Protection Of Right Of Personality Under Mass Media Circumstance

Right of personality, which is intrinsic to civil subjects, includes various concrete rights such as right of name, right of portrait, right of reputation, right of privacy for them to maintain the independent personality, as well as general rights such as right of personal dignity, right of personal liberty.Right of personality is frequently infringed by mass media. Its infringement on right of personality has never halted since the birth of media. With the increasing development of modern communicative technology, the scope media covers becomes more wide and its influence increases greatly. In this environment, the degree of damages media has made on right of personality deepens increasingly, and the consequences of infringement become more serious. Since 1980's, with cases of infringement on right of personality appear frequently, voices to strengthen the protection for right of personality becomes more and more high. But as a kind of public opinion instrument, media plays a very important role in social life, and constitutional rights such as right of liberty of speech, right to learn the truth, right of supervision by public opinions, are generally fulfilled by media. By balancing the value of the two rights mentioned above, I assume that the protection for right of personality should beplaced primarily except for the public benefits. According to the choice, the article is mainly on the discussion of protection for right of personality under mass media circumstance; individual opinions on conflict and balance of the two rights are put forward as well.The main method I have taken in this article is case analyzing. First, I point out the significance of taking precedence in protection for right of personality by comparing their values in historical sources and realistic conflicts; second, I analyze the form and type of infringement on right of personality by media in typical cases both from domestic and abroad, and sum up the commonness of infringement on right of personality by media; third, according to the different characteristic of infringement on right of personality by media, I reveal the individuality of it by categorized study , and study the problem of judicial remedy according to the commonness and individuality of infringement on right of personality by media as well; finally, based on conflicts between media right and right of personality ,I put forward the basic reason of settling them and describe the basic frame of civil legislation for protection of right of personality in media environment.