Research On The Methods Of Responsibility Of ISP In The Reputation Infringement

With the development of the Internet, especially the mobile Internet, the phenomenon of infringement of interests of others which include privacy right、reputation right and intellectual property by internet services becomes more and more, the network reputation infringement is the most prominent. The biggest difference between the network reputation infringement and the traditional reputation infringement is that there are network individual users and the network operators in the network reputation infringement. In the judicial practice, the tort responsibility identification problem of internet service provider hasn’t been unified. In the reputation infringement that the plaintiff hang sue the defendant some television in Changsha and defendant website. The contentious issues are whether the video in the case constitutes conduct infringing rights and some television in Changsha and defendant website should bear the tort liability. Whether the defendant website which is internet service provider shall bear tort liability depends on whether the defendant website is intentional and executes the reasonable duty of care. According to article 36 of the tort liability law, the network service providers do not assume tort liability when it takes measures such as shielding, breaking links and so on in time after received the notice. In the case, the defendant, some television station in Changsha, has been sentenced to bear tort liability because the comments of the video in the case is inappropriate and defendant website hadn’t been sentenced to bear tort liability because it took some measures in time and didn’t expand influence. The facts are clearly ascertained and the application of law is right in the first-instance judgment in the Changsha Tianxin court, but the reason why the defendant website doesn’t need to bear tort liability isn’t sufficient.