CAO Xiaojuan, MU Mingchun
(School of Culture and Media, Xi’an Eurasia University, Xi’an 710054, Shaanxi;School of Journalism and Communication, Northwest University of Political Science and Law, Xi’an 710063, Shaanxi)
Abstract:
The phenomenon of the network reproduced because of the “information sharing” legitimacy and widespread but reproduced in the article because of the information is not caused by the infringement of the relative person’s reputation right behavior also occurs. Industry, academia and the judiciary are currently in the understanding of the right to assume the right of reputation infringement of the network reproduced on the understanding of the existence of serious differences. Reproduced in the network infringement of reputation right responsibility follows the principle “to punish, appropriate exemption”. In the network reproduced with subjective intention one must bear the consequences of the violation. And if the network reproduced is only because of negligence, introduce “the principle of good faith” free in addition to tort liability, not without the right to interview websites perfection; system of reproduced attention obligation should also be put on the agenda, reasonable judicial mandatory norms in shaping the industry standard network reprint behavior and prevention network reproduces the right of reputation tort.
KeyWords:
network communication; network reprint; right of reputation; news infringement