Journal of Jishou University(Social Sciences)

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The Predicament and Way out of the Application of Authenticity Defense in the Cases of News Infringement of Reputation Right

WANG Baoqing   

  1. (1.Guangming School of Journalism and Communication,China University of Political Science and Law,Beijing 100088,China;2.CCTV,Beijing 100088,China)
  • Online:2020-09-01 Published:2020-12-18

Abstract: In the cases of news report infringing upon the right of reputation,authenticity defense is the most commonly used and powerful defense in the media.However,its application is related to the choice of system and the balance of interests in many aspects.In the judicial practice of our country,there are mainly three kinds of predicament.First,the standard of "truth" is different,and the difference between news truth and legal truth often leads to the conflict of evidence identification;second,the logic of the distribution of the burden of proof about "truth "is confused;and third,the fault identification standard of reasonable misbelief is unclear.In comparison with the legislative and judicial experience in relevant western countries,the "truth standard" of authenticity defense in China should be appropriately relaxed and the burden of proof should be reasonably distributed,while the duty of care for the reasonable misbelief should be clarified.

Key words: news reputation infringement, authenticity defense, burden of proof, news report

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