Research On The Tort Liability Of Films And TV Designed For Children

Recently,films and TV designed for children carrying harmful materials to minors has a rapid development.But there’re some harmful materials to minors in this kind of films and TV influenced the viewing young children and adolescents.Some children and adolescents imitated the films and TV making themselves or others suffering injuries.Some parents suit the film makers for compensate.Weather the film makers should take on the tort liability is the problem this paper manage to solve.In this regard, this paper demonstrates in detail from Illegality elements, elements of causation, fault elements those three aspects to resolve the problem. In the elements of the illegality the main obstruction is the administrative license.The paper pointed out that the issue of Films and TV play works through an administrative license, but management practices relevant departments to license its distribution, screening, but did not permit the consequences of any infringement that might occur.Besides,under our current constitution, the executive power is exercised for the protection of civil rights, which is lower than the rights of citizenship in the performance,and therefore acts as an administrative license representing the executive power in nature can not impede the illegality elements stablishing.Moreover,administrative license only show that the act does not violate the administrative law but it does not mean that it does not violate other civil laws.About causality elements,this paper based on social psychology theories, confirmed the harmful materials of film sand TV have a significant impact on viewing children and adolescents:such as direct imitation behavior.In addition, according to the general social experience, mimic the behavior of young children after watching video works is related to film and TV in casual line.Film and TV makers who has significant influence to the children as a member of society, should be in line for the purpose of building good growth atmosphere for children and adolescent.They can not blindly pursue interests without incurring any liability.According to correspondence of causal relationship theory, film and television carrying harmful information is the adequate cause. On the fault elements, the makers shall pay attention to that films or TVs with harmful materials will bring about injury consequence and did not pay attention,so the makers are fault.In conclusion,the person who designed the film and TV for children and adolescents with harmful materials should bear the tort liability.