Conflict And Balance Between The Right Of Privacy And Freedom Of Press

As the developing of economy, the right of privacy and freedom of press,which consider as the basic right and freedom, have becoming more and more important and necessary for build the society with rule of law and democracy. However, due to the rapid updating of technology and increasing competitive pressure which from media, the news media invade privacy in the name of freedom had repeatedly occurred. Due to the importance of privacy and freedom of press to society development, both of them require protection of law. How to protect freedom and privacy at the same time, avoid infringe each other, in other word, select a optimal balance point between freedom and privacy is critical point. But there is no academic conclusion yet. This work use the ’News of the World’wiretap as start point, explore and discuss the boundary of privacy and freedom of press, analysis confliction causes and phenomenons of the two rights, and try to find a way to resolve conflict between privacy and freedom of press. This work divided into three chapter, which include introduction, body part and conclusion. The body part also divided into the part:Part1:Case introduction:introduce detailed story of’News of the World’wiretap scandal, analysis case’s main focus of controversy and problems.Part2:Focus on critique to’News of the World’wiretap scandal and legal analysis. This part start from two aspects, privacy and freedom of press. Discussion base on confliction causes and phenomenons of these two aspects. Moreover, this part will introduce domestic and international statutory requirement of privacy, and the definition of boundary of privacy and freedom of press.Part3:Include solution of conflict between privacy and freedom of press.Introduce existing theory and principal of solution for the conflict, and combined with judicial practice, propose approach for resolve the problem.