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Discussion On News Torts

Posted on:2006-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:P P ChengFull Text:PDF
GTID:2166360182466752Subject:Journalism
Abstract/Summary:PDF Full Text Request
News torts belong to civil torts, in which must bear the blame of civil responsibility. In this case, news department or people bring much harms to the rights of somebody or other organizes when they use the media, such as newspaper, periodical magazine and television broadcast, to circulate news.As far as jurisprudence, news torts are one of infringements to the rights. Right and power are two different concepts. To be brief, citizens enjoy rights and can use or abandon them. But government or government officials hold the power, which are endued and guaranteed to carry out by the law. And the way of keeping balance with them will be different, aiming at the difference of objects that infringe other's rights and the difference of collision's characteristic between them.Supervision by public opinion of news media is a kind of opinions that is carried out by the news media in the course of the case of press coverage. It is also a special practice of people's supervisorship in the field of press publishing. In recent years, the case of news torts carried out by the Supervision of news opinion is getting more and more. Although there are so many reasons, disease of news legal system, ragged character of journalist, illegal torts to intervene supervision of news opinion are the main reasons. Beyond all doubt, to get the balance between them is the most efficient measure to solve their collision within the definition of law.Freedom of press is one of the most important forms of free speech. And it is also a kind of realization of free press, which is established by the constitution. In order to satisfy the right to know what happened and efficiently carry out the supervision of opinion, the press media should lawfully enjoy the rights of interview. However, in the practice, the right of freedom of press and the right of personality of the citizen may probably clash which generally happened between the right of freedom of press and the right of honor and privacy of the citizen. In fact, the collision can be entirely avoided in one of proper ways according to the difference of objects.In the practice of judicatory, lawsuits of news torts arise repeatedly, in which press media infringe the right of personality including the right of honor, the right of privacy, andso on. In these cases, both the journalist and news institution are accused. Moreover, press medias always lose the lawsuits. This paper presents the main reason by the ways of case analysis.In order to abate such lawsuits of news torts, so as to improve the development of journalism and guarantee the realization of free press and opinion supervision, when dealing with them, it is necessary to relieve or constraint the responsibilities for some news torts resulted by the news institutions. Generally, plea instances of news press institutions, in the cases of news torts, include behavior of lawfully officiating, fair comment, authoritative source of information, necessity of public benefit, reasonable usage, agreement of sufferer, mistake of third party, and so on.
Keywords/Search Tags:News Torts, Public Opinion and Supervisor, Freedom of Press, Immunity of Responsibility, plea instance
PDF Full Text Request
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