Research On Freedom Of The Press And Protection Of Privacy

In the society ruled by law, both press freedom and the right of privacy are indispensable rights.But between the two sides there has been conflicting. And with the progress of science and technology, the conflict is more and more serious. If we cannot handle the relationship between the two sides properly, which will seriously affects the development of our country. Therefore, resolving this problem is the purpose of this paper. Provisions of the "Tort Liability Law of the People’s Republic of China" are so principle that it has not strong applicability. This paper starts from the concept of freedom of the press and privacy, and then analyzes the phenomenon of press freedom violations of privacy and analyzes the reasons of this phenomenon. And reference to the foreign practices, combines with the legislation of our country and specific conditions, and puts forward some solutions to resolve the conflict. This paper’s structure is divided into introduction, body and conclusion of three parts, in which the body part consists of four parts:The first part is an overview of the press freedom and the right of privacy.Through various scholars on the definition of the concept of press freedom, clearing the meaning of press freedom. In order to understand the freedom of the press better, expounding the contents and values of press freedom. At the same time, it defines the concept of privacy and the right of privacy, the content of the right to privacy related to the news spread activities, the value of privacy and the current situation of our country on the protection of privacy.The second part summarizes the phenomenon of press freedom infringe the right of privacy. And analysis the reasons.At the stage of interview and report, there are more tort phenomenon. At interview stage, infringements of the privacy acts are:invasion of the private sphere, monitoring, eavesdropping, candid camera, secretly recorded and violation of other people’s personal information. At the stage of report, infringements of the privacy acts are:disclosures others’matrimonial res, love situation, family situation, property status and disease defects; When reported minors’crimes or other bad behavior, arbitrarily reveal minors’ information what can sufficient to identify their identity, disclosing party’s personal information when the reported "sex"-related topics. In short, both at legal and social aspects have reasons about the conflict.Finally, in order to provide experience to our country solving this problem, author briefly introduces the theories and practices in continental legal system and Anglo-American legal system. When solving this problem, we should follow the principle of human dignity, the principle of public interest, the principle of legitimate public interest, the principle of truthfulness, the voluntary principle and the principle of distinction. To safeguard the rights of citizens better, the authors suggests:In the legal aspects, improve the news spread laws and protection of privacy laws, strengthen the judge’s discretionary power. In the social sphere, strengthen the news practitioners’professional ethics and the media self-discipline, improve the consciousness of citizen privacy protection.