News Infringement Of Privacy,

In recent years, the news tort case is increasing abruptly. The theoretical research on the news infringement upon the right of reputation has obtained a great development, while the research on the news infringement upon the right to privacy is not deep going yet. Based on the theory of privacy and the right to privacy, beginning from the conflict among the news freedom right, the social right to know and the right to privacy, this thesis analyzes in detail on the duty composition, duty form and the demurrer for the reason of the news infringement upon the right to privacy, and puts forward the lawmaking advice on the news tort on privacy linking with the present situation.The right to privacy is a kind of personality right protected by the law enjoyed by the citizen whose privacy can be arranged by oneself, and can not be illegally intruded, known, collected and used to public, only the natural person and the live one can enjoy the right. The right to privacy includes four aspects of its content, which are the peaceful right to individual life, the control and secrecy right to individual and life information, the secrecy right to individual communication and the using right to individual privacy by oneself. The right to privacy should be a kind of independent personal right, however in the Constitution and Civil Law it is not regulated clearly as a kind of independent personal right, and not lined as the right of reputation to be protected indirectly, but in the following lawmaking and justice administration a series of remedial measure is adopted, and the protective strength to the right of privacy is increased step by step.The news freedom right stems from the free speech regulated by the Constitution, while the right to know is one the news freedom meanings, which is the information be known by the citizen who enjoy the right to know through the news agent. There resists the conflict between the news freedom right and the privacy right, and the conflict tension results in the news tort to happen. The news becomes the primary infringement source of the right to privacy. The author analyzes the news infringement upon right to privacy in detail from subject, action, legal responsibility and so on, and also puts forward the demurrer for the reason suitable to the news infringement upon the right to privacy which are public interest, public personality,public location and the party agreement.Due to that the right to privacy is classified to indirect protection on the right of reputation in China, while there resists a quite difference between the right to privacy and the right of reputation, and there also presents different characteristic between the news infringement upon the right of reputation and the news infringement upon the right to privacy, so the right to privacy should be regulate as one independent personality right to protect directly. In view of the characteristic of the news infringement upon the right to privacy, the author claims that the news infringement upon the right to privacy should be reconciled.