Study On Defense Resons Of Media Tort

Media tort means the act made by media or journalists while they send news to the public. This kind of act caused damage to legal interest of someone else because of the intention or negligence of the media or journalists. Only media or journalists can be the subjects of media tort. If the journalists belong to the media, the media should afford the liability. The objects of media tort are intangible objects, such as reputation, privacy, goodwill, business secrets, and intellectual property. To be considered as media tort, one act should satisfy four conditions:First, there is an illegal act. Second, there is damage. Third, the damage is caused by the illegal act. Forth, the media or journalists have fault.There are two kinds of defense reasons against media tort. The first kind of defense reasons is common reasons that can be applied to all kinds of torts. The following are the examples:wrong subject or no legal right, limitation of action, no illegal act, no relation between the act and the damage, fault of the right holder, agreed by the right holder, fault of someone else. The second kind of defense reasons are special reasons that can only be applied to media tort, such as truth of the news, special license, subsequent news, fair comments, public interests, fair use and safe harbor rules.