On The Civil Protection Of Portrait Rights Entertainment Stars In Journalism

In China, journalism tort comes with the development of journalism. Since lastcenturay, accompanying the progress of newspaper and broadcast, the communicationmedia, such as newspaper,magazine,TV,radio and current internet, have flooded andspread all over the country like mushrooms after the rain. These media aretransmitting various information, widely and swiftly, to the society and the public,with a significant influence on our lives. When information is being disseminatedthrough the journalism media, due to the human’s subjective agents,somenon-objective or controversial news events might be covered, thus the privacy andreputation maybe infringed by diverse kinds of news coverage. With the developmentof entertainment industry, news media pay increasingly high attention to theentertainment circle, as well as to the entertainment stars exposed in the newscoverage.If inappropriate wording is employed in the coverage, which may in turnarouse enormous dispute, people involved tend to be confronted by a torrent of voicesand their portrait right, reputation right and privacy right might be impaired in a greatdegree. This article, based on the current situation, with the research approaches ofsystem analysis, comparative analysis, case studies, logical reasoning and valueanalysis, focuses on civil law protection of portrait rights of entertainment stars in thenews communication.The full text is composed of three parts: introduction, body and conclusion.Thebody includes four chapters, and each chapter is summarized as follows:In chapter I, through the approaches of system analysis and value analysis, thebasic theory of the portrait rights of entertainment stars in news media is discussedfirst; with the basic theory of portrait and portrait rights as a springboard, the concept,characteristics and nature of the portrait right of entertainment stars in the newscommunication are then elaborated; with the analysis of the nature thereof, theprotection and striction of entertainment stars’ portrait right infringed by the press arebrought up, as well as the balance of conflicting rights.In chapter II,through case study and induction, the tort types in reality and themain reasons of portrait right tort by the press are summarized; the constitutiverequirements and means of civil liability are analyzed and discussed.In chapter III, through comparative analysis,current situation of the protection,inChina, of portrait right of entertainment stars in the news communication and theinsufficiency of the protection are expounded.In chapter IV, through comparative analysis and induction, on the basis ofanalyzing the status question of domestic and foreign protection of portrait right of entertainment stars, the domestic and international protection modes of portrait rightof the entertainment stars are summed up; proposals of improving the civil lawprotection in china of portrait right of entertainment stars in news communication arethen brought up, including three aspects: improving the basic moral rights legislation,improving relevant legislation of portrait rights and improving related legislation ofjournalism.The infringement types are existing in reality, the main reasons of tort caused inreality and the deficiencies of current law with respect to the protection of portraitright are systematically summarized; based on the foregoing, the recommendation ofimproving the civil law protection thereof is then put forward, that is, making detailedlegal provisions on the press infringing against entertainment stars’ portrait rights, toprovide a legal basis for the entertainment stars to maintain their portrait rights andfor the judicial practice on such kind of tort cases; at the same time, the legislativegap existed in the protection of portrait right of entertaiment stars in the newscommunication would thus be filled.