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On Infringement of Personality Right by News
Author: JiangYanFang
Tutor: LiJianHua
School: Jilin University
Course: Civil and Commercial Law
Keywords: News personality rights violations Freedom of the press Personality rights
CLC: D923
Type: Master's thesis
Year: 2005
Downloads: 315
Quote: 1
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Abstract
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Freedom of the press is a constitutional fundamental rights of citizens , but the freedom of the press was improperly exercised, would infringe the legal rights related to the subject . News personality rights infringement is involved in information activities of the news media and their staff , other citizens through the news media, improper exercise of the right to freedom of the press , causing damage to personality rights of others , according to the law should bear civil liability . Implementation of personality rights violations against the press , news infringement shall bear civil liability for acts of human personality rights news personality rights infringement main obligations , moral rights infringement of personality rights violations by the news of the victims were the subject of rights violations . News infringe the right to object to the right of personality main personality rights . Tong said theoretical and judicial practice, all the news personality rights violations in general tort tort as a kind of moral rights infringement that news should have damage to the facts civil liability , causation , behavior illegality , fault four elements . Meanwhile, spread the news media activity is not a general civil activities , the news personality rights violations civil liability also has a special defenses . News personality rights violations against civil liability way people mainly: stop abuse, rehabilitation , eliminating the effects of apology, compensation for the loss of four. Infringement of legislation relating to information needs to be improved .
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CLC: > Political, legal > Legal > Chinese law > China and France
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