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Law--A Border "Hidden Coverage" Cannot Go Beyond

Posted on:2006-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:D ChenFull Text:PDF
GTID:2166360155454078Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
"Hidden Coverage "is being applied more and more in the press, whereas it is controversial in academic and legal circles. With the supervising function of news public opinion increasing constantly in our country over recent years, this news covering method is booming in the news circles and its developing speed is quite unexpected. Such a high developing speed results a very important issue, that is, it is too late to establish the relevant system when there are many conflicts between the old legal rules and the news covering method, which has made "Hidden Coverage"face many legal issues. Thus, how to get correct knowledge about "Hidden Coverage"and better use "Hidden Coverage"within the legal permits to serve news report and reinforce the supervision of public opinion is extremely important. I. "Hidden Coverage"in News Report "Hidden Coverage"is mentioned here compared with apparent and open coverage. In the light of the definition of "The News Dictionary", "Hidden Coverage"refers to "the news covering the reporter conducts concealing his identity or purpose". In a word, "Hidden Coverage"is an unusual way for covering news featured with hiding reporter's identity, purpose of covering and adoption of concealing means. The reason why "Hidden Coverage"prevails is: one, "Hidden Coverage"can reflect the truth of fact. When in news covering, as for those interviewees who have protruding problems, who badly affect the public interests and who are criticized strongly by the masses, it is very difficult to get the valuable and first-hand information through regular means to cover news. And at this time, "Hidden Coverage"becomes the means the reporter has to use to get true news. Two, "Hidden Coverage"is helpful for the supervision through public opinion. To supervise through public opinion is a fundamental function the modern news media must undertake. The specific advantage of "Hidden Coverage"finds another way out in the difficult supervision through public opinion. Three, "Hidden Coverage"can meet the audience's demand to some extent. There is another reason for the quick and widespread application of "Hidden Coverage"in news media. It is because it can better satisfy the audience's demand and make the media more competitive. Psychologically speaking, this method is to the satisfaction of the audience's curiousness, adventure psychology and to let out anger.Therefore, "Hidden Coverage"has created conditions for media to take the advantageous position in the competition of news. II. Legal Thinking on "Hidden Coverage"At present, there are three standpoints on "Hidden Coverage", complete approval, absolute opposition and neutral attitude. The former two are more absolute and the third is comparatively scientific. The holder of the third standpoint thinks that "Hidden Coverage"should be a helpful supplement, which is against one's will under certain circumstance, to the apparent covering. Only when the newsman uses up all lawful and indisputable means, can the method, which is worth pondering, be considered to be used or not. "Hidden Coverage"cannot be abused without consideration whether the matter is important or not, or whether it is serious or not. The reason why "Hidden Coverage"always results disputes to large extent is because there are always clashes between laws and reporter's news covering when they use "Hidden Coverage"to gather news. On the one hand, it reflects clashes between the rights of "Hidden Coverage"and the rights to protect human dignity. In news covering, it is easy to lead to tort and disputes if the relationship between the supervision through public opinion and the protection of citizens and legal person's human dignity is not conducted properly. On the other hand, it shows the unlawful practice of the reporter when covering news sneakingly. The reporter's unlawful practices are on three aspects of unlawful identity, unlawful action and unlawful tools. Because the relevant laws are not perfect, it leads to disputes and some puzzles over laws to reporters when conducting "Hidden Coverage". First, the issues on the legality of "Hidden Coverage". The right of covering news is a kind of right compared with obligation. As a kind of right, it is lawful action in terms of covering news. However, whether "Hidden Coverage"is lawful depends on whether the concrete covering method is lawful. Because some concrete methods of "Hidden Coverage"is legally permitted and some prohibited. Second, the issueon whether the video-audio materials can become legal evidence in "Hidden Coverage". To date, spokesperson holds news briefing frequently. There always exist, in both news and judicial circles, disputes over the legality of "Hidden Coverage"action and whether the video-audio materials have the value for lawsuit. According to "The Supreme People's Court's Regulations on Evidence for Civil Lawsuit"implemented in April, 2002, the video-audio reference without the approval of the other party can be used as lawful evidence, except for those obtained against law or with tort. Third, the issue on whether inductive method can be used in "Hidden Coverage". In reporting some illegal cases, reporter's induction quickens to bring about crimes. Our country's laws new offer reports such special right that are beyond laws. Thus, the reporter's induction is itself an action against law. III. Legal Protection of "Hidden Coverage"& Self-Discipline of Media When media and reporter become the accused in a civil tort case due to "Hidden Coverage", they can seek defence to protect their legal right. The legitimate defence the news media advocate against news tort includes: one, public right to know the truth. The duty of news media is to let the public known the truth of fact that has happened or is happening in society so as to meet the public's demand. Therefore, the public right to know the truth is the most powerful defence of news media. Two, the need of the public common interest. Anything that is related to the public common interest or what must be made public to the public common interest is not under the protection privacy. Three, the public figure. Because the public figure owns more social resources and undertakes more social responsibility, their privacy is no more privacy in general meaning and not protected by the right of privacy, when their private matter associates with the most important public interest---the political life. This is an important defence for news tort. As a proverb goes, "The self-disciplined media are the most free". In our country, media are enjoying more and more freedom. It is no doubt a wise choice to be able to discipline oneself rationally when "Hidden Coverage"faces more freedom. "Hidden Coverage", as an effective way to probe into the society, can better make reporter expose the repulsive phenomenon in society. But, "Hidden Coverage"cannot be adopted some fields. The legally prohibited area for "Hidden...
Keywords/Search Tags:Coverage"
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