On The Conflict And Coordination Between Privacy And Freedom Of Speech In Network Environment

Internet was well received by people when it appeared, and quickly become anindispensable tool of work, learning and life in modern time. Internet has taken a huge changefor our life. A series of law problem accompanied by the internet also brought some newdifficulties for the research field of law. Just as Professor He Wei Fang said：“The law is theancient human knowledge, the internet is a novel of contemporary. Their combination hascreated a new knowledge-the internet law. The network technology has provided a space thatthe previous people can’t image of the development of the jurisprudence and the law, and alsobrought difficult problems of continuously for the traditional legal theory and legal norms.The Cyber manhunt is one of the internet difficulties, and there started a discussion whethershould control it under the great influence of the Cyber manhunt.Freedom of speech is a fundamental right of citizens that have recognized by nationalconstitution. Expression, freedom and right are its essential connotation, it means that thepeople have the rights of public discussion and expressing opinions in various ways,containing the peoples’ various claims, demands and wishes that about themselves, the others,the society and the country. As a fundamental right of citizens, freedom of speech is a resultof human value choice, its value can be expressed as freedom, equality, reason anddemocracy etc. The unlimited open of the internet provided a good platform of exercisingfreedom of speech for the people, and also makes it got some new features. On the one hand,these new features of the freedom of speech are benefit to better play its role at exposingsocial evils, punishing the evil and reward the good, prompting social justice and democracysupervision, on the other hand, they are also have provided a convenient for the infiniteextension and abusing, even infringes other basic civil rights for the freedom of speech.Right of privacy is a product of the progress of the social civilization, it was a longtime from the appearance of concept of privacy to the certain of right of privacy. Right ofprivacy is also a personality right, it was been thought very highly of by governments from itsemergence and developing rapidly. Right of privacy has been written to Constitution as abasic civil right by Many countries in the word, or protect it fully to the name of right of reputation or allgemeines personlichkeitsrecht by the countries those privacy is not beenwritten to the constitution as an Independent personality right. The content of the right of privacyis very extensive and expanding incessantly, and the development of the internet has furtherexpanded its scope and also took a number of challenges for the protection of privacy. What’smore, the protection of privacy has been put to the forefront by the abuse of the Cybermanhunt, this makes us have to think the problem of it.Freedom of expression and privacy are fundamental rights of citizens，Although bothvalue targetshave different emphases，but reflects the respect for human dignity and freedom，the two cannot be neglected. However, there is a natural conflict which is more apparent in the Internetage between the two because of the different value targets, brought many problems arisingfrom the issue to the judicial practice. Therefore, it is a very urgent and research topics ofgreat practical significance to explore the conflict of freedom of expression and privacy in thenetwork environment, the performance of its causes, and build both conflict and coordinationmechanisms, seek balance protection of both."Human flesh search" is essentially a way of citizens in the exercise of freedom ofexpression under the network environment, We also saw in the case of multiple "human fleshsearch" a powerful and unique force, for example, correct and appropriate exercise, willundoubtedly play a positive role of freedom of expression to play the role of the icing on thecake. However, a realistic case also proved:"Human flesh search" just easily become typicalabuse of freedom of speech and become infringement Network violence In this particularfield of Internet. Its essence is the conflict of the right to freedom of expression and privacyin the network environment and coordination problems. This article uses the methods ofhistorical research and comparative studies to investigate conflict and coordination of theright to freedom of expression and privacy in the network environment.The author believes that the conflict is mainly manifested in two aspects of freedomof speech violations of the right to privacy of obstacles to freedom of expression and privacy.The main reasons of both conflict is reciprocity between the fundamental rights, the absence of legislation led to the inequality of the two legal status, the different orientation of both thevalue of the special nature of the network environment to freedom of speech, invasion ofprivacy conditions. In order to build a network environment, the right to privacy and freedomof expression conflicts coordination mechanism to achieve a balance of the two protection,First of all, we have to determine the principle of coordination, such as the principles ofhuman dignity, the principles of public interest, the interests of coordination privacy principle,under certain circumstances, the principle of giving priority. Secondly, we must practice thespecific coordination measures, including: the status of independent personality right ofprivacy recognized by the Constitution, to promote the improvement of privacy-relatedregulations; improve the network the regulations appropriate limit free speech on the web,such as scientific implementation of the NRS, which can legitimate "human flesh search"behavior; clear measures of online speech against privacy responsibilities; protect the privacyof the different types of different subjects in different ways, Limit right to privacy of publicofficials and other film stars and other public figures, as appropriate, to prevent excessiveexpansion of privacy.