On The Protection Of Privacy In The News

This article is an attempt to explore how to protect the right of privacy in media which isn't discussed seriously by academic cycle in china.Part I: Fundamental problems in privacy and right of privacy. Focusing on the development of idea in privacy and right of privacy, author develop in detail concept, characteristics, nature, protection methods of right of privacy and its relations with right to know.Part II: Right of privacy and freedom of information. Firstly, author analyze the definity of freedom of information, based upon which, author explore the relation between right of privacy and freedom of information, pointing out both rights are the fundamental rights of human being, but they are mutually restricted and there is conflict between them. Secondly, author advance the solution of their conflict: judgement from the concerned spheres of media activities in relation with the public interest.Part III: Forms of media's intrusion into right of privacy. Auther analyze systematically the forms of intrusion into right of privacy in media activities, pointing out most intrusions occur during interviews and reports by the way of real cases.Part IV: Constitutive requirements of media intrusion into right of privacy. Combining with theory of civil tort's constitutive requirements and the characteristics of protection to right of privacy in media activies, author advance four constitutive requirements: existence of act of media intrusion into right of privacy; existance of injury; disclosure of the interested parties; subjective fault of tort feasor.Part V: How to deal with media's intrusion to right of privacy. Firstly, due to the nature of media activities, its inevitable for the intrusion into right of privacy to occur in the media activies,upon which, author advance 3 defenses: public interest, consentment of interested parties and public registration. Secondly, concerning the civil responsibility of media intrusion to right of privacy, combining current law stipulations and some particular points in protection of right of privacy in media activities, author point out that the responsibility forms should include: stop of intrusion, apology and compensation.Finally, author advance 3 proposals for the protection of right of privacy in media in china, in ordor to promote the refinement of legislation.