Conflict And Measurement Between Protection Of Privacy And Freedom Of The Press

In recent years, social progress and the development of science and technologyhas greatly promoted the development of freedom of the press, this change markedthe gradual democratization of Chinese society. Meanwhile, it also indicates a threatto privacy. That is to say, the character of closure and conservatism of the right ofprivacy and openness of freedom of the press always stay in a state of confrontation,so do the individual privacy interests and the interests of the news media, which ledto the conflict between privacy and freedom of the press occasionally. This paper isdivided into three parts: introduction, body and conclusion, the text includes fourparts.First part is starting with the introduction of the basic connotation of privacy,privacy transits to privacy in law, etc, clear the definition of privacy throughexplanations of different scholars. At the same time, the author not only introducesthe process of freedom of the press from origin to established, but also fully explainsits connotation, significance and theoretical basis.Second part, firstly, analyze the reason from three aspects. Secondly, two aspectsof manifestation of the conflict is introduced, detailed description is given in thearticle.The third part presents the regulations on privacy right and freedom of the pressin USA, Britain, Germany, and France, by comparing and summarizing theirlegislative and judicial experience that our own country is inspired in resolving theconflict.The forth part is explaining the general rules of measuring the conflict, use ofprinciple of balancing of interests and principle of proportionality is brieflyintroduced. Finally comes the author’s opinion on solving the conflict, mainlylegislative and judicial suggestions.