Research On The Conflict And Balance Between Freedom Of The Press And The Privacy Of Public Figures

With the continuous development of countries’ economies and cultures,there are more and more cases of conflict between freedom of the press and the right to privacy of public figures,which has brought great instability to the society.In China,both are the rights of citizens protected by law and are important parts that can not be ignored in the process of realizing socialist democracy and the rule of law.If the conflict between the two rights is not handled well,it will bring unnecessary damage to society and citizens.Therefore,properly handling press freedom and the public’s right to privacy is a major social issue that we urgently needs to address.However,in China,both in terms of press freedom and the right of privacy of public figures,there is a problem of imperfect legislation,and some laws are not operability,and there are relatively few lessons to be learned in judicial practice.When there is a conflict between the two rights,they lack specific standards for resolution and cannot measure their interests.They can neither fully play the role of the media in monitoring public opinion,nor can they protect the privacy of public figures from external interference.Therefore,in view of this kind of contradiction,this article discusses the freedom of the press and the right of privacy of the public,respectively,and proposes several suggestions in light of the experience outside the field and the national conditions of our country in order to coordinate two rights.This article is divided into three parts: the introduction,the main text and the conclusion.The main text is divided into four chapters:The first chapter is an overview of public figures privacy rights and freedom of the press.First of all,it introduces the previous researches on the privacy rights and public figures of the predecessors and scholars.By summarizing the lengths of the various companies,the concept of privacy rights of public figures is defined,and the characteristics,types,etc.are discussed.Second,the concept of freedom of the press is elaborated.In order to facilitate a better understanding of freedom of the press,the content and value of freedom of the press were discussed.The second chapter focuses on the conflict between the freedom of the press and the privacy of public figures.Firstly,it analyzes the relationship between the two rights in the unity of opposites.It is discussed according to the conflict between different types of public figures and the freedom of the press,.Different public figures have different degrees of privacy protection,which ensures the integrity of the content of the articles.Secondly,it presents the expression of rights conflict,including the common methods of news infringement in the news gathering and reporting phases.Finally,it analyzes the legal causes of rights conflicts,including the internal and external causes.The internal causes include the nature of rights and conflicts of interests and the external factors include media competition and legislative deficiencies.Chapter III is empirical experiences of related legal systems outside the territory.Taking representative countries of the Anglo-American legal system,the United States and civil law representative country,Germany as Starting.It mainly introduces the development and experience of the principle of public figures and the principle of real maliciousness in the United States.In the case of Carolina,the legal provisions of Germany on privacy and freedom of the press were described.And according to the situation in China,we can reasonably absorb and transform foreign experience.As the last part of the article,the fourth chapter expounds the status quo of our country’s legislation.According to the mode and principle of coordination conflict,we propose concrete ideas for solving the contradiction of rights in our country.