Study Of The Defense Against News Tort

News tort is the behavior that news organizations or journalists use mass media to infringe the moral rights of nature person or legal person in the news dissemination process. News tort is essentially the conflict of interests between press freedom and moral rights and how to balance the interests between them becomes an unavoidable problem of contemporary legal systems worldwide. However, the relevant laws of our country have failed to solve this problem, which is directly reflected in the provisions of the defenses against news tort. The system of the defenses against news tort is the most powerful weapon to resolve the interest conflict between press freedom and moral rights, it has the function of specification guideline and value declare, with a value basis of freedom of speech, right to know and right of supervision of the media. Unfortunately, through the research of the relevant laws of our country and related legislation on foreign countries, it is obviously that our system of the defenses against news tort still remains in its infancy, which is not commensurate with the rapid growth of the news tort litigation in China. Therefore, in consideration of the current situation of our system of the defenses against news tort and a comparative analysis of the legislative concept and development of the system of the defenses against news tort between China and western legal systems, it turns out that the establishment of rule of law and the development of specific institutional framework is the key and leading force to promote the system of the defenses against news tort to achieve a breakthrough in China. In the discretionary space of the administration of justice, promotion of the idea to establish a case-by-case judgment and make it a demonstration effect is a complement and derived product in the process of perfecting the system of the defenses against news tort.