What are the elements of liability for news infringement
(1) Manifestation of infringement In news works
This is the first element that constitutes news infringement, and it is also an important difference between news infringement and other general infringements. The infringement must be embodied in news works. If the infringer does not infringe upon the legitimate rights and interests of the victim by publishing news works, but by posting large and small character posters and spreading derogatory content through language and writing in the living area of the victim, even if The existence of damaging facts can only be regarded as ordinary civil infringement and does not constitute news infringement.
(2) News works with infringing content have been published
This constitutes news Another important condition for infringement is also the key to distinguishing whether the fact of damage exists. Only when news works with infringing content have been officially published can the objective authenticity and certainty of news infringement facts be determined. If the journalistic work is not published, the fact of such damage cannot be confirmed. In other words, when it comes to identifying news infringement, it must first be confirmed that news works with infringing content have been published before the existence of news infringement can be further confirmed.
(3) News infringement works have identifiable targets
The victim can be identified , should be the third component of news infringement. In other words, news infringement works are directional. If a news work only makes inappropriate comments about a certain type of person or behavior without directly pointing the finger at any individual, we cannot consider it to constitute infringement. On the contrary, because the publication of news works with infringing content has led to the victim being identified in real life, thereby causing the derogation of his material and moral rights, the publication of the news work is the cause of the fact of damage. Only when there is an identifiable target of the news work, the infringing news work can be held liable.
(4) NewThe news organization is legal and has made mistakes in news activities
This is the requirement for news organizations in news infringement. First, news organizations should have legitimacy. The news organizations mentioned here refer to news organizations established through legal procedures. Because an illegally established organization cannot engage in journalistic activities, its infringement can only be regarded as a general infringement and cannot be regarded as a journalistic infringement.
Secondly, news organizations must make mistakes in news activities, including intentional and negligent situations. However, in the actual practice of news infringement in our country, wrongful behavior is mainly manifested as negligence. Of course, intentionality does not exist. Some news authors may deliberately infringe the legitimate rights and interests of others through news works for some ulterior purpose. Works that intentionally infringe on the interests of others are very rare in our country’s journalism practice. The tort of negligence is a journalistic tort.
Based on the relevant answers to the above content, it can be concluded that there are generally infringements Reflected in news works, news infringing works have identifiable objects, News organizations have legality and have made mistakes in news activities. The specific requirements have been given above.If you have other legal issues, you can consult the law. Lawyers related to The Savior Network.
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