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The Consent Principle Of The Parties In The Case Of News Reports Disclosure Of Personal Privacy

Posted on:2015-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:J W HouFull Text:PDF
GTID:2296330467967904Subject:Learns
Abstract/Summary:PDF Full Text Request
After entering21th Century, the news media is more developed, which brings more andmore news media tort cases. In addition to public character, there are more ordinarypeople become the focus of attention because of the news reports, and under the freedom ofthe press, the protection of privacy has become the problem that society and the statelegislature could not be ignored.This paper consists of four parts, adopts the writing mode of case study.The first part is the introduction, involved the background, value, methods and contentsof research.The second part is the case introduction, composed the reason, brief introduction, pointsof the case and the similar cases. In this case, it starts from a typical news media privacyinfringement dispute case, also joined the same types of cases. Though the focus of this case,it leads the author to the thinking of "principle of consent" in the protection of privacy right,and tries to see greatness in trivialness and give full play to the effect of one case.The third part is about legal analysis of the focus of the dispute and studying theapplication of law in this case from the perspective of "principle of consent". This partanalyses the application and determination issues of "principle of consent" in the protection ofprivacy right on detail, and spread out the issues from subject elements, objectiveelements, subjective elements and obligation to disclose of the principle of consent, etc.Besides, this part analyses that how to use the principle of benefit measure to betterrealize news value and protection of the right of privacy under the freedom of the press fromthe aspect of privacy right.The fourth part discusses the possible way which solves the news infringement, and howto determine the infringement of privacy in news interview, news reports, andnews publishing by the principle of consent as the standard to determine in particular.Through this study I hope that it would have a better standards to determine the newsmedia whether tort or not and what rights violations in the application of the law infuture. It is beneficial to our national establishment and perfection of relevant systems of ourcountry’s future privacy in specific cognizance.
Keywords/Search Tags:Rights of Privacy, The News Media Tort, The Principle of Consent, The Principle of Consent Elements
PDF Full Text Request
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