Resolution To The Conflict Between Right Of Privacy And Freedom Of Press

In the development process of personality rights, the right of privacy appeared will be a little late. Along with the development of the society and the progress of science, Privacy has been confirmed as one independent claim in the constitution and law of many countries, also it draws general concern of the international community. The protection of privacy presents a trend of international harmonization in present.The freedom of the press which people can express ideas freely in the media is an extension of freedom of speech, It is also one of the most effective measures of supervising government which protected by constitution as fundamental right of citizens. From the standpoint of freedom of the press, the increase of lawsuits on invasion of privacy rule against the media would restrict freedom of speech, and overexposure of privacy, would infringe the legal rights of others. So how to balance the two will be an important issue to us.This article is composed by three chapters; start with the basic problems of Privacy and freedom of press trying to find a solution through consulting the legislation and judicature practice of other countries, and discussing the reason and forms of conflict.The first chapter introduces the press freedom and privacy bravely. Here we can get a brief review of theoretical development about Privacy and freedom of the press. First, the theory of scholars both home de abroad draws a conclusion of the concept, content and the character of privacy, which point its subject, can only be a living natural person. Privacy includes the peace of private life and protected private information, it's a dominant personality right; The general provisions of the privacy rights may be derogated. Second, it introduces the content of press freedom, both in function and nature. The freedom of the press, not only has supervision of public opinion function, but also coordination with the social. Basic the Relativity in freedom of the press.We propose a method to measure the interests of law. Finally, a brief summary of the relationship between press freedom and privacy.The second chapter describes the conflict in privacy and freedom of the press, the reason of conflict are various, both in the nature and conflicts of interest, China's traditional values, and also because the cut-throat competition between news medias or the legal system is imperfect. The conflict mainly focused on the news covering and reporting. the way freedom of press about covering infringes to do with the privacy may have four:illegal encroachment and interference with personal space; interviewing by force; candid camera,stealing records and eavesdropping; stealing personal information. Freedom of press about reporting infringes the privacy comes out:disclosing personal information or experience without agreement or information about under age illegal.The last chapter puts forward the solution about the privacy and the freedom of press. The conflict in Press freedom and privacy is a conflict of interest and value; it is a reflection of specific social conditions. The writer believes that to resolve this conflict we should follow the general principles and specific principles as fallows:the human dignity principle and public interest principle, the consent principle and public places principle and the principle of public figures and news value of restrict the principle of privacy. Eventually, to meet the requirements of social development, protect private equity more completely, suggests regulating the behavior of the press circles from the legislative and judicial, well, which should focus on the civil law and the press law.