Study Of The Defence Against News Tort

Conflicts between the media industry and society are becoming more and more seriously with the fast development of the media industry. Therefore the lawsuit against tort of news is increasing in recent years. This dissertation tries to study the basic styles of the plea instances against news tort. Based on comparative research of the relative theory the author puts forward the concrete measures to improve the plea instances against news tort.This dissertation consists of preface and four chapters.The preface explains the reason and meaning of this topic, current research at home and abroad and the contribution of this paper.First chapter generally remarks the news tort and analyses the characteristic feature of the subject, object, behavior and psychology of plea instances against news tort. In modern society the mass media is concerned as "the public instrument" and "the fourth power". It plays very important role in the civilization. On the other hand, the freedom of press is to achieve the social benefits and democracy, it is not the franchise of mass media and the pressman. Certificate of pressman is not a amulet, media has no privilege to damage others' rights. Independence of judicature and other rights should be respected such as the right of privacy, reputation, portrait and copyright. This chapter is a base for further study.It is different from general tort, the components of news torts have its own unique nesses such as the works having been published, referring to accuser, unlawfulness of the behavior besides the general components.In the second chapter the author analyses the lawsuit against tort of news genially and defines the intension, then studies the value and necessity of it.In this section the author analyses the importance of independence of plea instances against news tort by the perspective of liberty of speech, freedom of the press and supervision by public opinion.Mass media is charged with social function such as right to learn the truth and supervision by public opinion. This is a quasar-public welfare function. News media should have the 'cushioning-space'in order to perform such social function. If the media always become defendant and lose a lawsuit, it will be bullyragged and cannot fulfill its social function.The third chapter studies the styles of plea instances against news tort concretely. Through analysis and comparisons of laws and regulations both at home and abroad, the author discusses several plea instances. They are truthfulness of news, public character-air comment, patent right to news report, news interview or report agreed on by the persons concerned and so on.While discussing the truthfulness of news, the author compares the similarities and differences of news truths, legal truths and objective truths. Furthermore, the author appeals to respect the "incorporated truths" in present world.The author analyzes civil service, public character, public location, public interest respectively and emphasizes the definition of public character.While studying the fair comment, the author considers that we should differentiate the reality and mind, then analyzing the fair comment and contumelious verbalism.The thesis discusses the gist, scope and definition of the origins of authoritative news. Then makes concrete research on several hot issues.Finally the author concludes that the construction of the system of the plea instances against news torts has only taken the first step on the long way ,the corresponding legislation all falls far behind the present development. The general judicial interpretations lack operability. Therefore strengthening the lawmaking is necessary to the judicatory, assurance of human rights and building the modern great power.