Research On The Infringement Of Personal Reputation Right By Mass Media

In this essay, the related issues of the infringement of personal reputation right by mass media are mainly researched. Mass media is a relevant extensive concept; it covers two meanings, namely mass media transmission and mass media of communication. There are no related rules specially aiming at the infringement of personal reputation right in Chinese existing law, comparatively speaking, right reputation is relevantly mature theoretically and in the aspect of judicial practice and legislation practice. On the basis of borrowing ideas from the correlation theory research results of right reputation, aiming at the legal theory of natural person's right reputation issue, combining issues met in mass media practice and judicial practice, analyzing the current situation of infringing right reputation by mass media, in this essay, the author analyzes supervision by public opinion, free will expression, right reputation protection, and related legal questions and states the constitutive requirements, Iusta causa replicationis, and accountability of the infringement of personal reputation right by mass media.Specifically speaking, there are five parts in this essay to discuss the infringement of personal reputation right by mass media.At first, in the introduction part, the concept of mass media is defined, and the source of the infringement of personal reputation right by mass media in the process of spreading is explained briefly.The first part of this essay is the common inspection of the infringement of personal reputation right by mass media. In this chapter, firstly, combining the nature of mass communication's media of mass media, we sum up the characteristics of the infringement of personal reputation right by mass media, and analyze briefly the difference between the infringement of reputation right by mass media and common infringement of reputation right, to sum up the infringement of reputation right by mass media possesses bigger unspecific quality, its influences is profound, and its harm and results are inconvertible. In this chapter, we also analyze the generation source of the infringement of reputation right by mass media; its economic reason is perusing maximum economic interest, and its social cause is that mass public opinion social function shouldered by media raising the contradiction with personal reputation and interest. What's more, its internal value conflict cause is the irreconcilability between free will expression and personal dignity protection.In the second big problem, the constitutive requirements of the infringement of personal reputation right by mass media are explained in the angle of the constitutive requirements of infringement act. Combining the relevant regulation of the seventh term in Clarification on Several Problems about the Trial of Cases related to Reputation of the Supreme People's Court, observing from the aspect of constitutive requirements of liability for tort, the composition of the infringement of personal reputation right by mass media follows the component factors of ordinary infringement acts, namely behavioral ilegalidade, the existence of damage facts, the causal relationship between unlawful act and injury consequence, and subjective fault. The unlawful acts of the infringement of personal reputation right by mass media contain many types, that is, defamation, insulting behavior which makes others reputation damage, infringing upon others privacy that leads to the damage of their reputation, and the serious inconsistent with the facts of news report. What is needed to point out is that the content of personal reputation infringement composed by the illegality of this act must be published, and this content aims at specific person, who is not limited to someone or insult and slander by name. However, the damage facts of personal reputation infringement by mass media actually include the damage of reputation interest, namely the lower of social evaluation, soul pain, and the damage of economic interest.The third question in this essay is the iusta causa replications of personal reputation infringement by mass media, which is also the core chapter of this essay. At first, the value of iusta causa replications and the inevitable trend of developing from its blocking-up act to its infringement act are confirmed, so as to protect legal and reasonable mass media propagation behavior, and to point out the behavior scope that doesn't infringe personal reputation right. After that, four main iusta causa replications are discussed in detail, firstly, the authenticity of transmission content, if the transmission content of mass media can be proved to be true and objective, the lower of social evaluation suffered by right holder is the just and sound social evaluation that deserved by himself, which can not be regarded as the injury consequences of reputation infringement, and the reality of mass media's report content should be the reality of primary fact. Secondly, fair comment, the comment must be just, the subjective opinion of critics must be impartial in position, not start from favoritism or satire. And then the gain of this objective opinion should be based on objective fact, and this comment must be connected with social public interests. Thirdly, authority information source, the information channel of authority office is assured, even if information from authority department is affirmed to be wrong, which is unpredictable by mass media and news media. Fourthly, public figures, public figures draw lessons from concept and classification of legal precedent of the United States, and it clear and definite that when the right of personality of public figures is conflict with public opinion supervision power of the public, the right of personality should be obedient to public opinion supervision power without any reason. As the need of public figures to meet the public right to information, releasing part of personal interests to meet the public right to information, social justice, and balance of interest.Chapter four, accountability issues, in this chapter, we start from rules regulated by our existing law, to discuses the main bearing responsibility under different conditions. Under the circumstance of mass media infringing directly, media is the only responsibility subject; when media infringes because of issuing foreign works, mass media and the author of the work both are responsibility subject, but communications media should not undertake reputation liability for tort without subjective fault; the subject liability for tort of reproduced media should consider the subjective fault of reproduced media, namely he know perfectly well that the works infringe others'reputation right, he also reproduces it, which infringes others'reputation right. On condition that confirming responsibility subject, combining Chinese existing law, stating the accountability form of reputation infringement by mass media, which is divided into four forms, that is cessation of infringement, eliminating ill effects, rehabilitate one's reputation, offering an apology, and indemnifying for damage. What is needed to stress is that when uses accountability form, the principle of non-property liability and the principle of compensation should be used at first.Summing up the analysis of personal reputation infringement by mass media above, in the last chapter, the precautionary measures for this question are put forward, firstly, perfect related legislation and put forward law direct protection system for right of privacy, peel the protection of privacy right off from reputation right protection system; secondly, build the mechanism of preventing reputation infringement by mass media; thirdly, perfect the protecting system of network right reputation.