Analysis On The Case Of General Personality Dispute Between Zhaolin And Tianjin Daily

Legal protection of personality rights, not individual-centered product, but to society as a whole starting to meet the needs of multi-stakeholder value system. Between personal interests and the interests of society, there will always be some friction, large or small, and the existence of the law is to find a balance in these frictions and conflicts. On the one hand, China’s "Constitution" clearly stipulates the citizens enjoy freedom of speech and freedom of the press; on the other hand, Personality rights of citizens to be protected content of civil law, is one of the most basic human rights. These two rights are of mutual restraint, excessive use of either party will cause damage to the other party, But because of the legal value of diversity, certainly there will be a conflict between the two legal interests, In the face of such "value conflict", the law can only choose one Legal interest to tilt. From a legal point of view abroad, most choose to prioritize the protection of press freedom. In China, the main provisions for the protection of press freedom was in the Constitution, but the content of the protection of personality rights has improved steadily. The author believes that, as strong proponent of public opinion of our national conditions, priority should be implemented to protect press freedom, this is not to say that there is no legal principle tilting to the freedom of the press,and under the premise of Press and Publication conduct proper regulated by the law, proper demarcation of press freedom and the protection of moral rights, as long as the behavior of the press and publishing not overly out of bounds, for their "minor injury" of Personality rights, such as those slight misnomer which not bring others harm of the legal sense, the law of protecting the moral rights should also be tolerated.General personality dispute between Zhaolin and Tianjin Daily is a representative cases between personality rights and the Press and public opinion conflicts which involving public figures. Court ruling on the case reflects its full weigh of these two legal interests. At issue in this case consists of three main components:That is,whether Tianjin Daily violated Zhao Lin’s reputation, privacy and image rights. In this case, Zhao Lin as a public figure, because of its prestige and reputation was benefit from the media publicity, so the scope of protection of her personality rights protection compared to other ordinary person’s personality rights, the restrictions more more, the scope of protection of privacy and image rights are also greatly reduced. Therefore, the court rejected the plaintiff about their privacy and portrait rights, supported the plaintiffs appeal on its reputation after listening the two sides’ view and taking into account the interests of all parties. This article is intended to draw the scope of regulation of the exercise of freedom of the press by the analysis of the case, so as to achieve the purpose of both the protection of personality rights of citizens are not subject to unreasonable prejudice and not blow journalists’ work ethic of public opinion on community.