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Relationship Of The News Media The Right To Freedom Of Expression And Privacy

Posted on:2014-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:F LiuFull Text:PDF
GTID:2296330425979498Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The current social divisions reporter hot issues has been well-known. Across the countrycourt received a significant increase in caseload prosecution of news publishing unit and itsreporter, including removal of the press and publication units against natural persons the rightof reputation, substandard legal right of honor of the cases, mostly involving the privacy ofnatural persons. Professor Yang Lixin in infringement cases two district court in Beijing inrecent years, the admissibility of news research found that up to82.4%of the cases involvinginvasion of privacy. Divisions reporter hot issues behind the news media the right to freedomof expression and natural persons privacy in reality the result of the game. Is seizing this erahot issues for the purpose of the spirit of seeking a method to ease the media the right tofreedom of expression and privacy tensions.Expand entire article discusses the text is dividedinto three parts:The first part, starting with the concept of the right to freedom of expression and privacyof the news media define, then the value of the two right behind deep excavations. Throughanalysis of the value of the right to freedom of expression and privacy of the news media, andthus explain the role of the news media, the right to freedom of expression on themaintenance of the public interest and social progress, Privacy significance for themaintenance of personal tranquility and natural persons of human dignity, and later on thenewsmedia the right to freedom of expression and privacy relations coordination gameprocess evaluation and measurable criteria.The second part of the right to freedom of expression and privacy of the news mediastatus quo reality in-depth analysis: Privacy experienced from scratch, constantly enrich thecontent and complicated process, the development so far, showing the trend of anever-expanding and continuing. The expansion of the right to privacy is reflected in theexpansion of the scope of the subject and object. The media is not satisfied with the existingrights of freedom,"adventures," For the driven, the tentacles into the privacy of naturalpersons is not surprising. The problem, however, followed by: the erosion of privacy led tothe expansion of the democratic values of the right to freedom of expression in the media andthe presence of foundation; led to the expansion of the privacy of the value of human dignity,the object range and social basis of the right to freedom of expression of the media derogation. Thus, based on the good social order, the maintenance of public interests and rights of therequirements shall not abuse, leads to the regulation of the right to freedom of expression andprivacy in the news media, the same time the the regulation two principles: the interests of themeasuring principle and the principle of proportionality. Strive to avoid rights cause "injury"in the process of regulating both the way to pave the way for balanced news media the right tofreedom of expression and privacy are presented below.The third part of trying to solving discourse on the basis of the first two parts of thebalance of the news media, the right to freedom of expression and privacy relationship. Firstdoctrine to balance the right to freedom of expression and privacy in the news media on theacademic been introduced: the right to freedom of expression in the media priority privacypriority cases balance said. Comment on the above doctrine leads to the author’s point of view:Coming sight of the relationship of the right to freedom of expression and privacy in the newsmedia included in the public interest, the public interest to balance the tension between thetwo. Next, in specific the public interests of the different types of body privacy and the mediathe right to freedom of expression of the complex relationship how to play a balancing role,come to the introduction of the public interest in the coordination of the relationship betweenthe two can achieve a win-win situation, meaning significant.
Keywords/Search Tags:The right to freedom of expression in the media, Privacy, Public interest, Interest measurement
PDF Full Text Request
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