The Research Of Press Photography Against Privacy

With the emergence and development of photographic technology and equipment,it provide with support for the exchange of information for the human truly,visually and quickly. When it apply to the field of journalism and communication,on the one hand,it shows the advantage that news supervision and mass entertainment hit it off,on the other hand, compress people "live alone" space,and thus gave birth to the proposed privacy.Because the photos make by photographer are more vivid and true,people like it very much,making more news photography coverage has an irreplaceable function for the effective dissemination of information.However,no restrictions to encourage the development of photographic coverage,or it may have touched personal privacy.Legal proverb say "wind and rain can enter,the emperor may not",it show the spirit of the privacy, bring a sacred halo as Bible to the right to privacy,to have the courage to challenge news photography,and war record seems to repeat victory.This is not a myth.In reality,the litigation of photography news invasion of privacy occur frequently,judicial practice has extended to the private space into public places,private business also have a visible or invisible border in public places.And news photography,or separated from the outside of the statutory,or asked not to involve private business.The grim reality of news photography against privacy frequently tells us that disregard of the conflicts and contradictions between the freedom of the press and the public to protect the privacy,and constraints will seriously affect the development and survival of the media.Seeing from the status quo of international conventions and legislation around the world,it is a general trend making privacy as an independent right to protect by legislation. Whether in the Constitution or other laws and regulations,the privacy of our justice is not a separate legal concept,but only the rights and interests as a right to be placed under the honorary.In this case,it often is in an awkward tension between news photography reports tort and the protection of right to privacy.Thus,at the same time,in response to the historical trend of human rights protection,news photography should also be actively expanding its legitimate space.We will be turning their attention to domestic and foreign photography infringement review.The appearance of new cause of litigation,court opinions,decree reason,reminds us not only to study the theory of privacy into the long history of thinking,but also for photographers and the media provides a new way of thinking of the defense Responding to the infringement or the practice of photography coverage,rather than looking at the territory of the freedom of the press were gradually swallowed up.News photography reports,a single photo constitutes a closed,separate information collection,it can be viewed as infringement when a place is not conform to the facts or invasion of privacy,this not as a text report,"some inaccuracies" or "false reports of the early" can access to absolve,because of some justified reasons like the press can,the right to know, accurately reported.This can be seen an explanation that why photographic invasion of privacy by the media often failed.Therefore,Traditional news and general tort defense reason of invasion of privacy in the photographic lawsuit,the applicability is not strong.View as text, only "the parties agreed that" a complete defense for the subject,to help the media exemption. Thus,to avoid infringement news photography,or against infringement in the news to win,its way of thinking towards the media should exercise self-discipline and his law.In this view, we should be in strict compliance with laws and regulations first,then limited in accordance with the standards which in accordance with the feel that ordinary people did not feel offended obviously.Before select the news photographs,editing,and published,we should get an express or implied agreement from the parties as far as possible.In case of infringement,should be timely note,correction,apology,it is best to take a private consultations with the relationship between powerful people to solve the problem,rather than resorting to legal blindly.Therefore,in the reality that the scope of right to privacy expanding frequently,news photography does not necessarily have to shoot itself in the foot,but can be taken to break through the above channels.And compete in this process,on the one hand,to promote the development of the theory of right to privacy;On the other hand,news photography continues to play the social function that public opinion,information transmission and public entertainment.It is possible to get a balanced development of the game between news photography and the protection of right to privacy.