Normative Reconstruction of the “Serious Circumstances” Element of Cyber Defamation under Dynamic System Theory

DOI

10.2991/978-2-38476-460-0_17How to use a DOI?

Keywords

cyber defamation; serious circumstances; dynamic systems theory; balance of legal interests; Judicial Discretion Benchmark

Abstract

The judicial determination of the serious elements of the crime of online defamation has long faced the tension between formal standards and substantive harm assessment. The traditional theory focuses on quantitative indicators such as the number of retweets and views, which is difficult to adapt to the superposition and diffusion characteristics of the infringement of legal interests of online defamation, and some judgments have suffered damage to the substantive justice of individual cases due to the mechanical application of standards. Dynamic system theory emphasizes the correlation and dynamic adjustment of weights of the internal elements of legal elements, and can establish more explanatory substantive evaluation criteria by deconstructing the interaction between variables such as the scope of information dissemination, the cognitive ability of the audience, and the degree of social order disruption. Based on the normative analysis of the criminal law doctrinal system and judicial precedents, it is necessary to reconstruct the dynamic evaluation framework of the serious elements of the circumstances, and take the interactive relationship between the illegality of the act and the attribution of the result as the benchmark, comprehensively examine the degree of information falsification, the controllability of dissemination and the actual harmful consequences, so as to achieve a normative balance between the protection of the right to reputation and the protection of the right to reputation.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Licheng Shan
PY  - 2025
DA  - 2025/08/31
TI  - Normative Reconstruction of the “Serious Circumstances” Element of Cyber Defamation under Dynamic System Theory
BT  - Proceedings of the 2025 6th International Conference on Mental Health, Education and Human Development (MHEHD 2025)
PB  - Atlantis Press
SP  - 136
EP  - 145
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-460-0_17
DO  - 10.2991/978-2-38476-460-0_17
ID  - Shan2025
ER  -