On Press Freedom And Privacy Protection

In terms of value orientation,the interests protected by the freedom of news reporting and the right to privacy are different,and they will conflict in operation.At present,China lacks legal norms specifically for the freedom of news reporting.When there is a conflict between the two,it can only be analyzed through the content of the Constitution and civil law.With the rapid development of the media industry,the cases of news reporting infringing on citizens’ privacy are also increasing year by year.How to deal with this problem has become a very important topic in the process of building a harmonious society.At the same time,for the news media industry,it is necessary to study how to correctly protect citizens’ right to privacy when exercising the right of news supervision.Especially after the promulgation of the civil code,the content of privacy protection has been expanded to a certain extent.Article 1032 clearly puts forward the concept of privacy,which has changed the previous situation of protecting citizens’personal privacy only from the perspective of reputation right,and directly intensified the contradiction between the two,It poses new challenges to the news industry.Based on this,this paper selects the research object of press freedom and privacy protection,and intends to find a strategic method to balance the two for the media industry by means of comparative analysis of judicial cases.The main part of this paper consists of four chapters,which are the relevant overview of China’s press freedom and privacy protection,the case study of China’s press freedom and privacy protection,the theoretical analysis of China’s press freedom and privacy protection,and the solutions to the conflict between press freedom and privacy protection.In the first chapter,it first defines the meaning of the freedom of news reporting and the right to privacy in this paper,and on this basis,it makes a diachronic investigation on the research object with the change of news media as the clue,expounds the change law of the research object in different periods,and combs the background of the current media infringement of privacy,so as to pave the way for the synchronic research of the following text.In the second chapter,this paper selects 12 judicial cases in which the media in the judgment document network are sued by the parties due to the content of news reports,analyzes the performance of media reports from two aspects of reporting methods and reporting content,and summarizes which factors are the focus of judicial practice based on whether there is infringement.At the level of reporting methods,through the overall analysis of 12 cases,it can be seen that whether to use the reporting methods of protecting personal information such as anonymity and horse beating will not make the judicial decision predictable,which proves that there are different judgments in the same case in practice at this level.At the level of report content,according to whether the media has taken specific measures to protect the privacy of the parties,the 12 cases are divided into two groups,and the group is divided into two groups according to the results of infringement,and then the basic situation of the cases is analyzed in the group to find the common factors affecting the judgment results in each type of cases.Through the above comparative analysis,this paper finds that the technical treatment of privacy protection is the necessary and insufficient condition for judging infringement.On this basis,we should also consider the subject type of the report content,the necessary relationship between privacy and the report content,and the correlation between the damage result and the report behavior.In the third chapter,this paper selects the abnormal cases in the comparative analysis of the second chapter,and makes a theoretical analysis on the research object at the case level.In this part,based on the specific circumstances of the case,combined with the three theories that theoretically balance the freedom of news reporting and the protection of privacy,this paper analyzes the problems involved in the theories currently used in judicial practice,and combined with the basic situation of the case,from the perspectives of freedom of news reporting and the protection of privacy,This paper analyzes the specific reasons for the increase of news media violations of the right to privacy:one is the problem of expanding the protection of the right to privacy in judicial practice,and the other is the abuse of the freedom of news reporting in the media industry.In the fourth chapter,the main content of this paper is how to solve the conflict between the freedom of news reporting and the protection of privacy from the perspective of news media.Specifically,this paper selects three aspects:standardizing the media news review process,improving the legal literacy of practitioners and establishing privacy news reporting rules,and puts forward specific methods for the media to avoid legal risks.At the same time,it is proposed that the media should call for the conceptual change of judicial practice and set the privacy authority within a reasonable range.