On The Reasonable Use Of Personality Elements In News Reports

Article 999 of my country’s "Civil Code" stipulates the system of rational use of personality elements in news reports,which is an important part of the personality rights protection system.interests,without the consent of civil subjects to use their personal interests.When news reports play the role of public opinion supervision,it is inevitable that they need to use the personality elements of other civil subjects.This provision provides a legal basis for such use.my country has not yet formulated a special news law,and the norms of media behavior responsibility are still unclear,so this article is also regarded as one of the protection clauses and activity guidelines for news reports.However,this article only abstractly stipulates the system of rational use of personal interests,and its use rules and scope of use have not yet been clearly defined at the legislative level,leaving room for discussion.First of all,the rational use of personality elements in Chinese law is a statutory restriction on the personality elements enjoyed by civil subjects.Article 999 of the "Civil Code" adopts the legislative method of open enumeration,and limits the objects of rational use of personal interests to names,titles,portraits,personal information,etc.In view of this,it is advisable to define the personality elements of the rational use of news reports as the personality elements in the spiritual personality rights with positive power.Although these personal interests are of different types,they all have the same privacy attribute.The rational use of personal interests is to further compress the privacy attributes on the basis of public interests,and realize privacy sharing based on public interests.Secondly,safeguarding public interests is not only the purpose of public opinion supervision in news reporting,but also the core of the rational use of personal interests.The public interests maintained by news reports generally focus on national interests,social security interests,and public moral interests.In terms of the identification method of fair use,the rational use of the personal interests of civil subjects in news reports can introduce the principle of proportionality and the principle of substantial malice,which limits and protects the rights of the news media.At the same time,according to the different identities of the news reporting objects,special protection should be given to special subjects,such as public figures and minors.Finally,as a new type of civil system,the rational use of personal interests is established to ease the conflict between public and private interests.In order to better achieve this goal,it is extremely necessary to establish a sound risk assessment mechanism and a pre-litigation injunction mechanism.