Legal Protection For The Right Of Privacy Beneath Freedom Of The Press

The freedom of press and Privacy has long been the aggregation of contradiction, since they came into being, they struggled with each other because of different right and object of protection. In recent years, with the continuous updating of modern media means, invasion of privacy has become an extremely easy matter. In associated with this condition, people's awareness of the law are also constantly improving. Therefore, the lawsuit against the news media has become increasingly. Face to the growing conflict between the two rights, this paper attempts to identify the points of integration between them. That is to say not only do indemnify the freedom of speech and the right to freedom of the press guaranteed by Constitution but also allowing the parties infringed by the media can acquire the remedy of law thus equalize the two rights, so that the privacy can be protected more is the issue discussed by this paper.This paper starts with the features and form of news infringed the privacy and investigated the theoretical basis and legal basis of privacy cannot be infringed by the news. It also in-depth analyzed the conflict of press freedom and privacy and its causes and attempts to find the methods of privacy protection beneath the press freedom. At last, this paper gives way to solve the problem.The confliction between the press freedom and privacy is because that their value and nature of rights are different so the legal interest they protected is also different. Legal protection of press freedom and privacy has not yet made the limits clear, so inevitably lead to the production of conflict. The press freedom is constrained by the privacy so perform the press freedom can't infringe the privacy; while privacy are also subject to restrictions on the public interest, the privacy in connection with the public interest, the public figures'privacy and the privacy of the parties agreed to report can be published by the news. On the basis of not deviate from the principle of public interest, public figures and ordinary citizens on privacy protection should be treated differently. News value or public reasonable interest is the main reasons to limit privacy of the public figures. For the privacy of the general, we will have to take comprehensive and strict protection principles. But public figures should transferring some privacy properly and it is also generally accepted principles by the masses.This paper also discussed the basis for protection of privacy and the responsibility of invasion of privacy and inducted elements of news invasion of privacy clearly. Invasion of privacy is belong to general tort, but in judicial practice, Elements of news invasion of privacy has its unique form of expression. In addition, to deter the abuse of freedom of the press fundamentally, the infringer must duly punished by law, that is the four kinds of invasion of privacy means of accountability.People's social life is often intertwined with a variety of interests and rights, despite the clear provisions of the law, in judicial practice, the conflict of press freedom and privacy also need to rely on the discretion of judges to be addressed. Therefore, in the conclusion of this paper brought up to intensify the development of relevant privacy laws, while legal judge as soon as possible to improve the quality of professional quality and professional ethics is also imminent.