Media Supervision By Public Opinion And Infringe Boundary Problem Research

The media plays a very significant role in our social lives. Especially in today, the increasingly developed media has become a useful tool to acquire information and to safeguard rights. Of course, public opinions’supervision of the media is quite crucial, but it does not mean that this kind of right and freedom cannot be restricted at all. Public opinions’supervision of the media is a double-edged sword and it is likely to be the murderer making inroads on civil rights if it is not used correctly. In recent years, the cases that the media inroad reputation emerge in endless, and more and more media are charged as the defendant. So the relation between public opinions’supervision of the media and infringement of reputation has become the focus of the press and the jurisprudence.At the basis of using seniors’researches, this paper also combines with the problems appear in the practices of news and justice. The first part introduces that the basic theory of both public opinions’supervision of the media and the right of reputation, and the meaning to protect these two rights. The second part elaborates that the collision and balance of these two, and gets two major reasons of how the conflict happened between public opinions’supervision of the media and the right of reputation. One reason is that there is a kind of value conflict between the two, and another reason is related laws are not sound enough. The second part also figures out that at present when facing the collision of these two, our country should conduct corresponding acceptation or rejection by putting public opinions’ supervision of the media and reputation into the social backgrounds of reality and the macro value orientation of law and using the interest balance theory in line with the spirit and principle to protect both of them. In the third part, this paper analyses how to distinct the border of legitimate supervision of public opinion and encroachment of reputation in detail and points out four matters that must pay attention to. These four points are the manifestation of the encroachment of public opinions’supervision of the media to reputation, the judgment standard of causality, the identification of media’s fault, and the contradicted reason of media. These four issues are the key factors to differentiate public opinions’supervision of the media and infringement of reputation. Authenticity is the most important one in the news five factors, so news distortion is the most significant infringement behavior of the cases that the media inroad reputation. Therefore, the author focuses on news distortion and how to distinguish objective fact, legal fact and news fact.