Research On News Tort Liability Under Hidden Interview

Hidden interview is a form often used in the process of news interview,but due to the lag and lack of relevant laws and regulations in our country,its legal status has always been ambiguous.In society,there are many public opinions,and on the issue of its legitimacy,supporters and opponents have different opinions.For a long time,covert interviews have made a lot of contributions to news gathering,but in recent years,there have been more and more cases of infringements on citizens’ personality rights caused by them,and they have gradually become the focus of attention from all walks of life.In the past,the research focused more on the ethical level.Therefore,it is very necessary to conduct a systematic study on the news infringement problem caused by implicit interviews,which can fill up the gap in theory and has important practical value.It is undeniable that the existence of implicit interviews has its meaning and should not be completely abandoned.However,for its use,on the one hand,it is necessary to strengthen control and regulation,and on the other hand,it is necessary to clarify how to bear responsibility when infringement is caused.Except for the introduction,the research of this article is divided into five parts.The first chapter is an overview of implicit interviews.The content includes the definition and characteristics of covert interviews,and then elaborates the development process of covert interviews and the meaning of existence,affirming that the existence of covert interviews is valuable.The second chapter is about news infringement caused by implicit interviews.After affirming the value of hidden interviews,the infringement consequences caused by improper use are analyzed,the most important of which is the infringement of citizens’ personality rights including privacy rights,reputation rights and portrait rights.The third chapter is about the constitutional elements and defenses of the infringement liability for implicit news coverage.The constitutional requirements of the liability are similar to those of general tort liability;the defenses include the public’s right to know,public occasions,public figures,other defenses,etc.,these defenses It further explains the reason why hidden interviews have been able to survive and develop in the case of hidden infringement risks.The fourth chapter is about the control and standardization of covert interviews.Covert interviews have existential value but are easy to cause infringement.Therefore,its regulation is particularly important,including both external and internal aspects.The fifth chapter is about the responsibility of the infringement of the infringement of the hidden news interview.Controlling and regulating the use of the hidden interview can prevent the occurrence of infringement,but it cannot completely prevent the occurrence of infringement.This part describes how to bear the infringement when infringement occurs.The question of responsibility is the core of this article.Discussed from three aspects: the subject of liability,scope of compensation,and method of undertaking.The subject of liability includes news media,reporters,and reprinted media;the scope of compensation includes compensation for direct property loss,indirect property loss,and mental damage;the manner of undertaking includes property liability and non-property Responsibility etc.Through detailed research and discussion,we try to provide a more perfect answer to the solution of the infringement problem.