News Invasion Of Privacy Issues

The right to privacy is a kind of personality right. It means the natural person can control the privacy information that has nothing to do with the public interest independently. The right to know refers that the public have the rights to know the information that they should get. Freedom of the press is a basic one that is protected by the constitution. The existence of right to know established the foundation for the freedom of press, at the same time the freedom of press offered the way to realize the right to know. In daily life, the persons both ask for protecting their rights of privacy and want to know everything around them, trying their best to enlarge the information in order to satisfy themselves in the aspect of spirit demand. While the media will touch the aspects of public lives as much as possible to meet people. This kind of situation will probably lead to the infringement of privacy rights with the reason of realizing the rights to know.Now, aggravate with the fact that the medium job competes, the action of intrude into people' s privacy rights is frequently, for the eyeball being attracted by the masses , the way and the content of report frequently deal with people' s privacy, so, how to protect the right of privacy is a problem which is being more and more important.I start the article to analyze the reason why the two rights conflict. I analyzed the nature of media activities and the constitutive requirements of media intrusion into right of privacy , advanced three defenses, concerned the civil responsibility of media intrusion to right of privacy . I also claimed the series of basic principles and specific ones for coordinating the conflicts of them, attempting to find a foothold and efficient method to solve the contradiction and conflict produced by them.This article is divided four parts to carry on showing and the discussion to the correlation question:Part 1: Fundamental problems in privacy and right of privacy. Focusing on the development of idea in privacy and right of privacy, author develops in detail concept, characteristics, nature, and protection methods of right of privacy. Part 2: 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 actives, author advance four constitutive requirements: existence of act of media intrusion into right of privacy, existence of injury, Between the violation right of privacy behavior and the harm consequence has the causal relation,subjective fault of the people.Part 3: The media infringement right of privacy responsibility contradicts the matter. In this part, this article discusses the theory at present to contradict the matter question about the media infringement right of privacy several viewpoints, thus proposed the news infringement right of privacy responsibility contradicted the matter: The right of privacy and the public interest has the conflict, the litigant agreed, the personal situation or the information paper have become the public record the content, the people who is reported can not be identify.Part 4: Media right infringement responsibility undertaking. In this part, this article unifies the present civil legal standard, as well as in the news activity right of privacy protection some characteristics, pointed out news violation right of privacy the responsibility undertakes the way to include: Stop violating, apologizing the apology, pays indemnity for damage.