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Infringement of Press upon Right of Privacy

Author: ZhangZhengMin
Tutor: LiHongWu
School: Shandong University
Course: Civil and Commercial Law
Keywords: Right of privacy Freedom of Press Infringement of the press upon right of privacy Remedies
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 280
Quote: 2
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Abstract

The basic cause for the infringement of press upon right of privacy is the conflict between freedom of press and right of privacy. Because they represent separately different interests, it leads to the conflict between freedom of press and right of privacy. The value of the protection to right of privacy lies in individual right. The value of freedom of press lies in social public interests. Both are the important composition of construction of democracy and in contemporary society. So the key to the question is how to make laws to balance them to protect individual right and public social public interests.In the first part, this paper firstly summarizes basic theory of privacy and freedom of press. It includes the conception of press and content of freedom of press. And then it makes an introduction to the conception and content of right of privacy as well as the meaning of privacy .Finally, it summarizes the general problem on infringement of press upon right of privacy, that is, the character and the subject, it centers on the view that the dead can become the subject protected.The second part probes the composition of infringement of the press upon right of privacy. Infringement of the press upon right of privacy should take the doctrine of liability for wrongs as its core, wrong and mental injuries are emphasized. Finally the defenses, including the right to know, supervision by public opinion and victims’ consent, are discussed.In the third part, it discusses the civil liability on the infringement of press upon right of privacy, including manners of civil liability and the liable. The civil responsibility of the reporter’s compositions on the job is focused on. Meanwhile, it stresses some problems such as sprit compensation.The forth part discusses remedies on the infringement of the press upon right of privacy. Firstly, the author puts forwards the cause for infringements of the press upon right of privacy. The causes include the basic causes and external causes. It focuses on basic cause which is the conflict between freedom of press and right of privacy. And then it analyzes why there is the conflict between freedom of press and right of privacy including the conflict of interests and character of right. External causes cover mass media’s intense competition and the faulty of laws. Then remedies on infringement of the press upon right of privacy are studied. The author brings up two ideas .That is, media tort should be regulated in tort law and special media laws should be modifiedThe author put specific problems about media tort. And the limits of reporting on crime and interviewing about personal conflicts are stressed in special media laws.

Infringement of Press upon Right of Privacy

Abstract

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