Research On The Legal Issues Of Notification Rules In Online Infringement Of Personality Rights

With the enrichment of online service methods,the types of rights and interests damaged by people’s participation in online life are also changing.Not only does it include intellectual property rights,but also personality rights such as name,reputation,portrait,privacy,etc.Article 1195 of the Civil Code stipulates the notification rules in China’s network infringement system,but there are still some problems in its specific application.This article uses case analysis and literature research methods to propose the legal application of this rule in personality rights network infringement through three cases.Then,it conducts a legal analysis of the particularity of the application of notification rules in personality rights network infringement,how to recognize right notifications,what obligations network service providers have after receiving notifications,and how to bear the liability for infringement of notification rules.It is believed that in personality rights network infringement,the core of rights notification is the ability to directly locate infringing information,the main obligation of network service providers to take necessary measures,and the supplementary responsibility of network service providers.Finally,it is suggested that attention should be paid to examining whether the notice of rights includes network addresses that locate infringing information,and the types of necessary measures taken by network service providers after receiving the notice of rights should be more flexible,and the responsibility of network service providers should be reduced.