| In2009, the introduction of the 《Tort Liability Act》clear privacy as the right to anindependent personality protected, and press freedom is a fundamental right under theConstitution. The role of supervision by public opinion in the social development can notbe ignored. Therefore, due to privacy with emphasis on the protection of personal secrecy,the expansionary of press freedom advocates social interests, conflict between the two isinevitable. In recent years, News media invasion of privacy have occurred. Then whenhave conflict, How to make trade-off is an urgent problems in the academia and thejudiciary.This paper study based on a large number of domestic and foreign document. Use ofliterature,Interdisciplinary research, and make theory and practice of combining. Based onthe special requirements of the news media reported of Chinese characteristics. Boldlyabsorb foreign beneficial results, make a large number of expositions on mediainfringement issues in China. First pointed out the analysis of the conflict between thefreedom and privacy. Collected a large number of media invasion of privacy andinternational cases. Through legal analysis, demonstrated a reasonable basis of the need forlegal protection of privacy. By the research on the relationship between the freedom ofpress and the protection of privacy. The extent of proposed privacy protection maindifferent view of the difference between protection, and presented to the media invasion ofprivacy should have different conditions and defenses. Last, combined with China’snational conditions and proposed some solutions.The establishment of the " Law on thePress "Regulations on the protection of personal information settlement mechanism to takea wide range of ways.Finally, we should increase the judge’s discretion, make privacy andfreedom of the press perfect combination. |
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