Analysis On The Infringement Of Reputation Right By News Report

With the promotion of media convergence to the trend of in-depth development,to make the trend of mainstream public opinion bigger and stronger,the news media will assume more and more public opinion oversight duties.However,based on the fact that the news highlights attention to the timeliness and the great subjectivity of the news content,the news report infringement of the reputation right presents a high-profile situation.Paying attention to the protection of press freedom may damage the public’s reputation,and attaching importance to the protection of the reputation right will leave the news media that perform the supervisory function without breathing space.The truth is in the content of the news.It is the first criterion that news work can never be overthrown.,In the process of seeking a balance between the two,the key is how to ensure that the content of the news report is true.The truth of the news often determines whether it constitutes a violation of the reputation of a particular subject,such as public office.Personnel should also be considered,whether the reprinted media should bear tort liability.The paper selected four cases concerning the infringement of reputation rights in news reports.The focus of the disputes in the four cases basically is related to whether the content of the news reports is true or not.There are two common controversial issues surrounding the truth of the news: whether public officials should bear more tolerance obligations and the extent to which the reprinted media needs to bear tort liability.In view of the current academic and judicial practice,there are different views on the above disputes,summarizes a large number of cases,through the analysis of relevant laws and cases,and demonstrates the following points: First,the news facts are basically true and there are sources of reasonable belief as facts,including the news comments.The factual basis and no malice can constitute a defense against infringement of reputation rights.Second,the minor damage that public officials may cause to news reports should be tolerated,because this part of the reputation is actually given by the public;third,the reprinted media is not completely responsible,when the reprinted media does not fulfill the obligation of review or knowing of the infringement and reprint the infringing news,it should bear the responsibility of tort rights.