Research On The Right Of Privacy In Communication Law Of U.S.

This thesis includes four parts: the definition of Law of Privacy, the delimitationon the invasion of the Law of Privacy, the defense for the invasion on the Law ofPrivacy, and the instructions for the construction of related legal system in China.The first part introduces the basic concept and the definition for the right ofprivacy in American legal system, which involves the theories on privacy, thedefinition of privacy in Communication Law, the origin of Law of Privacy, the traitsfor the invasion of the Law of Privacy from mass media, While the definition of theLaw of Privacy is analyzed, four theories are introduced,, they are the right to be letalone, intimacy, the retention of information, the right of person hood.The second part deals with four types of invasion on the Law of Privacy, namelythe embezzlement name or analogues: including commercial use and the definition ofanalogues, publicizing privacy facts: including the standard for the delimitation, thedefinition of "serious offensive" and news value; error reports: including the types andelements; harassment: including privacy expectations, constitution and application offraud means in which the basic elements are analyzed in these four types.The third part states various justifications in America invasion of privacy. Thefirst is the reporter’s privilege, including the necessary conditions and neutralreportage privilege; the second is the constitutional privileges, mainly relates to a freepress and free speech provisions of the USA First Amendment of the Constitution andthe principle of public interest; the third is a public figure, mainly introduces theparticularity of public figures privacy protection; the fourth is the consent of theparties, which means having the parties agree can be exempted; the fifth is the publicsector privileges, including public places and public record principle.The fourth part explores the instruction of the privacy system in theCommunication Law of the U.S on the legislation process in China. On the one handfrom the eastern and western cultures, traditions and ethical values, what can beexplored and taken advantage of are paid attention to. On the other hand, from thepoint of the news legislation in China, and the protection of the right of privacy, thepossibilities are found about the ways to improve the legal system for the protection of the privacy and to make the Press Law as soon as possible with the considerationfor the actual scenario in China.