On Legal Protection Of Internet Honor Right And The Limits Of Liberal Expression

In the network environment, freedom of expression and the conflict between protections of reputation, freedom of expression is an important basic human rights, reputation is an important personal right, the balance of interests between the need to reach. This freedom of expression in the network and network theory of defamation, the network of legal practice, the right of reputation protection, the network the right to freedom of expression and the balance between Internet Reputation three aspects of interpretation and exposition.The first part is the network of honorary freedom of expression and the network theory of infringement. Network citizen's freedom of expression is recognized in law or circumstances, through the network that shows or public transfer of ideas, opinions, views, ideas, feelings, or information, knowledge, etc. of others without interference, restraint or punishment of free. Internet defamation is the online release information through various means of communication, of speech infringed the reputation of citizens or legal persons, and to reduce the social evaluation or derogatory behavior, which means of communication, including text, images, sound and other forms of.The second part is the network of Legal Protection of reputation practice. First, the way the case was introduced four major networks currently form of defamation: the network service provider disputes triggered release information, the network users to infringing content publishing electronic bulletin board services, Internet users publish a blog or personal homepage infringing content, network users dissemination of infringing content by e-mail. Published online users in the network information, of speech caused by defamation, the network service provider whether or not to bear the responsibility, the legal experts attributed this proposed three principles: the principle of strict liability, exemption principle, the principle of fault liability. Strict liability refers to the network service provider for network users to publish content on the Internet due to infringement liability. Strict liability here, not "Tort Liability Act" the strict liability, but rather refers to the network service provider for network users to jointly and severally liable infringement. Disclaimer principle refers to the network service provider is not available online content users in any liability arising from infringement. Principle of fault liability is not if the network service provider network users to make content available online to a reasonable duty of care, we should bear corresponding responsibility.The third part is the network and the network of freedom of expression balance between protections of reputation. Networks need to be protected freedom of expression; freedom of expression is a human spiritual need, if the individual can not fully enjoy freedom of expression, the meaning of the individual as a person would be questioned. Internet Reputation protection of the right to have reasonable boundaries, especially for a particular person's intemperate comments of public figures, these statements constitute defamation, resulting in the victim's lower social evaluation, and comprehensive to be judged. Points from the nature of speech, of expression and opinion can be divided into factual statements, limiting the expression of false statements of fact should be, but on the advice of a mistaken view of speech be limited in it is inappropriate, the views of speech and the fact that constitute defamation of speech should be different that standard, our legislation is necessary to learn the facts of the case in other countries of expression and opinion and the practice of speech, freedom of expression to establish a more comprehensive rules. Legal norms in the use of our network of honorary violations corrected, we must promote moral self-discipline mechanism to promote the formation of healthy network environment.