Study On The Defence Against News Tort

Conflicts between the media industry and society are becoming more and more seriously with the fast development of the media industry. Therefore the lawsuit against tort of news is increasing in recent years. This dissertation tries to study the basic styles of the plea instance against news tort. Based on comparative research of the relative theory the author puts forward the concrete measures to improve the plea instances against news tort.This article has four parts except the prelude and postscript.Part one: General theory of the News tort and Defence against news tort. First, based on the integrations of various concepts proposed by many scholars, this article clears the concept of news to propose the concept and characteristics of news tort. In addition to the components of general tort, news tort have its own unique nesses such as the works having been published, referring to accuser, unlawfulness of the works, the faults of plaintiff. The article analyses the five main forms of news tort in real lives such as insult, libel, privacy disclosure, content untrue, improper comments. Second, from the start with basic theory of general tort's defences, it defined content of plea instance to news tort, and in the speech and freedom of the press,the right to know and information disclosure,public supervision aspects it analyses the value of existence to news tort's defence. This article appeals to take full attentions to the two functions of news tort's defence such as protect legitimate rights and values, reasonable litigation guide.Part two: Categories of the defence against news tort. This chapter studies the styles of plea instance against news tort concretely. Through analysis and comparisons of laws and regulations both at home and abroad, the author discusses several plea instances. They are truthfulness of news, privilege, fair comment, public figure, consent, apologize and reply, public interests and occasions. While discussing truthfulness of news, it compares the similarities and differences of news tort, legal truths and objective truths. Furthermore, the author appeals to respect the incorporated truths in present world. The thesis discusses the gist, scope and definition of origins of authoritative news, then make concrete research on several hot issues. While studying the fair comment, the author considers we should differentiate the reality and mind, then analyzing fair comment and contumelious verbalism. The author comparisons the Sulivan sue and emphasizes the definition of public figure,defences and malicious principle. The defences includes apologize,consent,reply,public interests and occasion, so it reflects the fully understandings,application of private law autonomy and citizens'political freedom.Part three: The defence against news tort in comparative law perspectives. This section summarizes and cites a major national legislation, introduced in detail the US, the UK and Japanese's news tort defence system. News tort defence in the US is the real reason, the concessionaire communication, protection of view, consent and reply of the victims. News infringement in the UK is the main subject of legitimate defence true, fair comment, absolutely concessions, a secondary responsibility, provision of compensation and reconciliation settlement agreement. News tort defence in Japan including the main subject of the facts relating to public interest, public interest exemption, authenticity prove, authenticity mistakenly believed and fair comments.Part four: Our news infringement defence establishment of the subject system envisaged. China is in a transition period, the cognitive of news'truth,public figures and authority needs for the media to play the role of the public artifacts and community watcher. So while facing the Chinese national conditions, author appeals that establish a strict news elements constitute tortuous liability and"minor crime-not cite"principle, introduce"actual malice"principle and absolutely concession,conditional concession, clear liability waiver system which works were reproduced, recognize the right of reply, consider the apologize as a independent defence. At present,the construction of the system of plea instances against news tort has only taken the first step on the long way, the corresponding legislation all falls far behind the present developed, the general judicial interpretations lack operability. Therefore strengthening the lawmaking is necessary to the judicatory, assurance of human rights and building of a harmonious society apart from the modern great power.