诽谤侵权案法理解构--张铁林诉周璇及《成都商报》名誉侵权案评析

在诽谤诉讼中,媒体报道失实的侵权责任主要应由言论主体承担,媒体只承担过错责任。新闻真实不等于客观真实,认定报道失实侵权的构成应尊重新闻传播规律。新闻报道与名誉权保护的利益平衡问题,实际上是根据新闻报道和人格权保护的价值,合理地确认各自权利边界的问题。

Deconstruction on the legal principle of the cases of defamation in rights impairment--Analysis of the defamation case where movie star Zhang Tie-lin brings a suit against Zhou Xuan and "Chengdu Commercial News"

In the case of libel suit, the speech subject should mainly take the responsibility for rights impairment with unauthentic news of media, while the media merely have a responsibility of error. News authenticity cannot be equal to objective reality, and identification of the rights impairment by news coverage should pay enough attention on the rule of journalism and mass communication. The issue of interests balance between news coverage and the protection of reputation rights, means a problem of identifying the respective boundary of rights according to the value of news coverage and personality rights protection.