| We-media is a way for the general public to connect through digital technology to provide and share facts and news about themselves.We media has broadened the channels and provided convenience for citizens’ freedom of speech.However,while we-media guarantees freedom of speech,it also inevitably brings a large number of reputation infringement problems.We-media reputation infringement not only conforms to the elements of traditional reputation infringement,but also has its particularity.In terms of infringing subjects,not only the publishers of infringing content,but also reposters and self-media platforms may be included.In terms of infringement,it has the characteristics of low cost and more diversified forms.In terms of damage results,the social evaluation,property loss and mental damage caused by We-media reputation infringement are more serious than traditional reputation infringement.In terms of defense reasons,the responsible subject mainly defends the content around the basic truth,proper supervision,public discussion,derogation from the protection of the reputation of public figures,and timely deletion of the platform after receiving the notice.In terms of protection methods,the self-media platform cooperates with the breaking of the infringing link,and the apology is published on the self-media platform.The current laws and regulations on We-Media reputation infringement are scattered in various departmental laws,and the main part is concentrated in the Personal Rights Section and Tort Liability Section of the Civil Code.In judicial practice,the review points of we-media reputation infringement cases focus on how to draw the line between we-media reputation infringement and freedom of speech,how to determine subjective fault and the causal relationship.After sorting out relevant laws and regulations and judicial cases,it can be found that there are problems such as insufficient supply of legal systems,loopholes in relevant rules,difficulties in evidence preservation,and low compensation standards for property losses.Western countries have taken the lead in using self-media technology,so they have formed a relatively complete legal regulation system for self-media reputation infringement,including the protection of reputation rights that distinguish ordinary users and public figures,balance freedom of speech and protection of reputation rights,Strengthen the supervision of the self-media industry and distinguish the types of self-media service providers.Combined with the enlightenment of foreign relevant laws and regulations to our country and my country’s national conditions,to solve the problems existing in the legal protection of my country’s self-media reputation infringement,we can start from two aspects: improving the legal system and co-governance mechanism.In terms of improving the legal system,strengthen the supply of the legal system,make up for the loopholes in the relevant legal rules,improve the evidence preservation system,and introduce a punitive compensation system.In terms of improving the coordination and co-governance mechanism,deepen the supervision function of the administrative department,give full play to the role of the Internet Society,strengthen the self-discipline of the we-media industry,and strengthen the self-purification function of the we-media.Through the above measures,we hope to reduce the phenomenon of self-media reputation infringement and promote the healthy development of the self-media industry. |
