Research On The Conflict And Balance Of The Right Toprivacy Protection And Freedom Of The Press

Along with the progress of the society and the citizens’ rights consciousnessawakening,news infringement of privacy has occoured frequently in recentyears.Freedom of the press is the extension of freedom of speech and freedom of thepress,it will press the ins and outs of the accident in front of the public by the newsmedia,but privacy always emphasize the maintenance of personal life and exclude alloutside interference. The fight between freedom of the press and privacy inevitablyappear. Freedom of the press and privacy protection is a basic symbol of modernsociety,they also complement each other and promote each other. Freedom of thepress and privacy should be protected by law,because both of them bear theimportant mission of perfect personality.So we have to seek a balance between theconflict and make both live in harmony.I use relevant knowledge of law and newstheory knowledge on the law research of the conflict.From the concept of freedom ofthe press and privacy,I analyse the manifestation,cause and so on of the conflict.Atthe same time starting from the reason of the conflict,I put forward my own solutionand try to make the two basic rights to balance and coordination.I hope to providesome references for our country’s legislation and judicial practice and promote thesocial progress.This article is divided into introduction, body and conclusion.And the main partcontains three chapters: The first chapter is an overview of freedom of the press and privacy.This paperintroduce the meaning of liberty and freedom of the press, the meaning of privacy andthe right to privacy and summarize some characteristics.So it will enable us to deepenour understanding of these two concepts.At the same time I analyze value on thefreedom of the press and pricacy and give a brief description on present situation ofthe legal protection on press freedom and right of privacy,so we will be aware ofthe importance of these two fundamental rights protection.Finally from the macro imake a brief analysis on conflict and balance of the freedom of the press and privacy.The second chapter is the freedom of the press and privacy conflicts.On the onehand the main contents of freedom of the press are the news and news reports,theywill get involved in citizen’s private life and reveal personal privacy of citizens.Onthe other hand,if we emphasize the right of privacy too much,it will affect the functionof right of privacy.So we will understand that the conflict is mutual.Then respectivelyfrom rights to its own factors, the lack of laws and regulations and the decision of thesocial environment effect,i analyze the reasons behind the conflict.The third chapter is the balance of press freedom and privacy.Because Freedom ofthe press meet the knowledge of the public,so our country must have a strictconstitutive requirements on the violation of privacy. From the four elements of tortliability: illegal act, subjective fault, damage consequences and causality betweenillegal behavior and damage consequence, we make reasonable definition ofviolations of the privacy act.Then we put forward two justifications on freedom of thepress violation of privacy rights.They are the victim’s consent and to protect theinterests of the public. Finally i put forward to the idea of freedom of the press andprivacy legal protection system.Only in this way can we make the two basic rightsbetter protected.