Yanhan Yan, Liqin Zhang

Yanhan Yan

30 Dec. 2022

We-media, Goodwill infringement, Legal regulation.

In order to pursue publicity, we-media often uses exaggerated headlines and stimulating content to attract attention when publishing articles. In the context of such articles being popular on the network, cases of goodwill infringement of we-media are numerous. With the frequent occurrence of goodwill infringement, companies have begun to take up legal weapons to defend their legitimate rights and interests, and the corresponding infringement has been regulated to a certain extent. This study selects the classic cases in recent years in which enterprises have sued we-media for goodwill infringement. Through the analysis of these cases, it is helpful to delineate the boundary between expression freedom of we-media and infringement. This study is divided into four parts. The first part mainly clarifies the purpose and significance, and sorts out the relevant research in the current academic community. The second part analyzes and summarizes the characteristics of goodwill infringement in we-media based on the current situation of goodwill infringement in we-media. In the third part, the existing legal system of China for the goodwill infringement of we-media is faced with the dilemma that the goodwill is not explicitly protected by law, the goodwill is indirectly protected, and the structure of legal responsibility is not perfect. After analyzing the current situation of China's legislation and summarizing the challenges faced by China's laws in regulating the goodwill infringement of we-media, the operational regulation methods are proposed in line with China's national conditions from the "Tort Liability Law and the Anti-Unfair Competition Law" in the fourth part.

© 2023, the Authors. Published by ISCCAC

This is an open access article distributed under the CC BY-NC license