The Study Of Exceptional Legal Protection For Public Figures’ Privacy

With the advancement of the news industry and the social development, the public figures privacy tort disputes have attract extensive attention of all sectors of society. Whether the public figure-the group that is chased after and worshiped can enjoy the protection of laws for their privacy as the other group members have had equally has been a big concern for the jurisprudential circle and the public. Some people argue that, when the public figures are enjoying the special interests, they are losing the rights for privacy requirements which are the cost for their being the public figure. Others consider the public figure as qualified civil subject and they should enjoy protection with the same degree of privacy laws. In this paper, the writer holds that in no circumstances the public figures’ privacy rights should be ignored. However, there should be certain restriction for that when it is related to the public interests to protect the public’s rights to know and the supervision by public opinion. The aim is to ultimately gain the public interests. The writer will start with the introduction of the basic theory of privacy rights. Concentrating on the central argument, the analysis of the different types of scopes for the public figures’ privacy protection will be conducted with the deep investigation of the conflict and coordination mechanism of public figures’ privacy rights and the other rights of them. The recommendation then will be given with the above analysis.This paper will be divided into three parts with the following contents.The first chapter is about the situation of the exception of public figures’ privacy protection. With the given of the definition, contents, the basic characteristics of privacy rights, the paper will base on the analysis of the connotation of the public figures, classification of them and certification standards, and research on the necessity of the exception of public figures’ privacy protection with laws, the principles and the situation of legislation and judicature in our country. The second chapter will illustrate the exceptions of the protection for the political figures’ privacy. This is the special explanation of the political figures’ privacy protection. With the recognition of the basic connotation of political public figures, the paper has had a deep analysis of situation and the balance means when there is a conflict between the political public figures’ privacy rights and the other rights. While drawing lessons from the relative legislation and the judicature practices in the abroad, the paper proposes the third means for the improvement of the political public figures’ privacy protection law’s exceptions. The third chapter is the exceptions of the public figures’ privacy rights protection in laws. By comparing the political public figures with the social public figure, the characteristics, scopes, principles of the latter in privacy protection will be listed. Apart from that, the conflicts and the balances of the social public figures’ privacy rights with the rights of the other citizens will be put on great emphasis. The special characteristic of the social public figures’ privacy rights protection exception will be pointed out and then the recommendations of the construction of the social public figures’ privacy rights protection exceptions in law will be given in the last part.