On The Restrictive Protection Of The Right To Privacy For Public Figures

The right to privacy,as an important component of personality right,is concerned with the most intimate things of human beings,and embodies the human dignity that a person should have,and should be protected in a concrete and strict manner.With the improvement of the economic level of our country,There has been some progress in the protection of privacy,but there is still a gap between the relevant legislation on the legal protection of the privacy of public figures and the practical appeal.In addition to the introduction and conclusion,this article is divided into the following three parts:The first part mainly expounds the basic theoretical issues of the restricted protection of public figures' privacy.Firstly,it analyzes the concept and classification of public figures,according to the subjective will,the differences of personal identity and subjective and objective factors.Public figures can be classified into three different categories.Because of the real-time and regional characteristics of defining public figures,there is a certain overlap in the content and nature of these classifications.Secondly,This paper analyzes the concepts of privacy and privacy.There are different theories about the definition of privacy,namely,private information theory,contact control theory,independent decision theory,comprehensive theory theory and private life tranquillity theory.This paper defines the concept of privacy according to five theories.At the same time,personal information is closely related to privacy.Many personal information(such as personal bank account,ID number)is private.This is similar to privacy.But personal information and privacy are not the same from the means of relief and the way of protection.Finally,this part expounds the particularity of the privacy of public figures.Therefore,it is decided that while the law protects the privacy of public figures,it should also be restricted and preserved.On the one hand,public figures,like the general public,enjoy personal rights and human dignity,so,The right to privacy of public figures should be protected.But at the same time,the privacy of public figures has the characteristics of public interest,conflict with freedom of speech and public right to know,so the protection of privacy of public figures should be limited.The privacy of public figures should be protected in a restrictive manner.The second part analyzes the current situation of the legal protection of the privacy of public figures in China from the perspective of comparative law.Moreover,it has detailed regulations on the behavior of violating the privacy of public figures.The self-discipline mechanism in Britain and the "personal data Protection Directive" in European Union countries can also be used for reference.These are enough to explain that foreign countries can use for reference.The legislation on the privacy of public figures is relatively perfect and specific.This is where we need to draw lessons from.Through a comparative study of the legislative development of the legal protection of privacy in China,it is found that there are only some idle provisions for the legal protection of privacy in our country,lacking systematic,clear and specific protection measures.In the legal protection of the privacy of public figures,there is a legislative gap.In particular,what principles should be adopted by different types of public figures for restrictive protection,how to distinguish between protection and where the difference lies,all of which fully illustrate the inadequacy of the protection of the privacy of public figures in the current law of our country,in particular,what principles should be adopted to protect different types of public figures,What are the limits of the scope of protection,and so on,are we should explore and improve.The third part puts forward some suggestions to perfect the restrictive protection of the privacy of public figures in our country.Firstly,it makes a concrete analysis of the principles of the legal protection of the privacy of public figures,such as the principle of public interest priority,the principle of consent or ratification of the obligee.Secondly,we should set up a separate protection system for the privacy of public figures.For different types of public figures,the law should make separate protection provisions.Finally,In view of how to reduce the encroachment of the news media on the privacy of public figures,this paper suggests that,on the one hand,we should strengthen the literacy of journalists.On the other hand,we should make the public figure own certain right to speak.Only in legislation and judicial practice to give enough attention to the privacy of public figures,can the privacy of public figures be less infringed,The right to personality of all citizens should be guaranteed.