Research On The Protection Of Reputation Right Involving Public Interest Under Network Environment

At present,there are many problems in dealing with the disputes of reputation rights concerning public interests in judicial practice in China.In the absence of legislative basis,the public figure theory,as an argument to limit the group reputation rights of public figures,is frequently used in judgment documents to protect speech involving public interests,and tends to become "folk law".However,the theory of public figures not only has inherent defects in the traditional environment,but also has no applicability in the current rapid development of network technology.It can not effectively protect the freedom of public speech,but also causes certain obstacles to the protection of the right of reputation,so it is not suitable for moving into China’s legislation and judicial system.Protection,public speech is the topic of times inevitable,such protection is one of the world to a democratic society common practices of the country,is a means to differ,but the more thorough research on the problem of Britain,the United States,Germany,Japan and other countries are inclined to the public interests as the standard to adjust conflict between reputation and public comments.China follows the trend of the world in legislation.Article 1025 of the Civil Code provides for the first time on the legal level the right of reputation involving public interests.But at present,it is obviously difficult to adjust the complicated interest measurement in the cases of reputation infringement involving public interests.Through the analysis of China’s legislative and judicial status quo of public interests reputation,found mainly exist the following problems:first,theory of public figures in practice still has a strong influence,but for public interest and the related concept has no certainty in law,related research is less,the public interest principle in practice few apply.Secondly,the nature,procedure and other details of the personality injunction system to prevent the expansion of reputation damage are not clear,so it is difficult to apply it in practice.In addition,the fault imputation principle in public interest reputation right cases can not reflect the difference from the general reputation tort,the distribution of burden of proof is not targeted,the defense system is not perfect,the rules of liability for compensation is unclear,and the responsibility of the network platform is unclear.Through comparative analysis and reference of the libel act of the United States,The United Kingdom,Germany,Japan and other countries on the protection of public interest reputation right path,this paper believes that China should improve the protection of China’s reputation right from the following aspects:1.Define the scope of the concept of public interest,the protection of public interest reputation rights;2.2.Improve the prohibition system of cases involving public interest reputation rights;3.The imputation principle of intentional or gross negligence should be adopted for disputes involving public interests,and the distribution of burden of proof should be determined according to its constituent elements.4.Set up system defense system;5.Detailed rules on liability for compensation.Under the network environment of reputation to protect public figures also need network platform,from the point of network platform operation mechanism,the network platform in such cases of infringement is not completely innocent,in accordance with the principle of with responsibility,network platform should take management responsibility,to carry out the network real-name system,strengthen information audit and control marketing mechanism,Even for some users of the infringing speech should bear joint tort liability.