“如實(shí)報(bào)道”不實(shí)傳聞的法律責(zé)任——上世紀(jì)80年代后期徐良名譽(yù)權(quán)案引發(fā)的爭(zhēng)論
發(fā)布時(shí)間:2018-10-25 12:50
【摘要】:正1987年《民法通則》生效,公民名譽(yù)權(quán)正式納入民法保護(hù),這一年以侵害名譽(yù)權(quán)起訴媒體和記者的案件陡然增多,有"告記者熱"之說(shuō);許多案件發(fā)生在報(bào)業(yè)發(fā)達(dá)的上海。有一起名譽(yù)權(quán)案在當(dāng)時(shí)引起很大關(guān)注,原因有二:一是原告人是一位名人、著名歌手徐良,他是軍人,在1979年中越邊界戰(zhàn)事的老山戰(zhàn)斗中失去了雙腿,改行唱歌,一曲《血染的風(fēng)采》風(fēng)靡全國(guó)。二是案情涉及如何認(rèn)定新聞失實(shí)及其責(zé)任問(wèn)題,涉案新聞是一篇會(huì)議報(bào)道,"如實(shí)報(bào)道"了會(huì)上的發(fā)言,但是發(fā)言的內(nèi)容不實(shí),那么這篇新聞?wù)鎸?shí)嗎?如果要承擔(dān)責(zé)任,是報(bào)道的媒體和記者,還是
[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
【分類號(hào)】:D923;D920.5
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本文編號(hào):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
【分類號(hào)】:D923;D920.5
,
本文編號(hào):2293740
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