Research On The Authenticity Defense Of Network Reputation Infringement

In cases of infringement of reputation rights in online news reporting,the defense of authenticity is the most commonly used and powerful defense for news media.With the rapid development of the Internet,the scope of reputation infringement has also been continuously extended,but the rules of authenticity defense face many application difficulties in specific judicial practice.Only by fully understanding and researching the legal principles of authenticity defense can we safeguard the legitimate rights and interests of the media in online reputation infringement litigation,encourage the media to strengthen their own reporting standards,and continuously improve the authenticity of information content.In addition,it is of great significance to fully understand and study the reasons for the defense of authenticity in order to balance the fundamental rights conflicts between freedom of speech and the right to reputation as stipulated in the Constitution.Therefore,this article combines specific litigation cases to analyze the scope of application of the authenticity defense rule and optimize the construction of the reputation right infringement defense system.This article conducts research on the relevant legal principles of the authenticity defense rule,analyzes the constituent elements of the authenticity defense rule,and accurately grasps the essence of the authenticity defense rule by reviewing relevant literature at home and abroad,laying a foundation for further optimizing the authenticity defense rule of online reputation infringement.In reviewing and studying cases of online reputation infringement in China,it was found that the application frequency of the defense of authenticity in online reputation infringement litigation is relatively high,but it faces many difficulties in judicial practice,specifically in three aspects:firstly,the legal provisions and judgment standards for authenticity defense are vague;Secondly,the allocation of burden of proof for authenticity proof is relatively chaotic;The third is the inadequacy of the public interest elements in the defense of authenticity.In response to the above problems,this paper adopts the comparative research method,and on the basis of comparative research with the common law system of Britain,the United States and the civil law system of Germany and Japan,puts forward suggestions for the optimization of China’s online reputation infringement authenticity defense rules,including the following four aspects:first,improve the authenticity defense legal interpretation and judgment standards;Secondly,clarify the allocation criteria for the burden of proof of authenticity;The third is to establish a defense of authenticity without public interest purposes;The fourth is to establish the principle of false belief defense in authenticity.