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Research On The Privacy Right And Freedom Of The Press

Posted on:2008-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:H ChengFull Text:PDF
GTID:2166360212481430Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In modern society, people have stronger self-reorganization and more respectfully independent charter. The right to privacy is now being accepted worldwide as one of personal right. But in the other hand, it is not rare to see news invade the right of privacy as the extension of mass media. So seeking the scheme of how to avoid news invade right of privacy has already become a focal point and difficult problem, which the press of our country and law circles study at present.Starting from explaining the definitions of the press, freedom of the press, privacy and the right of privacy, this paper discuss in depth the conflicts between the freedom of the press and the cause of such conflicts. The cause of such conflicts comes from the different legal interest that the freedom of the press and the right of privacy aim to protect. These interests are of different nature and have different value judgment. No law has made a clear-cut provision between how to protect the freedom of the press and how to protect the right of privacy, thus leading to the emergence of such conflict. This paper develop a new method to divide news invasion of privacy right into three types: news invasion of government official's privacy right, news invasion of culture figure's privacy right and news invasion of common citizen's privacy right.In this paper, the author presents her viewpoint of how to strike a balance between the freedom of the press and the right of privacy. The freedom of the press is subject to the right of privacy and no one is allowed to damage the right of privacy while exercising the freedom of the press, the privacy of the public figures relevant to the interest of the public is allowed to expose. Under the principle of achieving the balance of social interests, we should treat the privacy of the public figures differently from that of common people. The value of the news or the reasonable interests of the public are the main reason to narrow down the right of privacy of public figures. As for common people, their right of privacy should be protecting strictly and from all aspects. The last chapter gives some evaluation and proposition to the relevant...
Keywords/Search Tags:right of privacy, the freedom of the press, news invasion of privacy right, matter of public interest
PDF Full Text Request
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