A Study Of The Application Of The Defamation Injunction System In U.S. Law

In the beginning,the courts refused to apply injunction in defamation cases because of the distinction and balance between common law and equity.Later,along with the development of modern society,especially the development of the Internet and information technology,it is difficult to achieve adequate relief for victims of defamation by relying only on damages,and injunctive relief with the content of cessation of infringement and restoration of reputation has become a more desirable remedy,and the "modern rules"supporting defamation injunctions have gradually appeared in judicial precedents.".The modern rule holds that the court can issue an injunction after a full hearing that the respondent constitutes defamation,but only a permanent injunction.The emergence of the modern rule,while enabling the application of permanent injunctions in defamation cases,still suffers from problems such as the unmet need for urgent relief for victims.In order to provide timely relief to defamation victims,courts are gradually applying temporary injunctions in defamation cases.The criteria for applying defamation injunctions focus on the determination of the defamatory act,the damage suffered by the applicant,and the weighing of the interests of both parties;the procedures for applying temporary defamation injunctions focus on achieving the minimum procedural safeguard requirements through the procedures of notice,hearing,and security.Compared with the civil law system,the defamation injunction system for defamation infringement of inaction,the purpose of relief is the same,the applicable conditions are similar,but based on the different litigation structure of the two major legal systems,and the specific settings of the procedure is different.The common law injunction has procedural independence and is an independent injunctive relief.In contrast,the civil law system’s remedy of cessation of infringement of reputation is a dichotomous structure of "provisional measure + final judgment".China’s reputation infringement for the cessation of infringement relief,can be applied to the Civil Code of the People’s Republic of China,Article 997 of the right of personality injunction,can be borrowed from the English and American defamation injunction for irreparable damage,measurement of interests and other substantive law rules,but the need to distinguish between the two legal systems on the basis of the differences in the structure of litigation,independent injunction procedures and tort litigation procedures for the interface.