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The Tort study of the mass media gatekeepers

Author: LiuYuanYuan
Tutor: LiuShiGuo
School: Fudan University
Course: Legal
Keywords: Gatekeeper News Infringement Freedom of the press Tort Liability Network infringement
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 149
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Abstract

The mass media as the \Gatekeeper theory of communication studies, mass media gatekeepers exercise of the right to freedom of the press this speech platform specific. With the development of the mass media, journalism and communications penetrated into all aspects of social life, the growing role of social influence and public opinion. But, at the same time able to fully exercise their right to freedom of the press, inevitably bring conflict between the exercise of the rights of the media gatekeepers and citizens, legal personality rights protection. In this case, the balance between the value is very important. On the one hand is the reputation, privacy protection of the citizens, on the other hand is an important function for the protection of the mass media. How the balance of the legal leveling not only to the problems faced by the Chinese legislature and the courts, is also an important issue facing the world media law. Starting from the point of view of Journalism and Communication, and infringement of Law, an attempt by the analysis of the spread of modern community in gatekeeper violations under the framework of the protection of the freedom of the press and the right of personality, from the legal perspective, to explore the reasons for the infringement of the mass media gatekeepers and The particularity of the new thinking of the gatekeepers of the Internet Age tort liability to the formation of a review of tort liability gatekeeper. This article is divided in five parts on the discourse. First, the article analyzes the media gatekeeper and news infringement. Based on the interpretation of the Theory of Communication gatekeeper, the meaning of modern society, the mass media gatekeeper. Has a close relationship between the gatekeeper the infringement and news infringement, there are different but related. Both in tort defenses, the responsibility on to have great consistency, tort liability for gatekeepers analysis is built on the basis of the analysis of the traditional news tort. Infringement of the two main does not do the same, especially after the advent of the Internet age, network gatekeeper form of impact on the traditional gatekeeper theory, it also brings new thinking network infringement. The second part of the article from the legal analysis the infringement causes and particularity of the gatekeeper. As of speech under the Constitution, freedom of the press reflected in news dissemination activities to be a concrete realization of press freedom in the abstract rights through mass media gatekeeper behavior. If the gatekeeper to exercise the right to improper or an abuse of rights, is to cross the boundaries of freedom of the press, should bear the adverse consequences, that assume the tort liability of gatekeepers. Such infringement as a special kind of tort, the rapid spread its infringement, and dissemination of a wide range of influence, the damage caused by more serious consequences; such violations not only infringe on the relative's personality rights or other interests, but also disrupt the normal order of mass communication activities, contrary to the freedom of the press in the pursuit of value. The third part of the article analyzes the form of gatekeeper infringement constituent elements and responsible way. In judicial practice, infringement of the right of reputation is a the main gatekeeper infringement form of media infringement lawsuit core problem. In addition, from the point of view of the media tort Media infringement can be divided into an insult libel, the disclosure of privacy, the contents of serious misrepresentation, improper comment and fault reprint five. The constituent elements and accountability gatekeeper infringement are in line with our country to bear the way the provisions of the law of tort constituting elements and personality rights tort liability. However, due to the special nature of mass communication activities, its manifestations in every aspect of ordinary tort different. The fourth part of the article presents the particularity of the the gatekeeper infringement institutional arrangements. First, the gatekeeper infringement defenses with particularity. These two aspects of the \media commentary, news review on behalf of the subjective, the to Notary defense. Although China does not have a special \infringement of the provisions of the network. Finally, the article is devoted to an analysis of the the network gatekeepers Tort. The rise of the Internet as a \Network communication characteristics of the gate-keeping function of the media is weakening, and the emergence of tens of thousands of network users \participatory journalism \\

The Tort study of the mass media gatekeepers

Abstract

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