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Journalism And Communication Studies, And The Protection Of Personality Rights

Posted on:2008-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:J HuFull Text:PDF
GTID:2208360215492450Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the beginning of reform and opening up, freedom ofspeech has become an important part of social democracy, whichprotects its citizen freedom of expression, freedom of communication,and guarantees the citizen supervise the government and thecommunity. So freedom of expression, plays an important rolefor thedevelopment of democracy society. As a bridge between media, andthe audience, mass communication is a main tool for the freedom ofspeech, so the press freedom has also become an importantexpression of freedom of speech. With the rapid economicdevelopment, China's journalism has changed from mere politicalpropaganda to overall concern of political, economic, cultural andentertainment in all spheres. News media plays an important socialresponsibility in all aspects of disseminating information, reportingnews, guiding public opinions and supervising society. The so-called"easily make mistakes while talking more", so more and moredisputes which are related to the society are difficult to be avoided:On the one hand, many factors hinder media activities, journalists'legitimate rights often be violated, and the press freedom can't befully reflected; On the other hand, the disputes between news and thepersonality rights increased gradually, and news infringementoccurred from time to time. For one ting, these phenomena reflect thestrengthening of the public opinion function of the media; for another,it also shows that the platform of citizen democratic consciousness,self-protection awareness and legal awareness are being built up.While we must emphasize the development of journalism, and payattention to protecting the media rights of interview, report and comment...let everything under the sun; but we also need to concernto the rules, emphasize the respect for individual, the protection ofindividual basic rights and promotion personal freedom ofdevelopment. Therefore, how to grasp the limits of privacy andpublic interest has become the focus of resolving contradictions.Clearly, it is urgent to achieve the healthy development ofjournalism, play the real value of the news media, and improve thelegal protection between the modern citizen liberties and the interestsof personality through legislation. However, up till now, although thelegal system of China press is developing steadily, there are alsomany scholars who believe China has basically formed a legalframework, including the Constitution, laws, administrativeregulations, departmental rules and regulations at all levels oflegislative news. It seems for us to adjust to the activities of the massmedia can by the law. The problem is that the law which we havebeing used seems to have many "inadequacies". The imperfect legalsystem leaves a hidden danger for the high incidence of disputesbetween the mass communication and the protection of personalityright. In view ofthe lagging of China's press legislation and thelimits of protection of personality right, so it is the best way to solvethe conflicts by making scientific legislation and defining therelationship between the media activities and the protection ofpersonality rights. "Press Law" shouldbe made as soon as possible.This article mainly focus on the ties and conflicts between the masscommunication and the protection of personality rights, and dividesthe boundaries of freedom of the press and the media torts, combiningwith a large number of well-known cases, using the methods ofanalyzing the concepts, explaining the correlative laws, using comparison and contrast, and balancing different benefits. The authormake a serious study on how to construct the system of the masscommunication and the protection of personality rights, and lookingforward to providing some recommendations for early coming out anindependent and perfect "Press Law".
Keywords/Search Tags:mass communication, freedom of the press, the protection of personality rights, media infringement
PDF Full Text Request
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