| Along with our country democracy and mass media industry development, the newsmedia supervision has become the main way of social supervision, but news media maynot always at the news court, so they need the news providers, who provide the newsfacts and materials.We can said that most of the news is completed with news source,reporter, and Television station. The news media with the news provider’s help to hold thenews sources at the first time, through the news media, news provider fully exercisingtheir freedom of speech, and show their value in the social public affairs. However, thenews provider provide false news material is also the main reason for the newsinfringement.because the relevant laws and regulations are not perfect, the plaintiff ofnews infringement just include journalists and Television station, while ignoring the newsprovider.News providers’s tort liability in constitution have some same point with thegeneral tort liability, which also contains four elements: illegal behavior, damage, thecausality of illegal behavior and the damage, and subjective fault, but also there isdifferent from the general tort liability, such as news providers must report their tortinformation by news organizations. According to our country related judicialinterpretation of the provisions, news providers can be generally divided into active andpassive news providers, passive news providers is divided agreed to publish and don’tagree to publish, the related judicial interpretation on duty were provided. In addition,there are some special news providers, such as a state representative of authoritative newsproviders, when the information is not real and caused infringement, it shall bearcorresponding responsibility, news media in a certain extent can enjoy concessions; newsproviders who accepted the recessive interview shall be deemed to not agree withpublished passive news providers, generally don’t assume responsibility for providingfalse information; network news providers tort problem while in the” tort liability law”the relevant provisions of the applicable, but because of their anonymity to fulfillresponsibility has certain difficulty, if news media use network news providers especiallyanonymous news providers should have caution.News providers tort liability has its particularity, it is news unit in the interactionprocess of generating, therefore discusses news source tort responsibility mainly relatesto the division of responsibilities between news providers and news media.Newsproviders tort liability in substantive law should have corresponding implement, whichmainly involves tow problems: Firstly, how to determine the news provider’s status whenthey as litigant, by journalistic occupation moral derived from occult entitled journalistfor the news source of personal information confidential, but don’t know the litigant’sinformation would make the sue could not be started, so in respect of news activity under the premise of the law, the law should give journalists limited occult rights; Secondly,what is the relationship between news providers and news media when they are in theprocess of the sue, the news media could recourse the news providers which based on thecontractual relationship. |
PDF Full Text Request