On The Legal Remedy Of Network Speech Infringement Of Reputation Right

Freedom of speech is an important embodiment of the freedom of human rights.It is the basic right that people enjoy to express their thoughts and views through various means.The right of reputation is an important embodiment of the right of human rights and dignity.It is the personality right that civil subjects enjoy to protect their own social evaluation from being infringed.Due to the differences between freedom of speech and right of reputation in attributes of rights,forms of expression,value orientation and subjective differences of right subjects,there are almost "natural" and inevitable "contradictory disputes" between them in the exercise of rights.Today,with the arrival of 5G era,the network has been developing more rapidly,and various short videos and social platforms are wildly popular,which makes it convenient for people to express their wishes and further expand the way for people to exercise their freedom of speech,namely,network speech.However,with the expansion of freedom of speech,the contradictions and conflicts between network speech and the right of reputation increase rapidly due to the particularity of network speech.Moreover,due to the current legal consciousness of regulating the exercise of freedom of speech and actively protecting the right of reputation is not very perfect,it is easy to cross the boundary infringement by arbitrarily exercising the right of freedom of speech,while the right of reputation of citizens can not be timely and effective protection and relief.In addition,in the legislative and judicial aspects of the conflict of network speech and reputation right,there are still deficiencies in existing provisions,for example,the legislation of the law is not detailed enough and lack of the correct handling of the conflict of principles and standards;In judicial practice,there are a series of problems such as "difficult","inconvenient" and "useless" in the relief of the right of reputation.The national government also lacks strict and effective censorship and supervision on the release and dissemination of online speech.Therefore,based on the reasons why the freedom of speech and the right of reputation are easy to conflict and the deficiencies in the judicial legislation of our country,this paper tries to put forward some targeted suggestions to ease the contradictions between the freedom of network speech.This paper consists of four chapters.The first chapter mainly analyzes the concepts,values,characteristics,existing regulations and the relationship between freedom of speech and right of reputation on the Internet.The second chapter is a systematic analysis of the four main torts of the network speech infringement,which are disclosure of privacy,slander,insult of personality and defamation of image.The third chapter is the analysis of the multiple reasons for the infringement of reputation right by network speech,including the reasons and deficiencies of legislation,judicature,law enforcement,law-abiding and the particularity of network speech.The fourth chapter puts forward remedies that can be taken to deal with the infringement of reputation right by network speech in view of the problems exposed in the third chapter.Specifically,it includes perfecting the specific provisions of freedom of speech legislatively,clarifying the boundary of the right of freedom of speech,refining the identification criteria for the protection of reputation right,and establishing the principle of priority protection and differentiated protection based on the principle of measuring interests.Judicially solving the problems of difficult proof,long cycle and high cost in the relief procedure;The relevant government departments set up special network supervision institutions to strengthen the review and supervision of network speech;Measures to cultivate and improve citizens’ comprehensive legal literacy.