Research On We Media Reputation Infringement Problem

Under network technology's development and promoting,people's lives are more closely linked with virtual online world.Since American scholar Dan·Gillmor first came up the concept of we media in his article in 2003,we media platforms like Face book,RenRen blog,Micro blog and We chat have been developing at a astonishing speed,which pushes the use of internet to the summit.While we media brings a great convenience on information exchange,it also accompanied with a series of problems.Because the huge difference between we media platform and the traditional media on the dissemination of information,it's much easier to be an information releaser on we media platform.Compared with the traditional one,there is no strict procedure to estimate and examine the information release process,by simply register on the platform,everyone can send and broadcast their message to the whole world,but the truth of information can not be guaranteed.Thus due to the differences on the personal quality,moral standard and understanding of law of we media users,their actions on the platform is unpredictable that some harmful and illegal information may get a chance to spread.The unreal and misleading information has seriously damaged the public order in network and misleading information may get a chance to spread.The unreal and misleading information has seriously damaged the public order in network and citizens' legitimate rights.The most frequent damage behavior is Personality Infringement such as defamation,insult and Privacy Infringement.The article will discuss and study the issue from aspects as the definition of we media and traditional reputation infringement,protection measures established by typical countries and its revelation,current legal protection of right of reputation on we media and its shortage and finally make recommendations of how to improve the protection measures of personality rights under we media environment.This article is divided into four parts: The first part of the Supreme People's court announced eight cases of network infringement of personal rights and interests of one of the cases as a breakthrough point,through the analysis of the case,leads to the legal issues behind the phenomenon.The second part introduces the concept,features from the media,based on the reputation of the traditional civil law definition,combing the traditional tort theory,further analysis from the media environment infringement and infringement characteristics.At the same time,in view of the value of the protection of the right of reputation and freedom of speech there is a certain conflict,this paper also expounds the different modes of conflict coordination,clear the interests of the two rights.The third part mainly introduces the foreign and China's relevant legal regulation,first of all in countries outside the United States and Germany as an example,make an analysis about the regulation's current status;secondly China's relevant laws and regulations are analyzed,which made in China since the problems and shortcomings of media reputation infringement in.The fourth part discusses the protection measures from the media environment to the right of reputation,including division of the subject of infringement,the definition of imputation principle,distinguish responsibility,and learn from the useful experience of foreign countries,self-discipline,part of real name system the author of industry regulation in China under the network environment infringement system proposed to solve the problem.