| Summary: | 碩士 === 輔仁大學 === 法律學系碩士在職專班 === 104 === In the era of advanced freedom of speech, most people is mistaken for the boundary of the free speech guarantees.Then, it causes most people to use bad language or words willfully for a defamation to others as well as causing damages to others’ reputation. In the recent years, the number of reputation infringement case has been increasing up. Yet, there is a high tension situation between reputation right and freedom of speech actually. Hence, this thesis would focus on the study of these subjects related to the major of civil legal issues in order to discuss how to get a balance between the reputation right and freedom of speech guarantees.
First of all, this paper reviews the definition of reputation right, the characteristics of reputation right, and objects of reputation right…etc. Also, to explain the related concepts of reputation right such as credit, privacy, name etc. in order to make an initial study of reputation right, as well as clarify the difference between reputation right and its related concepts. Secondly, this paper discusses the elements of defamation of tort liability, and illustrate the difference between "Statement of Fact" and "Expression of Opinion". Then, to categorize the types of defamation of tort liability. Moreover, to make a study and discussion from the practical cases.
Furthermore, this paper discusses what statement is allowed by law but don’t constitute defamation of tort liability and also discuss how to demarcate the line of the freedom of speech. For example, to discuss what is the freedom of the press and what is the "reasonable grounds to believe that the statement was true when disseminated" which is presented by J.Y. Interpretation No. 509 ? This paper also discuss what is the fair comment and is it a necessary for a quote from American U.S. Supreme Court established "actual malice" in New York Times v. Sullivan ( 376 U.S. 254, 1964 ). Based on above statement, this paper is proposed for a deep study on defense of defamation of tort liability.
Finally, this paper discusses the solutions for the individuals’ reputation infringement or the civil liability for the individuals’ reputation infringement, including the elimination and prevention of the individuals’ reputation infringement, the modes and ranges of the penalty for the damages, what is the difference between “restoration” and “take of proper measures for the rehabilitation of his reputation”, and how to measure and determine a reasonable consolation payment etc.
Also, this thesis came to ten conclusion and tried to build the criteria between the reputation right and freedom of speech. Also, hopefully, this thesis may be some helpful to deal with the related cases.
Keyword：the right of reputation, the freedom of speech, the freedom of the press, actual malice, fair comment , damages, consolation payment
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