Research On The Basic Characteristics And Identification Criteria Of Self-media Insult Infringement

The characteristics of diversified self-media subjects,rapid dissemination speed,diverse content,and timely release give ordinary netizens greater discourse space,making users more freedom to express their opinions in the network environment,and they will likely infringe on the reputation of others in an insulting way.Compared with traditional infringements,self-media insult infringement is not only a direct transfer between reality and the Internet but also has stronger harm and deeper impact.In recent years,the number of cases in which self-media creators have been used as the subject of litigation has been increasing,and the practical problem of self-media insults and infringements has become more and more serious.Only by having a clear understanding of the insults that occur in the Internet environment and regulating the behaviors that endanger others can we promote the benign development of self-media and then play its social function.Based on the historical evolution and communication characteristics of self-media,this paper first summarizes the meaning,reasons for the occurrence,and actual performance of self-media insults,aiming to clarify the connotation of self-media insults.Secondly,taking the precedents of self-media insult infringement on the China Judgment Documents Network as a sample,the characteristics of self-media insult infringement litigation cases are explained in detail,and the reasons for them are explored.On this basis,the problems existing in the media insult judgment process are summarized,and the criteria for determining self-media insult are typed from the subject of the dispute,the standard for infringement of the right to reputation,the classification of the types of self-media speech,and the necessary limits for the expression of self-media opinions,to establish the criteria for determining self-media insult infringement.Based on the above research,this paper finds that the number of self-media insult infringement litigation cases shows the characteristics of increasing number,diversifiedidentities of the original defendants,obvious differences in the types of causes of action,and high success rate of cases,but there are also problems such as blurring the boundaries between criticism and reporting and infringement,difficulties in dividing the management responsibilities of network service providers,and difficulties in identifying the provision of false news materials.Based on this,the author proposes that the criteria for determining self-media insult infringement should be constructed from the following four aspects: First,when determining the identity of the subject responsible for the dispute,the self-media should be distinguished from the official media and network service providers;second,the self-media insult infringement should meet the four basic constituent elements of the damage facts,illegal acts,causal relationships and subjective fault of the infringement of the right to reputation;third,the types of self-media insult and infringement speech need to distinguish between opinion expression and fact statement;fourth,Self-media insults and infringements shall distinguish between the limits of opinion expression and personal attacks,and shall adhere to the principle of weighing interests and the principle of integrity.Finally,through the multi-dimensional definition of self-media insults,the standards for self-media insult infringement are clarified and a self-media infringement determination mechanism is constructed,to promote the trial of self-media insult infringement acts to be more fair and reasonable.