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The Protection And Restriction Of Celebrity Privacy

Posted on:2016-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:W Q LiuFull Text:PDF
GTID:2296330482459673Subject:Law
Abstract/Summary:PDF Full Text Request
In this paper, the right to privacy is defined as a natural person’s social public interests of the public interests of the right of personality, the right of this kind of right, I agree not to disclose, not disturb, not interfere. Celebrity privacy has the basic characteristics of the subject relative, the object type, the content difference and so on. Celebrities are more or less related to the public interest, which is the essential feature of the celebrity. The object of the right of privacy of famous people includes three basic types: private information, private sector, private affairs, etc.. Due to the development of the system of the right to privacy, the system of celebrity privacy has started late and developed slowly, but the social reality is "forced" the cultural construction of the celebrity privacy system.About the relationship between the right to privacy and the right of celebrities, this paper seeks the cause of the conflict from three aspects, which is the right of the public’s right to know, the right to freedom of expression, the right to supervise. This paper argues that the conflict between the right to privacy and the public right to know is the conflict between the two kinds of social values. The conflict between the right to privacy and the right to freedom of speech is "peace" and "intervention" two kinds of social values. Although celebrity privacy and the public right to know, freedom of speech, public opinion, from the private and public opinion represent two different value pursuits, but they are the embodiment of social progress and civilization, are committed to maintaining social justice, are in line with the direction of social development, so they are not in conflict, the two category of rights can be developed in parallel. Moreover, the value of the society is the basic and irreplaceable, and therefore can not simply give up any one kind of value, can only be considered to obtain a dynamic balance. Law is the best way to regulate them.The doctrine of the protection of the right to privacy of famous people, "the right to privacy"(public interest priority), "the full protection of the right to privacy", "interests balance"". "Celebrity no privacy said" is the only criterion of the value in the public interest, although able to fully protect the public interest, but has not given the privacy of celebrities sufficient status. It is the inevitable result of being deprived of their right of privacy of celebrities, celebrities’ privacy is infringed. "The privacy of celebrities comprehensive protection" is too inclined to the privacy of celebrities and public interests are neglected risk, actually "overkill". "Interest balance" in fact acknowledged the parallelism of the two kinds of rights and interests, that they can not be replaced each other, should be protected and developed, is a more pragmatic attitude, a better balance of the relationship between the two, is an active and desirable way of thinking. This paper advocates the protection of the interests of the right to privacy, the protection of the right to privacy, the protection of the protection, the protection of the bottom line, special protection, so as to establish a common, but there is a difference between the three-dimensional protection network. This paper suggests that in the "Civil Code" to establish the general right of privacy(including the right to Privacy) system, in the style of celebrity privacy is established as a special law, through the distribution of the burden of proof in the case of public rights to strengthen the link between the basic law and relief law.The protection and restriction of the right to privacy is actually one of the two aspects of the problem. This article claims that the right to privacy of famous people, the right to limit the right to privacy should be clearly defined by the law, the law does not expressly limit, the implementation of equal protection of ordinary citizens. As a result of the political celebrities, business celebrities, celebrities and public interest in the degree of correlation is usually gradually reduced, and their ability to control public resources is gradually reduced, so should be in accordance with the intensity of political celebrities, business celebrities, performing arts, and gradually reduce the intensity of privacy permissions system measures.
Keywords/Search Tags:celebrity privacy and the public’s right to know, right to free speech, public opinion supervision
PDF Full Text Request
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