Preliminary Discussion On The Infringement Of Privacy In News Report

It is a more common civil tort in the press dissemination and report that the news encroaches on the right of privacy. Its main characteristic is shown as follows: the subject is specific, and can only be a news actor; the object being encroached on is right of privacy mainly, yet objects of different kind are often concurrent, that is to say, while encroaching on others' right of privacy, it often encroaches on others' honorary right, portrait right, etc.; and the tort is objectively being shown as news gathering infringement and news report infringement. The basic reason for the behavior of news encroaching on the right of privacy lies in conflicts of the public right of being in know, the freedom of news report and citizen's right of privacy. Just because of this kind of right conflict, it often happens that the news report activity encroaches on citizen's personal secrets rights and interests.As to the behavior of news report infringement on right of privacy, legal means should be taken in order to reduce the infringement of news report on the right of privacy to the maximum extent. However, owing to the limitation at the time that the Civil Basic Law was legislated, it did not confirm the right of privacy as independent personality right, and relevant legal system to protect the right of privacy is extremely imperfect. Although some single laws contain the provisions of protecting citizen's privacy, and judicial explanations clearly advocate that personal secrets-involved behavior can be dealt with according to the case of encroaching on reputation right or encroaching on personality interests, those provisions fail to entitle the right of privacy protection with a due legal status and are unable to establish the idea that citizen's right of privacy should be guaranteed in accordance with law in the whole society, and this makes the infringements including news encroach on right of privacy common phenomena. Meanwhile, due to the lack of protection regulations concerning citizen's right of being in know and the freedom of the press, necessary legal bases and behavioral norms are inefficient when any citizen exercises the right of being in know and the media exercise the freedom of the press. On one hand, it is...