Research On The Protection Of Personal Dignity Of Public Figures In Mass Communication

Because of the influential power of public figures in social life,nowadays,the mass media of communication,mainly We-Media and new media,devote more attention to them.Compared with a common person,there is no doubt that the personal rights of public figures should be reduced and transferred in order to meet the needs of the public interests,coordinate the supervision of public opinion and guarantee the citizens’ right to know.But when we look around in the world,just to attract readers’ and audiences’ eyeballs,some subjects of mass communication make exaggerated reports,even distorted facts and vulgar styles,and also expose other people’s private life by means of photography and snapshot,and even commit endless moral anomie such as "nude pictures";What’s more,they insult,abuse and threaten public figures on the media platform,and their words are obscure and inappropriate,which makes us astonished,and infringe upon the most core and valuable right of public figures-Personal dignity.This shows that the moral force has lost its flexibility,adjustment and restriction,and affects the overall moral customs of the society.It is urgent to establish relevant laws in this field to rectify the chaos and ensure the good track of returning to the traditional morality.In modern society,personal is regarded as of the highest value of human beings,and personal interests are regarded as the highest interests of human beings.Respect for personal is the goal and basic idea of modern human rights movement.The protection of personal dignity has become one of the basic tasks of modern constitution and many laws.All subjects of personal dignity should enjoy it without limitation,including public figures as social models.Some mass media confuse the reduction of personal rights of public figures with the protection of personal dignity,and think that the reduction of personal rights should limit the dignity of personal,which turns to be a misunderstanding.There are also some media or individuals who have way crossed the bottom line of morality.In order to pursue their personal and commercial interests,they risk infringing upon others’ personal dignity by "bombarding over and over" the public figures.This phenomenon makes people reflect on the weights of the intrinsic media value of reporting and disclosing public figures and the external commercial value created by mass communication,which is more important?How to balance the implicit individual value and the dominant social value of the media? To meet the value needs of mass communication and public interest needs,is it also an impact on the normal order of society and good value orientation?It is based on the development of mass communication and their frequent violations to the personal dignity of public figures,as well as the judicial practice and legislative efforts of protecting the personal dignity of public figures in our country,that the author thinks it is necessary to emphasis the protection of the personal dignity of public figures and explore this issue in the setting of mass broadcasting.In addition to the conclusion,the full text is divided into eight chapters:Chapter Ⅰ: Introduction.This chapter mainly discusses the background and purpose,current situation and significance,method and framework,difficulties and innovation of the research.With the advent of the era of mass communication,the specific personality rights of public figures are more and more easily violated.The highest value of personality rights in the right of personality,personality dignity,is also facing great challenges.In the domestic and foreign research,most of them focus on the limitation of the specific personality rights of public figures.The mass media often confuse the restriction of specific personal rights with the restriction of personal dignity,so they seldom pay attention to the protection of the personal dignity of public figures.The frequent conflicts and demands between the mass media and public figures test the stickiness and tension of relevant legal principles,as well as the weakness and boundary of relevant legal provisions to provide protection and permission.With the increasing demand of public figures for the protection of human dignity in judicial practice,and the enhancement of moral quality in modern society,some "gourd eaters" are no longer blindly following.Taking advantage of the promulgation of China’s first civil code,this paper puts forward one’s own views,in order to provide some help for the legal research progress in the relevant sub areas.Chapter Ⅱ: The formation of legal concept of public figures.Before discussing the protection of human dignity of public figures,it is necessary to clarify the meaning of public figures.Public figure is not a political concept,but a concept created to protect the freedom of speech and limit the right of reputation and privacy.It is more widely used in the disputes of privacy,reputation,name,portrait and other specific personality rights.The unique attribute of public figures makes their personal rights and interests conflict with public interests and the public’s right to know.The inevitable result of the conflict is to infringe on the personal rights of public figures,which is often accompanied by the derogation of personal dignity.Therefore,in these disputes,the infringement involves the violation of the personal dignity of public figures.In order to better protect the personal dignity of public figures and reduce the infringement disputes of privacy,reputation,name,portrait and other specific personal rights,this chapter interprets and defines the legal concept of public figures,hoping to put the concept of "public figures" into the law as soon as possible,so that it can have legal basis in judicial practice.Chapter Ⅲ: The internal relationship between human dignity and personality right."Human dignity" is an abstract concept in the Constitution and a three-dimensional concept in civil law.It has multiple connotations.It is not only a moral right,but also a legal right.To explore the protection of the personal dignity of public figures,it is necessary to take the protection of specific personal rights as the starting point for research.The moral rights and legal rights possessed by human dignity should be embodied in the abstract concept of constitutional rights into the three-dimensional specific personal rights in civil law,so that the personal dignity can be legally relied on and protected according to law.To clarify the internal relationship between human dignity and personality rights will make the research a source of water and a tree of origin.This chapter discusses the internal relationship between human dignity and personal rights,mainly in the following five aspects: first,each specific personality right highlights the value of human dignity.Secondly,human dignity is the basic standard to identify the interests of new personality.Thirdly,human dignity determines some basic characteristics of specific personality rights.Fourth,human dignity can also effectively regulate the exercise of specific personal rights.Fifthly,as a general right of personality,human dignity has a comprehensive nature in the application of the system.Therefore,the protection of human dignity is the logical starting point and fundamental purpose of the protection of specific personality rights.For public figures,the specific personal rights derogation stipulated in the civil law does not mean that the personality dignity is strictly reduced.The analysis of the internal relationship between personal dignity and personal rights is helpful to form the value affirmation of the personal dignity of public figures and to promote the implementation of the protection of specific personal rights of public figures in private law.Chapter Ⅳ: From the typical cases to see the dilemma of the protection of public figures’ dignity in mass communication.Whether it is a law paper or a journalism paper,theoretical argumentation should be supported by case analysis.This paper is a combination of law major and journalism major,and it should focus on case analysis.Therefore,this chapter,by interpreting typical cases,reveals the dilemma faced by the protection of public figures’ dignity and analyzes the causes of the dilemma.This chapter gives examples of "Li Xiaolu’s overnight stay","Zhai Tianlin’s academic gate","Zhang Ziyi’s donation","BMW’s divorce case" "Liu Xiang v.boutique shopping guide newspaper case" and other hot cases which have aroused wide public discussion in recent years,are corresponding to clarify the restricted elements of public figures’ Personality Rights: public opinion supervision,public interest,citizens’ right to know,public interest,and commercial value.At the same time,"Dina electronic v.star chronicle publishing company case","Fan Zhiyi v.Wenhui Xinmin United Press Group infringement of the right of reputation","Zhang Yixing v.Sina Weibo user" Yan Huifan building "reputation dispute are interspersed to explain the causes of the problem of public figures’ personality rights protection blocked.Mass media wantonly consume the personal rights of public figures in order to seek their own interests on the ground that the specific personal rights of public figures should be restricted.They often neglect that the legitimacy of the derogation of the personal rights of public figures is made on the premise that the dignity of public figures is not violated.The basic rights of public figures also need to be protected.The essence of this protection is to protect the most basic independence and freedom,the most precious self-esteem and respect that citizens should enjoy,as well as the human dignity they should and must enjoy.Only when the human dignity of public figures is protected,can we meet the reasonable and legal requirements of public interests,citizens’ right to know,public interest and commercial value.Chapter Ⅴ: Legal Reasoning Analysis of the protection of public figures’ personal dignity.Human dignity is the equal qualification of a citizen as a human being.Its legal expression is the specific personality right of a citizen.It is an inviolable right including privacy,reputation,name,portrait and so on,which should be recognized and respected by the state,society and members of society.In order to realize that the personality of public figures is respected,it is necessary to make a legal analysis of the specific personality rights of public figures and explore the value of personal dignity contained in the protection of specific personal rights.This chapter from the public figure’s right of privacy,reputation,portrait,name rights and other specific personality rights,studies the right protection boundary within the reasonable limits of the specific personality rights of public figures.As for the right of privacy,the idea that "celebrities have no privacy" is not correct.The freedom of the press needs to be within a reasonable "free range" to play its real role.Moderate freedom of the press is the fundamental requirement to protect the dignity of public figures’ privacy.The public’s attention is not all legal.We should take "public interest" as the premise,and should not be reckless because of their own preferences and curiosity Pry into the privacy of public figures.As far as the right of reputation is concerned,the damage to the personal rights of public figures is the infringement of the right of reputation.Among them,the focus is on the dispute of reputation right between public figures and the protection of reputation right of public figures after their death,which is the focus of controversy in academic circles and judicial practice.The judgment criteria are different.It is necessary to determine the elements of infringement,and more importantly,it needs to be confirmed by law.As far as the right of portrait is concerned,the core element is whether the portrait of public figures is recognizable.As long as the public can identify the public figures themselves,the infringement of cartoon characters and film and television stills is also considered as the infringement of the public figures’ portrait rights.As for the right of name,the name of public figure is an important personality symbol of commercial utilization.Protecting the name can balance the interest conflict between the right of name and the trademark right of economic subject.Especially in the network environment,the name of public figure contains more market value and economic interests.The legal definition of infringement elements and responsibility will effectively curb the infringement of public figure’s surname.The illegal behavior of name right promotes the benign and orderly development of market economy.Chapter Ⅵ: the positive factors of the protection of public figures’ personal dignity.The realization of the protection of public figures’ personal dignity has a profound moral foundation and legal regulations.It needs the moral self-discipline and other respect of the mass media subject,the self-discipline of the public figures,and more importantly,the protection of public figures’ personal dignity is the unity of self-respect,other respect and the rule of law.This chapter expounds the interaction between moral norms and legal protection in the protection of public figures’ personal dignity.It points out that the protection of public figures’ personal dignity needs not only the objective conditions of public communication environment,but also the subjective efforts of public figures.The internal and external conditions must be closely combined.The internal condition is the moral self-discipline and legal consciousness of public figures respecting themselves and others;the external conditions are the moral cognition and legal implementation of the mass communication subject,which complement each other and work together to provide a strong moral basis and legal support for the ultimate realization of the protection of public figures’ personal dignity.This provides theoretical support and practical basis for the seventh chapter to put forward the realization path of the protection of public figures’ dignity.Chapter Ⅶ: the realization methods of the protection of public figures’ dignity in mass communication.The right of personality of public figures should be restricted in the rational elements such as public opinion supervision,public interest,citizen’s right to know,public interest and commercial value.However,such restriction must be legal and on the premise of not infringing human dignity.In order to better protect the personal rights and interests of public figures and pay attention to the respect for the personality of public figures,this chapter focuses on the realization path of the protection of public figures’ personal dignity in mass communication.On the one hand,we should start from the legal point of view,improve the relevant mechanisms and systems,mainly including improving the constitutional protection mechanism of human dignity,improving the civil legislation and civil liability system for the protection of personal rights,strengthening the legal regulation of mass media,and enhancing the awareness of public figures’ rights and citizens’ legal awareness.On the other hand,it is necessary to strengthen the moral standards of the protection of public figures’ dignity by mass communication,and cultivate the subject of mass communication to establish the correct concept of dignity,which mainly includes cultivating the subject of mass communication to establish the correct concept of dignity,guiding the subject of mass communication to create a good fashion of dignity,etc.Paying attention to the protection of the dignity of public figures is conducive to guiding the judicial trial,guiding judges to make fair judgments when using their discretion,and also helps to effectively reduce the number of cases,reduce the pressure of judicial organs,and contribute to the orderly development of society.Chapter Ⅷ: conclusion and prospect.The main content of this chapter is to summarize according to the overall logic of the paper.The core of this paper is to explore the implementation path of an orderly and effective protection mechanism for the dignity of public figures.This path should first focus on the construction of relevant legal system,starting from the top-level design of the Constitution level to the implementation of the department law at the level of the press law,and then strengthen the way The extensive influence of moral level and the basic role in the formation of the overall positive social environment.We can not expect that a civil code can solve the current legal problems,nor can we expect a good network environment to be realized immediately.Only by realizing the joint efforts of law and morality can we promote the improvement of relevant problems,or even solve them.At the same time,this chapter has carried on the plan to the author’s next step research work,the author will continue along this road,in the future theory and the practice research further consummates and improves this research left behind the question and the regret.