论新闻自由和隐私权的冲突与解决-民商法专业论文.docxVIP

Abstract Both press freedom and the right of privacy are basic rights provided in the constitution and the laws. Along with the news media’s expansion, the continual maturity of civil rights consciousness and privacy expressly provided in the civil law, the press freedom and privacy conflicts with each other more generally. Therefore, it is especially important to discuss the conflicts between them and to build the model to solve their conflicts. Press freedom is the freedom for news media and its practitioners to interview and to report the news freely, its theoretical basis mainly includes free market theory, the fourth power theory, right to know the knowledge theory. The right of privacy become a legal concept protected by not until modern times. It means one has the right to deter others from intervening his\her private information and field. Therefore, press freedom has the nature of openness, and the right of privacy has the nature of secrecy. The conflict between them because of the vagueness of rights, the antagonistic nature of rights, the expansion of rights’ running, and the shortage of regulations give rise to their conflicts. Seeing from the operating practice, the conflicts between press freedom and privacy is a two-way street. When press freedom infringe privacy, it mainly through news interview methods and contents. News interview methods can be divided into lens invasion, alias interviews, hidden photography and recording, tracking secretly, and so on. The news reports’ contents include disclosure and error report of other peoples privacy. On the other hand, privacy is likely to take excessive defense to press freedom, and this will affect social information in circulation, weaken the supervision function of news media, and isolate individuals and society extremely. ationaIIIn modern society, the conflict should be solved by the construction of rule of law order. The worldwide solving patterns mainly include right-hierarchy model and the model of