The Study of Internet Speech and Reputation Protection
| Autor: | CHANG CHIN PING, 張金平 |
|---|---|
| Rok vydání: | 2019 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 Nowadays the criminal acts generated from internet speech are increasing since we have entered a new era of internet, and we don’t have particular laws to regulate the free speech on the internet because of the difference between internet and traditional media. The Internet becomes another important space to express their personal views, but also to expand the modern interpersonal relationships and life knowledge.The Internet has different communication capabilities than traditional media, which not only spreads quickly but also has a low cost and cross-border characteristics.Making online speech a legal issue that is the biggest headache against personal reputation. The purpose of this study was to explore the trade-offs between the right of reputation protection "and" freedom of speech ". Users to upload above detract from the fame thing of others or statements on the web.Virtual life has gradually become a part of real life at the same time, Internet users If you do not they hear cautious published, there will be in respect of the inappropriate remarks charges of criminal and civil responsibility, should be more cautious. This study discusses the concept of “reasonable grounds to believe that the statement was true” which is presented in Interpretation Shih No.509, and comparing it with the concept of “actual malice”.Interpretation No. 509 explains that the nature of "proving the true clause" is changed from "true defense" to "true malice", and the prosecution should bear the substantive burden of proof on the defendant's statement in order to achieve the optimal adjustment of freedom of speech and reputation. The study selects some representative defamation cases judgment from Taiwan as the basis, to examine if the genuine “maximum amount of protection for free speech” is realized,behavior and inappropriate remarks may violate of our country laws and regulations related to criminal liability for the disorder of the network, make a in-depth discussions.And specifically to give an operational blame applicable norms, put forward the control of our country online speech and legislative recommendations. Keywords：freedom of speech、Offenses Against Reputation、publicly insults、internet |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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