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The Study On The Law Of Conflict Between Freedom Of Press And Right To Privacy

Posted on:2015-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:X YuFull Text:PDF
GTID:2296330467456379Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Freedom of press and right to privacy are the two basic rights. Since the reform and opening up, with the continuous progress of the society Chinese news media industry has been hitherto unknown development, the privacy of citizens consciousness increases further, the conflicts and contradictions between the freedom of the press and the right to privacy has appeared. Therefore, to explore the conflicts between the two and the construction of the solution is more and more urgent. The phrase Freedom of the Press refers to news media and journalists have the right to interview and report news, the basic theory of it mainly includes the principle of the right to freedom of thought, fourth right theory, market principle. In modern times, the right of privacy becomes a legal concept which is protected by the law, refers to the natural person entitled to private information and field without others’ improper interference of rights.Thus, the freedom of the press is the pursuit of openness, and the right to privacy is in need of confidentiality, resulting in two is a two-way street, a claim the conservative. The freedom of the press infringement right of privacy is mainly carried out in two ways, one is the method of interviewing, the other is the content of news itself. Interviewing methods can be divided into lens aggression, hidden photography and recording, alias, tracking, eavesdropping, the interview way, news tort include disclosure of privacy and the privacy of others errors reported in two ways. On the other hand, the right to privacy on the freedom of the press are excessive defence have also occurred, such behavior will be cut off in the circulation of information society, weaken the media supervision function.In this paper, mainly from the three aspects of research and analysis, the first part is the basic theory of the freedom of press and right to privacy, starting from the concept of the freedom of the press, the emergence and development of privacy, the significance of legal protection of the right of privacy, as well as the theoretical basis of legal protection of the right to privacy to elaborate the importance of privacy study. The second part mainly studies the conflict between news media and individual right to privacy, in this part not only analyzes the news media present situation and so on, also analyzed the essence that conflict of news media and individual right to privacy is the conflict of interest conflict and means. Analysis of the third part mainly studied the freedom of the press and the right of privacy conflict solution mechanism of the news media legislation, legislation and strengthen the protection of the right of privacy suggestions.
Keywords/Search Tags:Freedom of Press, Right to Privacy, Law Conflict, Delima, Protection
PDF Full Text Request
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