Research On The Legal Liability Of Internet Defamation

The analysis of tort liability can not be separated from the three elements of subject,behavior and object.Through the subject to implement the act,the act must be targeted,otherwise there will be no damage consequences,there will be no tort liability.In terms of behavior,the article is similar to Paul F.Lazarsfeld’s communication theory,which divides network defamation into primary communication and secondary communication,focusing on whether it constitutes defamation.Compared with the traditional elements of defamation in a communication,there should be content of defamation and clear victims,but it does not need to be clearly pointed out.In the second transmission,in addition to the substantial modification of the speech,we should also consider the duty of care of the forwarder,and different types of forwarders have different duties of care.In terms of subject,there are two types of subjects in the network environment,one is network users,the other is network service providers.The principle of fault liability is applicable to the determination of the fault of network users.The fault determination of network service providers pays more attention to the analysis of their duty of care.In terms of the object,the article lists three special subjects of network defamation,namely,public figures,legal persons and network stores,and analyzes the differences in the identification of their responsibilities by virtual subjects.If the infringement is caused,it is necessary to discuss how to bear the tort liability.Defamation is often accompanied by the loss of spiritual interests,but the law does not give specific provisions on how to quantify the amount of compensation for spiritual damage.Through analyzing the existing judgment and judicial interpretation,this paper discusses that fault should be the primary consideration factor in the compensation for mental damage and the identity and social status of the victim should be analyzed in the damage consequences,while the local economic level and the profit of the infringer are the auxiliary factors to be considered.Where there is liability,there will be exemption from liability,but what is an effective defense is a question that both the court and the parties need to consider.The essence of defamation is malicious,false speech,starting from its essence,effective defense can include the fact that it is basically true,not necessarily completely true;fair comments without malice and so on.The newly issued legal provisions have given new connotations to the provisions on regulating online defamation.Attention should be paid to the exercise of the new rules,the exercise rules of the right of notification and the right of counternotice,and the understanding and application of the relevant rules and provisions in the newly issued personal Information protection law.