The Research On The Theary Of American Media Encroaching On The Right Of Privacy

The media encroaching on the right of privacy as the important form of encroaching on the right of privacy because of its extent, deep and fast infringement, has already aroused more and more attention from people. There is neither the law of right of privacy nor the law of mass media in China, and the right of privacy is as a basic personality right not to have fixed definitely even more. When the right of privacy is encroached on, the public is still unable to be relieved effectively through the legal provisions. The author of this paper studies the basic theories of the right of privacy of U.S.A., types, important constructive conditions, legal liabilities and defenses of American media encroaching on the right of privacy, to find when the right of privacy conflicts with the freedom of speech of media, the American laws always pay attention to equalizing two, and when equalize, they tend to protect the freedom of speech of media more. The author hopes to offer some suggestions for the legislative frame that our country constitutes and improves the right of privacy, and to plan to offer some reference for the legislation of the law of mass media of our country.Section one of this paper introduces the basic theories of the right of privacy of America. At first, introduce four theories about the definition of right of privacy of America, including the theory of staying alone right, intimate relation theory, the theory of keeping information right and the theory of general personality right. The concept of right of privacy is defined as individual's control power to the personal field's secretes and ones own life, and the right of letting oneself alone by the author. Second, introduce the range and characteristic of the right of privacy of America. In America, the right of privacy is not only the right of the common law but also the constitution right, having double attributes. Third, introduce the different protection from the right of reputation to the right of privacy in America. The two kinds of rights have both important differences and crossing relations. The right of privacy is protected by the privacy law and the right of reputation is protected by the defamation law separately, but the two have the tendency to merge. Fourth, introduce the conflict and coordination between the right to know and the right of privacy. Introduce the concept of the right to know, the conflict of the two, and the coordination principles of the two.Section two sums up the situations of the American media encroaching on the right of privacy first, and then introduces one's own important instructive conditions of four kinds of infringement types in detail. First, the important instructive conditions of publicity given to private life: 1, it is the individual privacy that is disclosed ; 2, according to generally well-meaning people's understanding, this is highly aggressive ; 3, this is disclosed not to belong to the public's legal concerned item ; 4, the defendant violates the social good custom seriously. Second, the important instructive conditions of intrusion: 1, the behavior invaded and harassed is on purpose; 2, the intrusion aims at others' independence, life peacefulness or individual's affairs; 3, the generally well-meaning person thinks it is highly aggressive. Fourth, the important instructive conditions of false light: 1, the actor is on purpose or careless and inadvertent ignoring to do it out of the truth of the matter; 2, the defendant discloses unreal information; 3, twist the plaintiffs image and in accordance with generally well-meaning people, the behavior is highly aggressive; 4, cause or may result in damage . The fifth, the important instructive conditions of appropriation of name or likeness: 1, the defendant misappropriates the plaintiff's identity (by using the plaintiff's name, portrait or other methods); 2, the defendant benefits from it.Section three introduces the legal liabilities that American media encroaches on the right of privacy, relating to the compensation for damage, prohibition and correct and reply. Compensation for damage includes offsetting compensation and punitive compensation, and it is mainly the compensation for spiritual damages. But when the defendant infringes others' right of privacy time and time again, it is perhaps the most appropriate remedy to issue the prohibition. At the same time according to the news legislation in modern times, generally stipulated the obligations of correction and reply in the press.Section four introduces the various defenses that American media encroaches on the right of privacy. First, introduce reporter's privilege. What are its essential conditions, and the differences between it and neutrality report privilege. Second, constitution privilege, including freedom of speech and press freedom based on the first amendment of constitution, and the principles of public figures and the public's legal concern. Third, introduce the privilege of public visual field, including public interests, public records and public places. Fourth, introduce party agree. What are essential constructive conditions.Section five is the conclusion that speaks of the systems which American media encroaches on the right of privacy in order to give some revelations to the legislation and practice in our country. Treat the differences of national conditions between China and the United States dialectically, define the definition of the right of privacy in China clearly; The trouble that American protection theory of the right of private faced gives the reference to my country constituting the protection theory of the right of private and the law of media; Establish the theory of media encroaching on the right of privacy for law practice in our country.The author discovers that the right of privacy is a basic personality right of the citizen, and the freedom of speech of media is the democratic society's indispensable right too, but these two kinds of rights always conflict. We can't protect one kind of right and give up another right as before, but can only try hard to equilibrate these two kinds of rights. The freedom of speech of the media is not unqualified, and the citizen's right of privacy is one of its borders. Last, the author tried to use the privilege from the deplorers to benefit to the law practice.