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Freedom of Press and News Tort

Author: TianXianGang
Tutor: WangLiPing
School: Shandong University
Course: Civil and Commercial Law
Keywords: Freedom of the press News Infringement News infringement defense News infringing main responsibility News tort liability
CLC: D923
Type: Master's thesis
Year: 2005
Downloads: 482
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Freedom of the press is a modern human rights derived from the combination of the freedom of expression and freedom of the press, and the infringement of the press is the news works reported to infringement of personality rights and property rights of natural persons, legal persons and other organizations, and should bear civil liability for the acts of the freedom of the press The contradiction with news infringing the Law of the important issues, one of the news. In recent years, sued the news media lawsuit gradually increased, the law should not only determined by the Constitution citizens enjoy freedom of speech and freedom of the press's right to be protected, but also to let the people of reputation damage by the media to obtain legal relief, the interests of both when a conflict occurs, the law will seek a more important benefit beneficial balance between these two conflicting values. This paper is divided into six parts, on the freedom of the press, news infringement, News tort defenses were discussed in detail. The first part describes the concept of freedom of the press, freedom of the press freedom in a strict legal sense, the significance of the modern society, mainly in the following aspects: the freedom of the press is a fundamental human right; freedom of the press is a citizen of a democracy different political rights: the rights of citizens and legal persons generally, freedom of the press is a special right; freedom of the press is to implement the protection of the rule of law; freedom of the press is an important economic and cultural development. The second part deals news infringing defined, I believe that the infringement of the press is the news organizations or natural persons in the news dissemination process, due to the works of journalism is reported to infringement of moral rights or property rights of natural persons, legal persons and other organizations, and should bear civil liability behavior, and is a special type of infringement, it relates to the social and public interests and individual interests, it is the interests of both conflict and confrontation in the news violations, determine the composition of the News of Tort Liability: virulence behavior must have illegality; damage to the objective existence of the facts: the infringement of the press and the consequences of the damage between causality; subjective fault. Cited news infringing mainly divided into news tort specific to infringe on the right of reputation, goodwill right behavior; infringe on portrait rights of behavior; behavior of copyright infringement: infringement of the right to a name, the name of right behavior; against credit right behavior ; infringement of privacy acts six categories, each category of news infringing performance analysis. The third section discusses the news the main responsibility of the infringement. The author to discuss the sources of three parts, the media. The first source of news and information providers should not bear tort liability, because the sources are not the sole determinant of the news works to form the final form and published works of journalism depends on its \Furthermore, the source may not be incident to a comprehensive understanding of news tips and news information just for reporters to investigate. News leads and news information is an important source of news works material from considering encouraged to protect their sources point of view, to deal with the sources be exemption otherwise clog the mind to. Another

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CLC: > Political, legal > Legal > Chinese law > China and France
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