The Improvement Of The Theory Of News Tort Defense

In recent years, with the steady progress of the socialist democracy and legalsystem, our country’s media industry has gained a long and rapid development. Themedia plays a more and more important role in and takes powerful hold of the sociallife. However, there come more and more conflicts between media and society whichbring about news infringement cases in endlessly. On the one hand, along with theimprovement of our country’s legal system and the ordinary citizens’ legalconsciousness, the citizens’ consciousness of right protection gain a great boost; Onthe other hand, the media also strongly calls for the establishment of the system ofsupervision by public opinion, and wants to influence to the society more deeplyunder the background of the freedom of speech and freedom of expression. Thebalance between press freedom and personality right protection under the existing lawsystem is the hot point of the study on the news tort defense and the main concerns ofcurrent judicial adjudication. In judicial practice, the news media as a defendant innews infringement cases also has put forward a variety of defenses to maintain theirown rights and interests. But the judge does not give enough attention because of lackof relevant laws, regulations and judicial interpretations of the certainty of regulation.So the news infringement defense has positive significance for our country’s newsmedia to perform their duties.First of all, to have a whole understanding of the news infringement defense inour country, this paper will state the current situation of the news tort defense in ourcountry, the relevant regulation and academic disputes in this area; Secondly, thepaper will analyze the necessity of improving news tort defense in our country fromthree aspects: judicial practice, interests balancean and value demand; Thirdly, thispaper will analyze the legal regulation of news tort in Anglo-American law systemand continental law system and draw lessons from them to improve our country’srelevant regulation of news tort defense. Finally, based on the analysis of the above problems and the advancedexperiences of other countries, this paper will put forward the idea of improvingChina’s news tort defense regulation system.