Freedom Of The Press And The Protection Of Public Figures’ Right Of Privacy

With the development of economy, the spiritual needs of people are increasing gradually. The conflict between press freedom and privacy of public figures became a hot spot in theoretical and practical legal field. On the one hand,people paid more and more concern on public utilities; On the other hand, press freedom has been giving more and more intense. Reflected in the field of law, the law of personality rights becomes a hot research topic. As the core of the personality rights, privacy and freedom of expression have become the focus of public attention. On this condition, the conflict between privacy and public figures will inevitably become a hot topic in the academic and judicial debate. Under the current legal system, the law of privacy is still weak, and the boundaries of privacy and freedom of the press is also very vague, so that, there’s no specific criteria to measure on freedom for the privacy of public figures points when a conflict occurs. In this context, the current tort system in our country, in order to establish recognized news infringement specific criteria will be very tight; the paper is divided into four parts of this study.The first chapter is an overview on privacy of the public figure and freedom of the press. The first part is to define the concept of privacy. The right to privacy rises in the United States as a fundamental right of personality. I made an accurate definition of the existing conditions. The second part is to analyze the meaning of press freedom. The development of modern media technology makes changing media types, and the original aim was to define the traditional sense of the news dissemination process, thus providing a theoretical standard for recognized news infringement. The third part is the analysis of jurisprudence of right to privacy of the public figure and freedom of conflict. The essence of this conflict is a public figure’s right to know and the right to privacy and civil conflict free speech. Since the beginning of these two rights will produce an inherent legal reasons and the accompanying social development arising from external social reasons that conflict between two rights already appear in the right form the beginning, with the development of society and gradually revealed, and in the future Social intensified.The second chapter is the conflict of the press freedom and privacy of public figures. Firstly this part introduced the process of news events, which includes interview- writing- press – communication. Open to the public’s right to know against the awareness and media markets, public figures privacy violations and will continue to produce the play more intense. The second part of this chapter analyses the legal status of the privacy protection and freedom of the press. There is no regulation on this by now. The boundary between the two is very vague, coupled with the lack of law; judicial practice of making the balance between the two conflicts is difficult to have specific criteria. In this kind of judicial and social background, it’s very important to confirm how to determine the specific standards of privacy against the press.The third chapter is on the news infringement of privacy of public figures to determine the specific criteria. Under the condition that the law is not perfect, according to our tort system infringement of four elements, to identify and remedy the infringement of news analysis. The first part is elements of the tort. The second part analyzes the defenses of the news media. I believe that, in the context of our freedom of speech is not perfect, it should give the news media a certain defenses, giving the news media, public opinion fully functioning space, I learn from previous studies based on the results of the public interest, news and features as well as public figures to defend itself, a more detailed analysis, nine specific metrics to the judicial practice, there is a more specific measure of the interests of enforceable criteria to be more prudent for infringement judgment. The last part of is analysis of the composition of tort liability.On chapter four, the author summarizes the process on the basis of the analysis of the first three chapters of our public figures to protect privacy and freedom of the press to provide practical thinking. Whether or news infringing privacy legislation, previous research has already been fruitful. The author made their views presented believe that our privacy protection can be hierarchical, and are classified to protect the privacy of public figures, in order to develop more specific standards of protection. Finally, under the situation that current legislation is not perfect news, I think, we can make use of comparative law experience, establishing the news industry self-regulation system.Current legislation in the field of public figures to privacy and freedom of the press is no conflict of provisions, but judicial practice of public figures has made a useful practice. I believe that, in this context, can be summed up practical experience in the field of infringement of such general provisions of that standard, rule-making in the field of justice, in order to achieve better protection news monitoring function, but also giving public figures more space to play. In that case, the country’s legislative and judicial practice will be further developed and improved.