Analysis Of Freedom Of The Press And Media Violation In The Perspective Of Jurisprudence

According to the constitution and the laws, liberty of the press is the democratic right endued to citizens who engage on journalism or make use of news reporting without any lawless interference. It is the embodiment of citizens'liberty of speech and publishing, due to the constitution, in the area of press.With the development of new communication technologies, and the extensive use of those Hi-techs, mass media increasingly achieved more profound impact on the community, as a result of which, it becomes much easier and more frequent to infringe individuals'personal rights such as right to privacy. Equally, the impact of the infringement becomes more serious.In practice, media violation means infringing upon personal right or right of personality which is one of the basic human rights. One citizen's existence as individual and existing with other people in phase is one's integrant right. Rights of personality are also the foundation of connections and communication between individuals and the society. As an individual, people should fight for phenomenon of any behavior that despise others, and the rights of personality could be used as a weapon.As a legally recognized right and freedom, the freedom of the press, its existence, content and its means of exercise are all inextricably linked with rights of personality. The protection of personal rights and freedom of the press are both the outcome of modern society, and also important symbols of social civilization. Fundamentally speaking, they are both necessary in the processs of establishing a society of democracy and nomocracy. On one hand, because of the dissemination of information and comment through mass media people are informed of all the circumstances, which forms a forum for public supervision over the government, thus the liberty of press plays an extremely important role in the entire democratic politics. However, that does not mean that such rights and freedoms are without any restrictions. Right of personality is a civil right recognized in the civil rights and is the basic human right recognized by constitution. Alike freedom of the press, it deserves the full protection of our laws. Since the protection of personal rights is the important means of actualizing individual's dignity and freedom, the respect of others'personal rights and active protection of one's own will lay the foundation for the realization of democracy and the rule of law.In addition to the abstract and the conclusions, the essay has four chapters:Chapter 1 introduces the concept of freedom of the press, its external features and performance. Beginning with the definition of News, the core issue—liberty of the press is imported, after clarifying its concept, the article focuses on analyzing the nature of freedom of the press: it is political freedom as well as social liberty; it is citizens'individual right, but somehow has certain character of public authority; it is not only a right but also an obligation. At the end, the chapter lists four external manifestations of freedom of the press: the right to interview, the right to broadcast, the right to supervise, and the right to know.The second chapter indicates the concept,features,elements and manifestations of media violations. The concept of media violations is brought in after introduction of the definition of tort. News violations, as a special form of tort, have their own characteristics: the complexity of the infringing subject, the diversity of the infringing object, the uniqueness of activities of press violations and the seriousness of the consequences of infringement. Like other infringements, media violations are constituted by certain elements: the fact of the damage, the illegality of the activities which caused damages, subjective duty of the infringing subject and finally, the causality between the illegal activities and the damaging facts. However, due to the uniqueness of the news infringement, it presents differences in every aspect. The means media infringes citizens, artificial person or organizations are mainly the rights to reputation, to privacy, to compellation, to portrait and violations of the rights of corporate reputation. Relief means of media violations mainly include stopping encroachment, rehabilitation, elimination of affections, apology and compensation for loss of property and damages of personality.Chapter 3 focuses on the conflicts between the freedom of the press and the media violation. This chapter deconstructs the freedom of the press and news infringements primarily from the perspective of jurisprudence. About the former, as well known, freedom is a right, and freedom of the press is a specific right which allows citizens enjoy their democratic rights. As to the latter, it is strongly believed that media violation is an abuse of power to rights. There are several reasons cause the conflicts between the freedom of the press and the media violation: the essential contradictory between the two types of rights; our long habitation of attention to collective interests; drive by the interests under the conditions of market economy; omission of existing laws. The essence hiding inside the conflict of media infringement and freedom of the press is the clash of (objective) interests and (subjective) values.Chapter 4 is about the balance of media infringement and freedom of the press. Firstly, it indicates that essentially, we could conclude the conflict between liberty of the press and media violation into two rights: freedom of the press and right of personality. After analyzing the nature of two rights, it is clear that fundamentally they are coincident, either from a right-right perspective or from right-power view. Accordingly when media infringement occurs, the treatment should adhere to two principles: First, under the circumstance of right-right conflict, take priority in protection of rights of personality; secondly, when the conflict between the right and power accrue, it will take more interest measuring principle, in another word, rights delimit power. However, power can go beyond the borders, if the exercise of public authority is embodied in the course of civil rights of majority. In this certain situations, the damage caused to private rights should be compensated by subjects of public power. The inevitability and feasibility of developing an effective law concerning press industry are figured out at the end of the essay. Some perspective of content of the law has also been envisaged. For one thing, the protection of the freedom of the press is necessary. Due to fulfill the function of supervision of news, reporters'right of interview, of information, of reporting, of comment and critique should be proclaimed in writing. For another, in the interests of rights of personality, the obligation of news organizations and journalists should be clearly defined to prevent the abuse of the right to freedom of the press.