Research On Tort Liability Of Privacy News

The progress of science and technology is not only convenient for people's life,but also poses a great threat to people's right of privacy,People are forced to be in a state of'wearing clothes streaking",The possibility of infringement of privacy right is a sword of Damour,Related criminal,civil or administrative cases also emerge in endlessly.At the same time,the research on the news infringement of privacy is still not systematic.The purpose of this paper is to systematically study the news infringement of privacy right with a systematic and systematic method,Starting from some cases,this paper deconstructs the application of the constitutive elements of the traditional tort law in the news infringement of right to privacy,and puts forward the two layers of the right to privacy tort;Starting from the principle of tort liability,this paper expounds the specific provisions of the principle of tort liability,and puts forward the principle of presumption of fault in the news infringement of privacy;From the comparison of the right of privacy and the right of reputation of news infringement of news infringement of privacy protection and privacy protection legislation purport of derogation,and construct its defenses in the category of news infringement;At the same time,this paper,combined with judicial practice,from the aspects of litigation responsibility,news of privacy reprint responsibility,and discussed the privacy of news infringement mediation,arbitration and other non litigation settlement;On the basis of general tort law theory and combining the actual news infringement of privacy,privacy infringement on the news that human rights can be relieved from the two aspects of spirit and material,and recognized the legitimacy of compensation for mental damage in the privacy of news infringement;From the perspective of media production environment and production process,this paper puts forward the macro governance of privacy right news infringement,and puts forward the micro governance of privacy right news tort from the perspective of'human"factor in media operation.This paper also discusses the privacy of public figures and non public figures,as well as the public image monitoring information,Internet privacy data and privacy rights in covert interviews.