Truth, Fair Comments, Immunity and Public Opinion Supervision: Defenses of Freedom of Expression in Chinese Right to Reputation Lawsuits

Abstract

This paper examines the latest developments in the Chinese law on the protection of reputation and the application of defences to reputation infringement claim, and considers the implications of the different defence approaches for freedom of expression in China. The research shows that the issue for Chinese law and the judiciary is not the lack of legal protections for freedom of expression and press freedom per se, but rather the necessity of establishing a clear, specific and coherent legal framework, which will operate to guide the courts and limit their discretion. Only when this occurs will the Chinese legal system be in a position to ensure that there is no preferential rulings by the courts when attempting to resolve any conflict between the right to freedom of expression and the individual’s right to respect for reputation.

Keywords: defamation law, freedom of expression, media freedom, Chinese Law, China