Freedom Of Press And News Infringement

The freedom of news is modern times human rights which results from the joining of freedom of speech and pressing. The news infringement should bear the responsibility of civil case because the news has encroached the personal right and property right of natural person, legal person and other organizations. The contradiction of freedom and infringement is one of the very important subjects in science of law. At present, the law suits which accusing the news media are more and more. The law not only protects the citizens' rights for freedom of speech and pressing which are defined by constitution, and also helps the person whose reputation is hanned by media to relieve from it. When the two profits conflict each other, the law should find a balance which is good for the more important profit The paper has seven parts that will expound more detail on news freedom, news infringement and news infringement counterplea.The first part reports the concept of news freedom. The freedom of news is a strict law freedom. The significance of the freedom shows on the following aspects: news freedom is a basic human right;news freedom is citizens' democratic politic right;different from the citizens' and legal person's right, news freedom is a special right;news freedom is safeguard for the implementing the law rule;news freedom is an important condition for the development of economics and culture. The second part reports the boundary and constitution of news infringement The reporter thinks that the news infringement should bear the responsibility of civil case because the news has encroached the personal right and property right natural person, legal person and other organizations and is a very special infringement It involved public profit, personal profit. Just these two profits' contradictory and confrontation in the news infringement cases decide the different constituting conditions between the news infringement civil case responsibility and common infringement civil case responsibility. It is formed from the following parts: the action must violate the law;the objectivity harming the facts exists;the news infringement action and the harming results have the causality;subjectivity fault The third part lists the main expression of news infringement It divides the news infringement as infringing reputation right and infringing commercial reputation right;the action which infringes the right of portrait;the action which infringes the right of copy right;the action which infringes the right of name and designation;the action which infringes the right of trust worthiness;the action which infringes rights of privacy. It analyzes every news infringement expressions. The infringement the right of privacy means using news toannounce others' privacy action. It analyzes the vague parts and dispute parts in the region where the knowing right and privacy right are easy having contradiction. 1. The right of privacy concerning public person 2. The right of privacy concerning the dead person 3. The right of privacy concerning the under age person. The fourth part discusses the responsibility part of news infringement. The author discuss the infringement from news sources, authors and media the three parts. Firstly, the news sources should not have the responsibility of infringement because the news sources are not the decision factor to published is decision factor to form news. The news' forming and being published is decided by the "power person". Secondly, the news sources don't know the matter very well. It provides the news clue and material to the reporters to investigate. The news clues and materials are news' important sources. Thinking from the encouragement and protection news sources, the news sources should not have responsibility, or it will be blocked. Besides, the news sources in administration practice as responsible part are difficult to deal with. 2. Author. I think the author should be divided as two kinds. As for the author of our unit, I think it can be divided into two kinds: one is the authors appointed with the news unit;Another is the authors not appointed with the news unit, such as propagandists, free-lancer. As for the authors appointed with the news unit, if his news works are infringe after issuing in the media, the authors should bear joint liability with the news unit, namely the two are all responsibility subjects . As for the authors not appointed with the news unit, if his news works are infringe after issuing in the media ,the authors should implement" taking sole responsibility for his views " in the strict meaning , the author is namely a responsibility subject .3, Media . The media can usually be divided into the media issuing and the media reprinting. The media reprinting is to transmit the media that issues news works that the media publishes promptly. I think it should give a additional consideration for the media reprinting as the responsibility subject First of all, I don't agree to consider the news works to be reprinting under the system of traditional dissemination of news, the key point is that the publish right is restricted by " one use up " principle and one restriction that draft can throw more mainly. I advocate, reprinting the media should only become the responsibility subject while violating faithful obligation in it, bear the corresponding liability for tort. The fifth part summarizes the form of civil liability that the news infringes. 1, Stop encroaching. Stop encroaching means victim require inflictor who is implementing the on-going tort to stop encroaching in accordance with the law. This way adapts to various kinds of torts afoot or in lasting state, as to already stopping and the tort not implemented yet is not suitable. 2, Dispel influence, rehabilitate reputation. If the news tort encroaches on others' personality right causes the harmful effects within the specific limits, diminish victim's reputation, the victim must ask to dispel influence,rehabilitate reputation and it should be generally equal with the ranges of the harmful effects that causes by the tort. If the injure behavior is in lasting state, it should amalgamate with stopping encroaching on suitably. 3, Make an apology. It means the infringer acknowledges the mistake to the victim , apologizes to make an apology, in order to try to get the victim's pardon. The infringer can take the oral way while making an apology, can also adopt the written form, but its content must pass the people's court and examine in advance. 4, Reimbursement of damages . It means a kind of civil liability way that is to compensate for the losses that the victim receive with the inflictor's property if the inflictor's behavior causes others' property loss, loss of life or the spirit to damage . It is the most extensive and also the most important way that are used in all ways to bear civil liability. The sixth part expound the burden of civil action that the news infringes. I think although news infringe belongs to generally infringe, should be suitable for the principle of the fault infers and the inverted burden of proof. It can infer promptly the defendant has fault subjectively so long as to possess the important document with these three respects that are the fact that the plaintiff is damaged to its reputation, the defendant's illegal activities and the causality between the behavior and result produces evidence, then the defendant proves with evidence that there is not fault subjectively in it, if can not prove, the defendant should bear the liability for tort The seventh part tells origin of an incident of counterplea of civil liability that the news infringes. I think, when news unit or the reporter is told and infringed, they do not bear civil liability, if there are the following origin of an incident. 1, Basically true report and fairness comment 2 relevant people offer or agree 3 , Authoritative information source 4 The needs of public interests. The needs of public interests means all things related to social public interests or the thing that must be open out of the need of social public interests, is not protected by the right of privacy. 5, Use rationally. This origin of an incident of counterplea is generally applied to the origin of an incident of counterplea that news unit and author encroach on others' copyright. It is the extension in the field of copyright law of the public interests principle.