The Value Structure and Judicial Application of Defamation in the Internet Era
The judgment of defamation should be brought back to the realm of value judgment between the fun-damental rights of citizens,namely freedom of speech,and other basic rights exercised through speech,as well as the right to reputation.The judgment of social interests should also affirm that behaviors causing a sense of social dread through the infringement of the right to reputation are offensive.Actions that fail to pass the value comparison of fundamental rights do not constitute defamation even if they infringe on other social interests.In the context of the internet,the power of private-run platforms to manage online content should be analogized to traditional public pow-er,thereby expanding the scope of rights that citizens can realize through freedom of speech.Criticisms related to the exercise of such management power,including misinformation,should be within reasonable limits to prevent il-legality and should not constitute defamation.
defamationfreedom of speechright to reputationvalue structure
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维普
