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Comparative Study On The Legislation Of Media Tort Between China And America

Posted on:2009-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:C MaFull Text:PDF
GTID:2166360245957737Subject:Journalism
Abstract/Summary:PDF Full Text Request
Along with the wide-ranging intervention of mass-media in the life of modern society and the increasingly fierce competition in the journalistic world, the phenomenon "media tort" has already become a social problem that receives high concern from the various strata of society, especially the world of journalism and law circles. At present, the handling of this problem in China still lacks appropriate policy and measures. Taking as a starting-off point the protection of the rights of privacy and reputation in both countries, the present paper is carrying out a comparison between China and United States in the aspects of constituting conditions, target identifying, counterpleading the origins of the incident, indemnity for damage, etc. The purpose of the research is to take a certain inspirational effect with respect to solving the problem of media tort in China.Regarding the constituting conditions of media tort, the differences between China and US find expression mainly in two aspects. Firstly, defining the responsibility for tort lays on different principles. China's law hasn't bestowed a privileged position on the mass media in terms of legal protection, effectuating the principle of failing responsibility. In the US the principle of true ill will is in use, which reinforces the degree of legal protection of mass media. Secondly, there is a different approach to the infringement of privacy. In China the act of tort of the right to privacy is identified as a tort of the right to reputation; this leads to excessive narrowing of the legal range of protection for the right to privacy. While in America the tort of privacy is being considered a separate kind of infringement.As for the target identifying in media tort cases, the concept for public person, as well as not effectuating legal protection for government organizations and deceased people has achieved - to a certain extent - the aim of protecting the freedom of speech in the media world. In China the lack of an established distinction between a "public person" and "common person", as well as the principle according to which the governmental system and deceased people also enjoy the rights of privacy and reputation are easily creating prerequisites for infringement on the side of mass media. Furthermore, the legislation in the two countries in regard to counterpleading the origins of the incident and indemnity for damage, is displaying differences mainly in the scope of application of counterpleading the origins of the incident, the methods of assuming "onus probandi" (the burden of proof) and the indemnity for damage.In order to improve the legislation in the field of media tort in China, the following steps can be undertaken: strengthening the protection of the right to privacy, determining the notion of what is a "public person", putting into practice the principle of true ill will, broadening the scope of special rights, adopting punitive sanctions, etc.
Keywords/Search Tags:media tort, right to reputation, right to privacy
PDF Full Text Request
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