The Adaptive Dilemma and Solution of Notification Deletion Rules in the Contextof Personal Rights Network Infringement
LONG Xinxuan
(1. Law School of Macau University of Science and Technology, Macau 999078)
[Abstract]: The notification deletion rule was initially established to address online copyrightinfringement and aimed to balance the interests of all parties. It is often regarded as a safe harbor fornetwork service providers. With the expansion of internet application scenarios, the scope of this rulehas gradually extended to general infringement areas and eventually covered scenarios of onlineinfringement of personality rights. However, this expansion process reveals that the rule facessignificant adaptability challenges in the field of personality rights. This rule is mainly designed for property rights and its protection intensity is difficult to match the inherent defensive attributes anddifficult post-event remedies of personality rights, posing the primary adaptation problem. The legalpositioning of this rule in the personality rights infringement liability system is not clear, and there aretheoretical differences regarding whether it should be classified as a liability for cessation ofinfringement or exclusion of obstruction. This further increases the complexity of application. At thesame time, the determination of personality rights infringement liability does not necessarily strictlyfollow the traditional fault element framework, which conflicts with the fault judgment logic usuallyassociated with the notification deletion rule. To overcome these challenges, it is necessary to explorethe adjustment paths of the rule while respecting the special value of personality rights. For corepersonality rights such as life rights, body rights, and health rights, a moderate expansioninterpretation of the notification subject should be considered, allowing potential rights holders orinterested parties to initiate the mechanism when there is an infringement risk. At the liability basislevel, it is necessary to re-examine the characteristic of personality rights online infringement notrequiring fault as an absolute element, and clearly define that the application of the notificationdeletion rule should not be limited to the traditional fault thinking. More importantly, the priorityposition of personality rights protection over property interests should be established, and additionalhierarchical duty obligations should be imposed on network service providers, especially for onlinecontent involving core rights such as life and health, to raise the regulatory standards. Through thesetargeted adjustments, the notification deletion rule can effectively meet the protection needs ofpersonality rights, provide timely and comprehensive online remedies for rights holders, and promotethe improvement of the mechanism for protecting personality rights in the online space.
[Key Words]: Notification Deletion Rules; Personality Rights; Online Infringement
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