| The media industry has been developing at a high pace with the economic development and social advancement since reform and opening while the growing up of China's media is an important indication of the rapid economic development and democracy advancement. However, some new problems supervene one of which is the increase of news tort. This paper will focus on how to guarantee the health developing of media industry under the framework of law, how to insure the freedom of speech entitled to the media industry and how to protect the personal right of the public from the view of constitutive requirement of news tort.The general four requirement of tort can be applied to the news tort; nevertheless these rules seem to be too abroad when dealing with news tort case and sometimes the problem of adding the proof burden of one party will emerge. The media's quality of public interests differentiates the news tort from the normal tort between the subjects with equal status: overemphasizing the duty and proof burden of the media companies will limit their liberty of speech and goes against the development of media industry in a long term; due to the enormous influence of media it might to the abuse of right without definite liability regime.Law can play the role of balance between affirming the exemption rights of media companies and the employed, protecting the media's right to speech and protecting the right of personality of the public. This thesis does not agree with the opinion of settling the news tort by formulating the Act for News. The Act for Tort, as an important part of civil law, has been agitation and gestation which is an opportunity for solve the problem of news tort. The solutions are using the relating mature experiences in western countries, combining with China's situation and define the constitutive requirements, responsibility regime and demurrer of news tort as a separate chapter in the Act for Tort. |
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