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On News Invasion Of Privacy

Posted on:2007-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q SongFull Text:PDF
GTID:2206360185982192Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Freedom of press and right of privacy are both the basic right and freedom protected under the law. Freedoms of press and protection to the right of privacy represent separately different interests and value. The value of freedom of press lies in the represent of social public interests. The value of the protection to right of privacy lies in individual right Both are the important composition of construction of democracy and law in contemporary society. But they will constantly conflict with each other during the exerting process. The key to the question is how to delimitate the limit of exertion. So both individual right and social public interests are protected.In the first part, this paper firstly sets forth basic theory of right of privacy and freedom of press. It includes the conception, character, object and content of right of privacy as well as the meaning of privacy. And then it makes an introduction to institution protection and academic research history on it. Finally, it explores the conception of press, character and content of freedom of press.The second part probes the conflict and balance between right of privacy and freedom of press. This is a multidisciplinary problem, and also the focus on infringement of the press upon right of privacy. At the beginning, from the link of protection to right of privacy and freedom of press, this part analyses common direction to aims and restrictions on content Then in the four aspects, it expounds the reasons that cause the confliction between the protection to right of privacy and freedom of press. On this basis, it lists three kinds of views in law community. Besides, it brings in the method of interests comparison to analyze this conflict of interests between them. At last, it puts forward the principle of social public interest balance. This principle is divided into two small principles. One is to distinguish public people from common people. Protection to right of privacy clines to common people .The other is to distinguish legal action from illegal action, behavior accorded with public morality from behaviors not accorded with public morality. In this situation, protection to right of privacy trends to legal action and behaviors accorded with public morality.In the third part, it discusses the general problem on infringement of the press upon right...
Keywords/Search Tags:Right of Privacy, Freedom of Press, Principle of Balance, Infringement of the Press upon Right of Privacy, Legislative Proposals
PDF Full Text Request
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