Journal of Beijing University of Posts and Telecommunications(Social Sciences Edition)

JOURNAL OF BEIJING UNIVERSITY OF POSTS AND TELECOM ›› 2016, Vol. 18 ›› Issue (5): 21-28.

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Conflicts and Balance of Network Reputation Rights and Free Expression on Internet#br# ——Further Discussion on “Micro-blog First Case”

  

  1. Civil and Economic Law Institute, China University of Political Science and Law, Beijing 100088, China
  • Received:2016-05-25 Online:2016-10-31

Abstract:

The needing and understanding of the reputation rights and the free expression are different among
different groups on the Internet. The network remarks which include a statement of fact and opinions on the
Internet are often associated with violation of others’ reputation rights. In order to reduce the reputation
infringement, the free expression should be restricted to a certain extent. In judicial practice, when regulating
such conflicts, the court should follow the principle of balanced interests, and according to the spirit of the
Constitution’s protecting free expression, the relationship between network reputation rights and free expression
on the Internet should be balanced. In specific cases, the differences between “statement of facts” and
“expression of opinion” should be distinguished, different degree of freedom should be given; in addition, with
regard to the infringer and the infringed, natural person and legal person, public figure and the general public,
professional and non-professional should be differently treated in view of identity.

Key words:

case”

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