The Dilemma And Countermeasures Of The Protection Of The Reputation Of Entertainment Stars In The Era Of We-Media

The emergence of we-media brings many conveniences to the public life,broadens the public expression channel,and makes the speech environment more relaxed.In virtual cyberspace,user communication is even more free.However,freedom of speech has its limits.Excessive freedom of speech by users of we-media may harm the interests of others.The right of reputation in the right of personality is naturally opposed to it,and restricts each other.In recent years,disputes about the damage of others’ reputation right under the environment of we-media emerge one after another,especially the damage of entertainment stars’ reputation right.Because entertainment stars have a high degree of concern and their personal information is of public interest,users of we-media,out of curiosity or driven by profit,spy on,discuss,evaluate and even make up and spread rumors to slander them,thus damaging the reputation right of entertainment stars.Because of the insufficiency of legislation,there are limited ways and effects to give entertainment stars relief.This paper aims to analyze the dilemma of the protection of entertainment stars’ reputation in our country,and put forward some measures to reduce and restrain the infringement of entertainment stars’ reputation in our country.This paper is divided into four chapters,starting with the way of case introduction,and then it outlines the basic theory,reveals the status quo and dilemma,and explores the measures to improve the protection of the reputation rights of entertainment stars in the environment of we-media.The first chapter takes the case of Li Chen v.Fengshang Yunqi Company as an example.Based on the problems that the amount of compensation obtained by the infringing star is lower and the reasonable expenditure is not fully supported in the judgment,the author finds that the effectiveness of judicial relief for infringing star is lower and the reputation is more difficult to recover,which leads to the background and purpose of this paper.The conclusion is that our country still can not effectively protect the legitimate rights and interests of entertainment stars with damaged reputation,which will be discussed later.The second chapter is the explanation of the basic theory.First of all,based on the basic concept and form of expression of we-media,this paper clarifies that we-media environment belongs to the environment of frequent infringement,but also the hard-hit area of the reputation infringement of entertainment stars.Secondly,by narrating the difference between the right of reputation of entertainment stars and ordinary right of reputation,this paper explains that it is more difficult to protect their right of reputation than ordinary people in the scope of influence,extent of loss and subsequent recovery after their reputation is damaged,and then proposes reasons for special protection of their right of reputation.Finally,according to the legislative attitude of the Civil Code,it points out the trend of the times.The third chapter is about the status quo and predicament of the protection of entertainment stars’ reputation right under the environment of self-media.The main causes of the serious harm of the reputation rights of entertainment stars in the environment of we-media are the imperfect law,the poor effectiveness of judicial relief for the infringed,the ineffective audit and supervision of we-media platform,the absence of government supervision and the ineffective self-discipline of the industry.By elaborating the status quo of the protection of reputation rights and analyzing the current dilemma,this chapter points out the direction for exploring targeted solutions.The fourth chapter is the measures to improve the protection of the rights to reputation right of entertainment stars in the era of self-media.With respect to the five dilemmas currently facing in the protection of the reputation rights of entertainment stars in our country,we shall explore and put forward five targeted measures,namely,improving the legislative system for reputation infringement of the we-media,improving the effectiveness of judicial remedy for reputation damage of entertainment stars,improving the access and regulatory mechanism for we-media platforms,establishing a scientific and effective government regulatory mechanism,and promoting the gradual improvement of self-discipline of the we-media industry,so as to better protect the reputation vulnerable group from or less damage,or obtain more practical and effective compensation for its damage after being damaged.