On The Defense Against The Press Infringement

In recent years, the news media has frequently infringed on the rights of reputation, privacy and other rights relating to the person. They have been sued by both the natural person and the legal entities. whether the legal scholars or the press all accept that this is because there are conflicts between the freedom of the press and the protection of the right of personality. However, how to strike a balance between the two is still a disputable problem. It is directly reflected in the legal system on the rules of defense about the exemption from civil responsibility or the reduction of it. Generally speaking , the rules of defense in our country is not perfect and can not satisfy the protection of the right to know, liberty of speech and consensus supervision .Not only because of the imperfect rules and regulations, but also the effectiveness of low-Level. Thus we need to improve the laws and regulations to offer special protection on the press since it plays a great role in the democratic society. To this end, after learning relevant prescriptions of other countries, the author of this paper hereby puts forward her suggestions on law to improve the special demurring reasons in press infringement of this country.The paper consists of four parts besides the introduction and conclusion.The first part, to complete the defense system, talks about the concept and features of infringement of press; then follows the civil principles of liability on it.; Thirdly, the thesis investigates into the heart of the press infringement, argues about the inherent nature, and then raises the subject of press infringement defense; Finally, from the perspective of both the concept and function to define the defense of news infringement.The second part mainly illustrates on the rules and regulations about the defense of press infringement in common law countries and makes focus on the protection of reputation and privacy right .About the former, the thesis describes the rules of truth,privilege,fair comment and consensus. Specially, the paper introduces the unique constitutional rule of reputation defense in the United States- the rule of actual malice. As for the latter, the article describes the "public privacy" principle, the principle of news value and the defense of consensus. On this basis, the thesis makes a summary.The third part mainly talks about the rules and regulations about the defense of press infringement in civil law countries. Similarly, the thesis focuses on the protection of reputation and privacy right. According to the different situations, the thesis respectively introduces the rules of Germany,Japan and Taiwan. After analysis and investigation, the thesis makes a summary.The fourth part is the main part of the article. Through the analysis of the rules of defense against the press infringement,the judicial practice as well as the academic discussions in our country, the article puts forward the principle of defensive rules. To strike a balance, the article is in favor of the preference protection of the freedom of press. According to the situation in our country, the thesis makes several concrete suggestions on law to improve the rules on defense in press infringement.