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What problems should be paid attention to in determining the infringement of reputation

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What problems should be paid attention to in determining the infringement of reputation


        

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  • 2024-05-22 02:01:54

    The following issues should be paid attention to when determining the infringement of reputation right:

    1. Infringement of reputation right is usually based on the premise that the victim's social evaluation is reduced. The victim's subjective sense of reputation, that is, the victim thinks that the social evaluation is reduced, does not constitute infringement of reputation right.

    2. Infringement on the reputation of legal persons, unincorporated organizations and individuals engaged in business may constitute unfair competition.

    3. If a person's reputation is damaged due to serious misrepresentation of news report, it shall also be treated as infringement of reputation right.

    4. The content disseminated is true, but if it belongs to others' privacy, it may constitute infringement of others' privacy.

    5. Publicizing the privacy of others and causing damage to the reputation constitutes an infringement of the right to reputation.

    [Legal Basis]

    Article 110 of the General Principles of the Civil Law states that natural persons enjoy the rights of life, body, health, name, portrait, reputation, honor, privacy, marriage autonomy, etc. Legal persons and unincorporated organizations enjoy the rights of name, reputation, honor, etc. (The General Principles of Civil Law will expire on December 31, 2020).

    According to Article 110 of the Civil Code, natural persons enjoy the rights of life, body, health, name, portrait, reputation, honor, privacy, marriage autonomy, etc. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor. (The Civil Code will enter into force on January 1, 2021).

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