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On Legal Protection of Internet Honor Right and the Limits of Liberal Expression

Author: TanLing
Tutor: TanQiPing
School: Southwest University of Political Science
Course: Legal
Keywords: Network infringement Network Honorary Right Network freedom of expression
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 465
Quote: 2
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Abstract


In the network environment, the expression of a conflict between freedom and the right of reputation protection, freedom of expression is an important basic human rights, the right of reputation is also an important personality rights, between the need to reach a balance of interests. Theory of expression in the network freely and network reputation infringement, network reputation right to protect the practice of law, freedom of expression network and network reputation right balance between the three aspects of interpretation and discussed. The first part of the network to express freedom and network reputation Theory of infringement. Network freedom of expression is the freedom of citizens in the case of the law or approved by the network, display, or public dissemination of ideas, opinions, viewpoints, ideas, feelings, or information, knowledge and content without the interference of others, restrictions or penalties . Network reputation infringement refers to information published on the Internet through a variety of means of communication, speech violations of citizens or legal reputation, and their lower social evaluation or derogatory action in one of the means of communication, including text, images, sound and other forms . The second part of the network reputation right protected legal practice. First case, the four major network Honorary forms of infringement: Internet Service Provider Ads lead to disputes, released infringing content network users through the electronic bulletin board services, network users through the blog or profile release infringing content, network users dissemination of infringing content via e-mail. Ads online speech caused reputation infringement in network users, network service providers to bear the responsibility, the legal experts have put forward three kinds of imputation principle: the principle of strict liability, disclaimer principle, the principle of fault liability. Strict liability is caused by the network service provider for network users to publish content online infringement liability. Strict liability here, not the \Disclaimer principle accept any liability for infringement caused by the network service provider for network users to publish content online. The principle of fault liability refers to the network service provider for network users the best content posted online to a reasonable duty of care, it is necessary to assume corresponding responsibilities. The third part, the network expressing a balance between the protection of the right to freedom and network reputation. Network freedom of expression need to be protected, freedom of expression is a spiritual needs of the people, if the individual can not be the full enjoyment of freedom of expression, personal meaning as a person could be in doubt. Network Honorary protection of the right to have reasonable boundaries for a specific person is a public figure, hate speech, whether the remarks constitute a reputation infringement, resulting in the reduction of the victims of social evaluation, and comprehensive be judged. Remarks from nature, can be divided into the views of speech and the fact that remarks should be to limit the expression of the fact that speech false, but it would be inappropriate to be limited to the opinions remarks mistaken view, views of speech and the fact remarks constitute reputation infringement should be different recognized standards, our legislation is necessary to distinguish between the factual expression and opinion and speech practice, learn from other countries to establish a more perfect freedom of expression rules. In the use of violations of legal norms correction network honorary same time, to promote ethical self-regulatory mechanism to promote the formation of benign network environment.

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CLC: > Political, legal > Legal > Chinese law > China and France
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