| Truth is the life of news,the basis of media credibility and the basic criterion of journalists.Every journalist should stick to the principle of news reality,so that every element of the report,every detail is consistent with the objective facts.The truth of news is not only a news business issue,but also an important legal issue.Especially in recent years,more and more media have gone to court because of untruthful reports,and most of them have lost court because of untruthful reports,so the issue of news reality has attracted more and more attention.“Basic reality” originates from the provisions of the Supreme people's Court concerning the answers to some questions concerning the hearing of cases of right of reputation in 1993 and the interpretation of certain questions of the Supreme people's Court concerning the hearing of cases of right of reputation in 1998.“The problem reflected in the article is basically true,and if there is no insult to the personality of another person,it shall not be regarded as an infringement of another person's right of reputation.” As a result,“basic truth” has become one of the important standards to determine whether news reports constitute reputation infringement in our judicial practice,which determines the success or failure of media litigation.“Basic reality” is a kind of understanding and recognition of news reality in legal level.“Basic reality” and news reality are different cognitive activities under “one” reality,and they are inextricably linked.However,the law does not clearly define “basic reality”,it makes the standard very vague,which is not conducive to the media to foresee the legal risks that exist in reporting.And it is also difficult for media that grasp the boundary of “basic reality” to avoid reputation infringement.Therefore,it is of great significance to study “basic truth” and news truth,to analyze the connotation of “basic truth”,the relationship between "basic truth" and news truth,as well as its standard and logic.This paper puts the issue of news reality into the dual perspectives of journalism and jurisprudence,using the methods of content analysis and case analysis,and selecting 302 media reputation infringement judgments form the Chinese refereeing documents as the research sample,to research on the judicial practice of "basic truth".Carry out comprehensive analysis,in order to provide new perspectives and new ideas for the study of news reality,and provide inspiration and reference for media to grasp the truth of news and then prevent the report from reputation infringement.The full text is mainly divided into the following four parts.The first part gives an overview of “basic reality” and news reality.Through the semantic and historical investigation of the two judicial interpretations,this part summarizes the background and historical origin of “basic reality”,and makes a clear connotation of the “basic reality”.Subsequently,the concept of news reality is defined,and by comparing the new reality with the objective reality and the legal reality to clarify its further meaning.Finally,based on the above analysis,the relationship between “basic reality” and news reality is summarized.The second part analyzes the status quo of litigation on the problem of news reality.Mainly through the statistical analysis of 302 sample judgments,summed up the situation and the characteristics of the case involving the problem of news reality,so as to grasp the overall overview of the lawsuit.In addition,this part concludes three main reasons that leads to the “abnormal” phenomenon of “high media winning rate”.The third part analyzes the judicial practice of “basic reality”.By analyzing a large number of judgments,we can see how the court judges whether the news reports are true or not,and thus summarizes the “basic truth” identification standards,the identification logic,and the identification of several inaccurate situations.Finally,it also summarizes the specific problems in the “basic reality” practice.The fourth part summarizes the impact of “basic reality” and media response.Based on the analysis in the previous chapters,this section summarizes the positive impacts and challenges of the “basic reality” standard on our journalism industry,and proposes some operational suggestions for the media to grasp the “basic reality” and news reality.The main point of this paper is that the court has four criteria when it comes to the identification of “basic reality”,that is,whether there are reasonable and reliable sources of information,whether it is consistent with the authoritative news,whether it is fulfilling the obligation of truth review,and whether there is a clear tendency.According to these four criteria,the court judges the truth of news reports according to two logical ideas.Therefore,the media should proceed from these four standards and court logic,with the “basic reality” as the bottom line and the new reality as the appeal,to fulfill the professional mission while not legally infringing. |
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