Research On The Conflict Between Free Speech And Privacy

The freedom of speech is an important right for people to express their speech, idea, opinion as they like. It the key expression to self-realization and participating in social management. It is also the prerequisite and foundation for people to enjoy other rights and freedoms. The development of the Internet information technology, the exercise of citizens freedom of speech have more open channels and broad platform space, all kinds of new media, especially since the emergence and development of the media also provides the citizen’s subjectivity express more likely and a broader space. Privacy is the right of citizens’ privacy, emphasizes the safeguard of citizens’ personal life and personal space. The development of the modern civilized society make citizens pay more and more attention to personal space enjoy and the maintenance of personal privacy. The rise of media and he development of the network enables citizens to a more and more extensive expression, at the same time, citizens’ privacy is more and more nowhere to hide. This will inevitably produce conflict between free speech and privacy. Freedom of speech and privacy are in the fundamental value of the constitution. They have played an important positive role in constructing a complete personality, promote social civilization and social progress. In solving the conflict between free speech and privacy, we should not make either-or choice simply, and should be carefully measure value and interests.At present, for the freedom of speech and privacy conflict resolution mechanism the law has no specific provision, the theoretical circle of law has not reach a consensus. I made a comb for concepts and theories related to speech, freedom of expression and privacy, the right of privacy, in order to achieve the purpose of correct understanding and defining of the connotation of the relevant concepts, and also cleared problem such as status, value and rights scope of free speech and privacy. Then, I summarized the performance, reasons and other problems of the conflict between free speech and privacy with combining the judicial practice and the research of existing.The United States and Germany are mature on free speech and privacy conflict resolution. Due to different historical and cultural background and legal tradition, the two countries developed different regulation principle and settlement mechanism in dealing with the conflict. In this paper, on the basis of systematically introduces of relevant system and principle about free speech and privacy conflict resolution of the the United States and Germany, combining with analysis of our country legislation and judicial practice, I’d like to explore solutions patterns on the conflicts conforming to the practical circumstances of our country.