Protection Of Personality Right Under Microblogging

The Right of Personality, as a basic human right, includes many specific personality rights like the reputation, privacy, name, portrait, and so on. This with the development of society and the progress of era, the content of the right personality continue to expand. Nowadays, the pace of life is increasing with the advancement of technology and the development of mass media. People’s personality interests are violated in various forms, therefore protecting the personality interests, standardize the protection mechanism of personality rights has gradually become the common task faced by various countries.When the world has entered the information age, as a popular kind of social and communicational tool in today’s society, Micro-Blog played its important function that neither traditional instant network communicational tools nor email service can achieve. Every "blogger" who is user of Micro-Blog can be a publisher or an announcer, since Micro-Blog regards "freedom of speech" as a flag. However, Micro-Blog was built by an open environment which is low cost and low limit, due to the lack of legal constraints, blogger may while which get more information from Micro-Blog, and a series of infringement of the Right of Personality are emerged endlessly, such as expose others’ privacy; identity theft; attack, abuse, slander, libel or insult other blogger. The new media, which is personalized, has come out of its potential disadvantages.Micro-Blog’s environment of "freedom of speech" does not mean that there is no responsibility, nor to enjoy special rights or even special immunity. People’s choice of the platform of public expression from traditional media like books, magazines, newspapers, gradually turned to the internet. They prefer to release information freely and independently, and the mass of public space is shared. Under the comment environment of Micro-Blog, the infringement of the Right of Personality presents different legal characteristics from the traditional infringement. This new social phenomenon can not be modulated and regularized by traditional tort remedy.Following the increasing development of global internet information, to optimize the protection mechanism of the Right of Personality has been included in the scope of the legal adjustment, especially for Micro-Blog comment environment. Safeguarding the legitimate rights and interests of the public Micro-Blog users, should be the first principle accompanied by commercial media like Micro-Blog, as well as an inevitable element to promote healthy development of the internet environment.The legalization of the Right of Personality, which is to comply request of the age, has its legal basis in theory. Through the Civil Law norms to protect "the right of the personality" so as to establish a complete system can maintain "the right of the personality" better. When the comments on Micro-Blog are infringed "the right of the personality", the subject of the tort include bloggers, who are users of Micro-Blog, and also Micro-Blog service provider.Tort imputation principle of the Right of Personality from the Micro-Blog Speech should apply "Fault Liability Principle", that is, if Micro-Blog comments’publishers, reposters, or internet platform service providers publish information, repost comments, or provide platform service unreasonably or negligently, and ignore their basic duty of care, thus he must assume the tort liability. The victim of infringement act from Micro-Blog Speech bears not only mental damage but also property drain. In addition, as like the scope of the commercialization of personality rights, and property, the scope of property damage is expanding increasingly. In this kind of case, once victims can prove the correlation between proved the possibility of loss they take and comments on Micro-Blog, they will reach the purpose. On the other hand, comments’publishers have to demonstrate the non-relevancy between damages and comments; if publishers cannot offer the evidence of non-relevancy, then causal relationship is established. The tort subject of the infringement case that "the right of the personality" is violated by the Micro-Blog Speech can put in a demurrer not only against general tort defenses but also special defenses such as authenticity of speech; victim is a public figure; and justification of comments.In order to give the victim more complete relief in play to the internet at the same time, better protection of personality right of free speech must be further concrete personality right system in the legislation; to establish the rules of the general personality right, the responsibility of the correct definition of the Micro-Blog service provider, solve the problem of Micro-Blog for violations of personality right of contentious jurisdiction, balance the conflict of the personality right and other rights, complete the compensation system for spiritual damage and so on; complementarily, control by the corresponding technical means and make policy guidance.