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On The Legal Protection Of The Right To Privacy Of Celebrities

Posted on:2021-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y L YangFull Text:PDF
GTID:2416330605975518Subject:legal
Abstract/Summary:PDF Full Text Request
With the development of social material culture,people pay more and more attention to the peace of the spiritual world,but with the development of network technology,people's privacy is more and more vulnerable to be violated.The right to privacy is related to the peace of people's life,the harmonious and orderly development of society.With the development of society,the right of privacy in our country is also developing,but there is a certain gap between the legal status of the protection of the right to privacy of celebrities and the objective actual needs.The text is divided into four parts:The first part is the overview of the right to privacy of celebries,which defines and classifies celebrities and their characteristics.Celebrities have the characteristics of arousing public interest and strong influence.The concept of privacy right and celebrity privacy right is defined.Because the characteristics of celebrities tell the difference between the privacy of celebrities and that of ordinary people.Combined with the lack of legislation and judicial protection of the right to privacy of celebrities in China,the necessity of the protection of the right to privacy of celebrities is put forward.The protection of the privacy of celebrities is conducive to the well-being of celebrities' lives and the society.The second part is the current situation of the protection of the right to privacy of celebrities in foreign countries.The United States is a country with relatively perfect protection of the right to privacy of celebrities,which stipulates four types of privacy infringement,double protection of the right to privacy,differential protection of the right of privacy of celebrities and the right to privacy of non celebrities,provisions of the obstacles of the privacy infringement of celebrities,and adopts the combination of law and case law to protect the right to privacy of celebrities ? In Germany,the right to privacy is protected by the right of general personality.When the right to privacy of celebrities is infringed,judges often weigh the right to privacy of celebrities against other competing legal interests and make decisions.The scope of privacy protection of celebrities is limited.The scope of privacy protection of permanent celebrities is smaller than that of social celebrities,and the scope of privacy protection of temporary celebrities is larger than that of social celebrities.The French people have a strong sense of privacy protection,and they are very strict in the protection of privacy,and they are very strict in the sanctions of violating privacy.In France,they believe that the morality,religious belief and private life of political celebrities will not have an adverse impact on their performance of public office.Comprehensive analysis and comparison of the status quo of the protection of celebrity privacy in various countries,draw lessons from the intentional part of our country.The third part is the principles of the protection of the right to privacy ofcelebrities : the principle of restriction,the principle of distinction,the principle of balance of interests,the principle of reasonable expectation.Under the guidance of the principle of privacy protection,the privacy of celebrities is protected in legislation and judicial practice.The fourth part is the Legal Countermeasures to protect te right to privacy of celebrities,,including legislative conception and judicial suggestions,defining the scope of public advantages and public interest,promulgating judicial interpretation and reference cases to guide judicial practice.The scope of privacy protection of different types of celebrities is defined.This paper analyzes the principle of liability fixation and the cause of obstruction.In the judicial aspect,we should issue cases to guide the litigation on the right to privacy of celebrities.
Keywords/Search Tags:the right to Privacy, the right to privacy of celebrity, principle, legal measures
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