Research On The Problem Of Self-media Reputation Infringemen

The emergence of "we media" is a major innovation in the field of news media,which has changed the phenomenon of traditional news media unilaterally controlling information dissemination.The public is no longer passive information recipients,but also active information publishers,freely express their views and fully exercise the right of freedom of speech.Compared with traditional media,the information released by we media lacks strict censorship procedures,so it is easy to appear some information that is irrational or even infringes upon the legitimate rights and interests of others.When "we media" infringes,it is difficult to judge whether it is for the purpose of profit,and then it is difficult to identify whether the behavior from the media is conducted as an operator or as a consumer,so it will bring some difficulties to the judicial trial.Nowadays,with the rise of "we-media",some of the behaviors of such "we-media" are individual behaviors,and some are organized.Whether the negative evaluation of such "we-media" infringes the right of reputation of merchants needs to be further discussed by combining the characteristics of "we-media".Through the case of Hechuan District against the king in Chongqing,this paper leads to some problems faced in the adjudication process,and then makes an in-depth study on the problem of reputation infringement of we-media.First of all,explore the constitutive elements and exemption reasons of the reputation infringement of we-media,so as to determine the tort liability of we-media.In this paper,by combining the particularity of the media of the reputation infringement,which for the profit of the media and non-profit from the media to distinguish,to distinguish the tort liability,at the same time,also analyzes the various infringement subject in specific circumstances can claim the exemption.Secondly,to explore the identification of infringement subjects in the reputation infringement cases of we-media.When we media " infringes,because the infringement usually occurs in cyberspace,it will involve multiple infringement subjects such as network users and network service providers.This paper classifies network users and network service providers,so as to clarify the circumstances under which each subject constitutes infringement.It focuses on the analysis of how to identify the infringement subject,when the nature of we media is a network marketing number,because the registrant and the actual controller are often not the same person.Finally,we will explore the liability of reputation infringement of we-media.This paper to network users and network service provider two kinds of subject each need to bear the most basic responsibility,and in different cases and other subjects share joint liability for the specific analysis,after stop the infringement,eliminate influence and restore reputation,apologize,damage compensation four responsibility in the particularity of the media reputation infringement cases,so as to curb for-profit media abuse its criticism right to profit behavior,make the infringed get effective relief.