| With the development of human civilization and the progress of science and technology,the boundary between public figures and ordinary people has become increasingly blurred.It is no longer uncommon for ordinary people to become overnight celebrities because of some random events.Although these people do not want to enter into the public eye voluntarily,they still gained a lot of attention by accident.Such people are essentially different from so-called public figures.They become public figures because of the basic passive factors and should be classified as‘involuntary public figures’.However,with the increasing exposure of these involuntary public figures,incidents such as "human flesh search" and "cyber violence" have occurred from time to time.Taking such opportunity,the mainstream media reprint and disseminate relevant information in a large scale in order to attract public attention.This leads to frequent violation of the privacy rights of involuntary public figures and has aroused widespread concern in the academic community.Compared with voluntary public figures,although non-voluntary public figures also have profound social influence,the particularity of their own nature makes them unable to generalize together with voluntary public figures.This means that the academic reasons for requiring public figures to cede their rights to privacy do not always apply to involuntary public figures.Involuntary public figures should deserve more privacy protection.Therefore,it is of great value to study and protect the privacy rights of involuntary public figures specially.Starting from the basic theory of involuntary public figure privacy,this dissertation analyzing and combing related concepts such as public figure,involuntary public figure and the right to privacy.Then,the judgment criteria for involuntary public figure is divided into three aspects,they are subjectively having no will to become a public figure,objectively having a certain degree of social attention and the attention coming from major events.This dissertation defines the involuntary public figure privacy as the right of people who have no willingness to become public figure in subjective,but because of some special environment or accidental incident suddenly become the focus of social attention,their private life and private information that are not related to the public interest should be protected according to law and not illegally intruded,learned,collected,used and disclosed by others.The privacy of involuntary public figure has the characteristics of vulnerability to invasion,combination of fact and fiction,and property.This dissertation summarizes the forms of infringement of privacy right of involuntary public figures in real life by violation reporting of the traditional media,excessive excavation and dissemination from the new media and "human flesh search" by ordinary people.By sorting out the current status of legislation and combining with the current hot cases,it can be concluded that there is a legal gap in legislation and lack of discretion standard in judicature in the protection of privacy right of non-voluntary public figures.In practice,there are also some problems,such as the lack of self-discipline in the news industry,the unsound network supervision mechanism and the citizens’ weak consciousness of safeguarding their rights.In view of the reality of the above problems,this dissertation puts forward countermeasures such as strengthening the legislative and judicial protection of non-voluntary public figures,strengthening administrative supervision and self-discipline of the news industry,and enhancing citizens’ awareness of safeguarding their rights while improving media literacy.This will provide a theoretical exploration for the solution of the legal problems related to the violation of privacy of involuntary public figures and provide a practical reference value for the formulation of relevant settlement regulations. |
