Research Defamation Network Environment Violations

The Tort Liability Law of the People’s Republic of China stipulates the relevantcontent of internet infringement in the form of the basic law for the first time, whichprovides the fundamental legal basis to resolve the problem.In addition, the StateCouncil promulgated Regulations on the Protection of the Right of Communication.The Supreme People’s Court promulgated Application of Laws on the trial of civildisputes against the right to network dissemination of information provisions. TheState Copyright Bureau announced Copyright Law（revised draft of the second draft.The above three documents have ruled the related content of violating the right ofnetwork dissemination of information. On the whole there is a comprehensive legalsystem of copyright.Compared to perfect system of the internet infringement ofcopyright， the field of internet infringement of personal rights in China is the lack ofspecific provisions.If there is only the tort liability law, there will be lack ofoperability in practice.In this paper, I will focus on the right of reputationinfringement in the cyberspace.The first part discusses the main ways and characteristics of the internetinfringement of the right reputation. Compared to the traditional right reputationinfringement, the internet infringement of the right reputation concerns the networkservice provider.Then I analyzed all types of internet service providers and theirinformation review obligation and other related duties, which has the foundationalsignificance to define the responsibility of the network service providers.The secondpart of this paper mainly discusses the classification and its relevant obligations ofinternet service providers, including taking the necessary measures, a review of thenetwork users to publish information, to give notice of user’s obligations to thenetwork users and to provide the obligation of information disclosure. Compared tothe traditional right reputation infringement, internet infringement of the rightreputation has its particularity in the constitutive requirements. Imputation principle isa prerequisite of the constituent elements.The third part of this paper discusses theimputation principles, constituent elements and special features of right reputation in the network environment, which is different from the traditional right reputation. Thefourth part of this paper discusses liability undertaking, scope, form and exemptionsof the right reputation infringement in the network environment.Through the above discussion, network service providers as well as the networkusers can know their respective rights and obligations. I hope this paper could providesome reference for the solution to the problem of China’s right reputation of internetinfringement and improve the related system of solving the problem of our internetinfringement.