“如实报道”不实传闻的法律责任——上世纪80年代后期徐良名誉权案引发的争论
发布时间：2018-10-25 12:50
【摘要】：正1987年《民法通则》生效,公民名誉权正式纳入民法保护,这一年以侵害名誉权起诉媒体和记者的案件陡然增多,有"告记者热"之说;许多案件发生在报业发达的上海。有一起名誉权案在当时引起很大关注,原因有二:一是原告人是一位名人、著名歌手徐良,他是军人,在1979年中越边界战事的老山战斗中失去了双腿,改行唱歌,一曲《血染的风采》风靡全国。二是案情涉及如何认定新闻失实及其责任问题,涉案新闻是一篇会议报道,"如实报道"了会上的发言,但是发言的内容不实,那么这篇新闻真实吗?如果要承担责任,是报道的媒体和记者,还是
[Abstract]:In 1987, the General principles of Civil Law came into effect, and the right of reputation of citizens was formally protected by civil law. In this year, the number of cases suing the media and journalists for infringing on the right of reputation has increased steeply, and there is the theory of "suing journalists." many cases have taken place in Shanghai, where the newspaper industry is well developed. There was a right of reputation case that aroused great concern at that time for two reasons: first, the plaintiff was a celebrity, famous singer Xu Liang, who was a soldier. He lost his legs during the 1979 Sino-Vietnamese border war in Laoshan, and changed his profession to sing songs. A song "blood dyed style" swept the country. Second, the case involves how to identify the false news and its responsibility, the news involved is a conference report, "truthfully reported" the speech at the meeting, but the content of the speech is not true, so the news is true? If the responsibility is to be borne, is it the media and the reporter, o
【分类号】：D923;D920.5
，
本文编号：2293740
[Abstract]:In 1987, the General principles of Civil Law came into effect, and the right of reputation of citizens was formally protected by civil law. In this year, the number of cases suing the media and journalists for infringing on the right of reputation has increased steeply, and there is the theory of "suing journalists." many cases have taken place in Shanghai, where the newspaper industry is well developed. There was a right of reputation case that aroused great concern at that time for two reasons: first, the plaintiff was a celebrity, famous singer Xu Liang, who was a soldier. He lost his legs during the 1979 Sino-Vietnamese border war in Laoshan, and changed his profession to sing songs. A song "blood dyed style" swept the country. Second, the case involves how to identify the false news and its responsibility, the news involved is a conference report, "truthfully reported" the speech at the meeting, but the content of the speech is not true, so the news is true? If the responsibility is to be borne, is it the media and the reporter, o
【分类号】：D923;D920.5
，
本文编号：2293740
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