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国家机关的盖章能否免除媒体责任,是当前颇有争议的问题。本文认为,国家机关在新闻稿件上盖章是民事法律行为,应承担相应的法律责任,在诉讼中,一般应当以第三人的身份参与诉讼。如果盖章机关也是作者,与媒体应当成为共同被告。当盖章机关以第三人身份参与诉讼时,媒体责任难以免除;当原告不起诉盖章机关时,应驳回起诉,从而免除媒体责任;当盖章机关也是作者时,应当与媒体一起以共同被告的身份参与诉讼,如果新闻失实,媒体将承担相应民事责任;如果原告不起诉作者,只起诉媒体,法院也应当驳回起诉,从而免除媒体责任。
Whether or not the stamp of state organs can exempt media responsibilities is a controversial issue at the moment. This paper argues that the state organs stamping on press releases is a civil legal act and should bear the corresponding legal responsibility. In a litigation, the third party should generally participate in the litigation. If the stamp authority is also the author, the media should be co-defendants. When the stamp authority is involved in litigation as a third party, it is hard to avoid the responsibility of the media; when the plaintiff does not prosecute the stamp authority, he should dismiss the indictment so as to dispense with the media’s responsibility; and when the stamp authority is also the author, he should work together with the media If the defendant’s identity is involved in litigation, if the news is false, the media will bear the corresponding civil liability; if the plaintiff does not prosecute the author, only sue the media, the court should also dismiss the prosecution, thus eliminating the media’s responsibility.