guarantee obligations,and the characteristics of solving legal relationship problems in the elements of omission infringement and indirect infringement,which help to make up for the current network reputation right infringement liability system At the same time,it expands the scope of application of the security obligation itself,and also provides victims with a greater choice of relief behaviors.The application of security guarantee obligations takes into account the balance between network development and information restriction,maintains the balance between order and personal freedom of speech,and realizes the reasonable distribution of tort liability,which is reasonable and justified.The security obligation of cyberspace has its particularity.The “danger”controlled by the security obligor in the virtual field and the object of the security obligation are different from the real field.The obligation to protect the person and property in the field under the operation or control,but in the cyberspace,traditional personal physical infringement is rare,and there are many infringements of personality rights,most of which are in the form of reputation damage caused by cyber violence.This is precisely the difference in the form of infringement under different services provided by network service providers and traditional security obligations.Based on the above argumentation,in order to better realize platform governance,reduce online reputation right infringement cases,and achieve better responsibility distribution,this paper proposes the setting of network service providers to assume security obligations in the field of reputation protection.The determination of violation of security guarantee obligations is based on inaction in violation of laws and regulations;the principle of attribution of network service providers for breaching security protection obligations should apply the principle of presumption of fault;the form of tort liability should be differentiated according to the specific content of the breached obligations,the direct infringement that violates the duty of prevention in advance shall bear full responsibility based on the principle of self-responsibility,and in the case of the intervention of a third party,the network service provider and the network infringing user shall bear joint and several liability;based on the characteristics of reputation rights as personality rights,network The tort liability method of service providers violating security guarantee obligations should adopt the comprehensive responsibility method of spirit and property;considering the basic logic of cyberspace security guarantee obligations and the flexibility of Internet technology itself,the reason for the exemption of network service providers is that the network technical force majeure.