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On Protection And Restriction Of Public Figures’ Right Of Privacy

Posted on:2014-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:T LiFull Text:PDF
GTID:2296330425980113Subject:(degree of civil and commercial law)
Abstract/Summary:PDF Full Text Request
With the development of the right of privacy theory and improvement of citizens’ privacyconcept and consciousness has been strengthened, and the law for the protection of privacy ismore in place. But in recent years, as a special social group in the privacy of public figures arein a growing number of violations, the network technology of constant innovation and thematuring of the emerging media, makes the privacy of public figures all the time may havebeen exposed. Although based on public interests, the public’s right to know and consider thepublic interest, and many other factors, the privacy rights of public figures can’t obtainprotection range equal to those of ordinary people, but for public figures belong to personalprivacy, we should give effective protection.For public figures, their identity has particularity, so need to limit the right of privacy tothem again. Public figures have more social resources, and gain more interests, thecorresponding should shoulder more social responsibility, so as to realize the balance of rightsand obligations. Therefore, limit the privacy of public figures is very necessary. A reasonablelimit to public figures privacy to maintain normal order of the news industry and thedevelopment, promote its play a role of supervision, and promote the overall development ofthe society. At the same time, guarantee citizens’ right to know, to maintain social publicinterest.Based on the interpretation and analysis of the privacy of public figures and theirconcepts, to illustrate in comparison to ordinary people, public figures, this special socialgroup in the privacy of the difference lies not in whether shall enjoy the right of privacy, butin law to the protection of their privacy and limit the degree is different. For public figuresprivacy rights arising from the conflict, the interests balance point of view was proposed torealize the protection and restriction between the checks and balances. By inspection, fordomestic and foreign legal regulations spending for privacy protection in our country andlimits the deficiencies and improvement Suggestions are put forward.This article altogether is divided into five parts:The first part defines the concept of public figures privacy, first through the origin anddevelopment leads to the concept of public figures, concept, connotation and extension ofpublic figures do the relevant interpretation and explanation, and according to differentdivision standard for public figures typed analysis; On privacy and privacy are introduced, followed by respectively expounds relevant meanings and contents of privacy and right ofprivacy; Again, is a combination of public figures and privacy are two concepts to illustratethe definition of public figures privacy and compared with the general sense of the present theparticularity.The second part expounds the theoretical basis of and restrictions on public figuresprivacy, focuses on analyzing the relationship between personality freedom, personal dignityand privacy, and public interests, the public’s right to know about privacy and freedom of thepress.The third part researches the foreign and domestic civil legislation on public figuresprivacy protection law, regulations and restrictions on the privacy on the civil legislationabroad emphasizes the principle of actual malice in the United States and Britain of PPC,industry self-discipline mode, on the domestic legislation, introduced some privacy protectionlaws and regulations and has not restrict of public figures privacy in our country.The fourth part illustrates the privacy of public figures is how to balance the protectionand restrictions, from both two aspects of protection and limitation of relations, this paperillustrates the causes of conflict and how through the theory of balancing of interests toachieve the balance of interests.The fifth part as the end of this article, tells the story of perfecting our country’s publicfigures privacy protection and restriction system. According to the analysis in public figuresprivacy protection in our country and limit the problems, from the legislative, judicial andsocial way, respectively, puts forward Suggestions on improving the public figures privacyprotection and limitation.
Keywords/Search Tags:Right of Privacy, Public Figures, Protection and Restrictions, PublicInterest, Balancing of Interest
PDF Full Text Request
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