The Border Of Medium Authority

With the fast growth of new media, the media right has been expanded widely, the functions of media have been strengthened, and the. influence has been penetrated too. On one hand this has helped improve the people’s democracy and freedom; on the other hand this can also lead to the abuse of power easily, which harms other same important and valuable interests and rights. Therefore, the media right need to be limited, in order to have other rights protected. This article is aimed to sort out all the laws and regulations of China’s news media so far, explore what kind of right the news media has in the current legal society, and which kind of right should be restricted, and try to do more detailed analysis on the borders of the right of news media.There are five chapters in total. The first chapter is an introduction, on the reason of this research, current research status of both domestic and international, the basic content and new findings of this article, the methodology and content summary.The second chapter is about the expansion of media right, which mainly introduces the new changes coming from the development of media. Driven by the digital technology and internet, media is developing rapidly. The new form of media which is based on the digital transfer of internet has gradually become the main stream in people’s daily life. This means the right of discourse is moving, the subject of communication is changing, from the traditional media to the ordinary public; the carrier forms has been changed as well, so that the information communicated can be accepted more easily. As a result, the media right is everywhere, and the moving of discourse right along with the spread of media right make the tort occurring more often. This chapter includes three sections: the evolution of media and transfer of discourse right, the rising of new media and expansion of media right, pros and cons of the media right growth. Concluded with the new concept of media right expansion, media society, collusion of public right, four stages of media development, media subject, etc. The historical care method is applied to prove the necessity and urgency of drawing a border for the media right, in regards to the new issues coming from the development of media.The third to fifth chapters are related to the issue of balance the media right and the other legal rights.The third chapter is mainly about the issue of media right and the state security and confidentiality. Media is transmitting information to the public, but not all kind of information can be opened in terms of the state security. Considering some news may incur social unrest and disturbance of people’s ordinary life; some news are national secrets and should not be disclosed to public in certain period of time. China has some specific regulations accordingly. This chapter contains detailed analysis and clarification on their definitions, original purpose, values and restrictions to media of these regulations. There are three sections: media right and state security, media right,keep national secrets and the new threat of safety from mobile media.The fourth chapter is to discuss the border of media right and the right of reputation. China has relatively complete laws to protect the right of reputation, and people’s reputation should not be harmed by the information transmitting through media. This chapter includes the topics of the detailed regulations, torts often seen, how to balance the reputation right and media right. It covers not only the restrictions of related regulations to the traditional media, but also some new situations and issues from the internet media in recent years. There are three sections:the restrictions to the media right by the right of reputation, the harm to the right of reputation by the misuse of media right, the balance of reputation right and media right. Case study is applied to some typical cases on internet, and the border of new media right is investigated.The fifth chapter is about the issue of media right and the right of privacy. Nowadays people pay more and more attention to the personal privacy, which is also a basic human right and protected by the law. However, the media reporting could easily affect personal privacy. Herewith there have to be a clear border of what can be done and what cannot be done by the media. This chapter is a discussion of these regulations, including some newly developed rights. The human rights is developing with the development of society, people are having more and more new requests on personal rights. Seen from the history, the protection of human rights is improving. Just talk about the personal rights which have closest relationship to the news media, it contains only the reputation right from the beginning to the later privacy right. With the new development of cloud storage and technology of big data, the right of oblivion is raised, when people realized the personal information would be always stored in the internet and some negative information could be always found. This is new issue appeared from the development of media. There are totally five sections: the restrictions to media right by the personal right, the harm to personal right by the misuse of media right, the balance of personal right and media right, the protection of privacy right by the law, the new development of personal right - right of oblivion. Case study is applied to some typical cases on internet, and the border of new media right is investigated.