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paper代写-Freedom of the press

2018-07-07 | 来源:51due教员组 | 类别:Paper代写范文

下面为大家整理一篇优秀的paper代写范文- Freedom of the press,供大家参考学习,这篇论文讨论了新闻自由。新闻媒介最重要的作用是保障人们的知情权和实现社会监督,而新闻媒体在实现这些功能时可能会不经意地损害了人物的名誉权,面临侵权的指控,限制了新闻自由。因此,尽量平衡新闻自由和公众人物名誉权之间的权利冲突,既保障新闻媒体的言论自由,又保障公民名誉权不受侵犯,是目前面临的一个重要问题。

Freedom of the press,新闻自由,英国论文代写,paper代写,论文代写

The right of reputation is the right that people enjoy in accordance with the law to objectively evaluate their own society and exclude others' infringement, and is a kind of personality right. The protection of the right of reputation by law is aimed at standardizing and constraining the evaluation expressed by language and words so as not to infringe the spiritual interests of citizens. Freedom of the press is the right of the public to fully express their real thoughts through the media, such as language and words. Focusing on the protection of citizens' freedom of speech and press, it is inevitable to impose necessary restrictions on citizens' right of reputation. On the other hand, focusing on protecting citizens' right of reputation means imposing necessary restrictions on citizens' freedom of speech and press. Montesquieu said, "freedom is the right to do everything that the law permits. If a citizen can do what the law forbids, he will not be free, because other people have the same right. This sentence vividly illustrates the essence that all rights must be limited. The boundary of one person's rights does not interfere with the exercise of the rights of others. In real life, the protection of one right will restrict the other right, which will lead to the conflict of rights. It is precisely because of this characteristic of rights that they have conflicting tensions.

In the United States, the protection of the right of reputation is mainly realized through libel law. Due to libel law is derived from the British common law in the United States, so far there is no evolution of statute law, so in public figures reputation dispute is caused by news reports of cases, are addressed by libel law related cases. Libel law constitution, after a series of constitutional jurisprudence is trying to mediate the contradiction between libel laws and the first amendment, the process of news infringement reputation the constitutive requirements of public figures have made some adjustments. These adjustments revolve around the following concepts: public figures and ordinary people, actual malice and negligence. First, in a news tort lawsuit filed by a government official or public figure as a plaintiff, the plaintiff must prove the existence of actual malice. Secondly, in the case of ordinary people, the plaintiff only needs to prove the negligence of the news media. The Supreme Court of the United States stressed that if government officials or public figures to win in the related news infringement lawsuit, need your evidence when make the news media has "malicious", in fact, the news media in the reports of the plaintiff while clearly knowing that their use of the material or information is "false" or the use of materials and information the authenticity of indifference was the attitude of indifference. Thus, the U.S. Supreme Court defines "actual malice" as the disclosure of a statement that is knowingly false or indifferent to its authenticity. According to this standard, actual malice consists of two aspects: one is deliberate, the other is gross negligence. Deliberate means that the news media release the news knowing that the news is false and give it? L cloth, serious negligence means that the media did not fulfill the corresponding obligation of examination and verification when publishing. In a case of infringement of reputation by ordinary people, the plaintiff only needs to prove that the news released by the media is not true and that the media is not "actually malicious". It can be seen that ordinary people have less burden of proof and enjoy more protection than public figures.

The constitution of our country stipulates that all civil subjects enjoy equal civil rights, and there is no distinction between government officials and public figures and ordinary people in the determination of the right of reputation. Therefore, in the civil legal system, there is no distinction between public figures and ordinary people's right of reputation. They apply the same standard.

In 1993 the supreme people's court on the trial of reputation case if thousand problem solved "regulation:" does the encroaching on duty, shall, according to the fact that the victim does have a reputation damaged, illegal behavior person behavior, there is causality between illegal behavior and injury consequence, actor has subjective offence to that." According to this regulation, the determination of the right of reputation infringement by news consists of the following four elements: the fact that the news report is illegal, the reputation is damaged, the subjective fault and the causality.

The illegality of news reports is mainly manifested as insult or libel. Insult mainly refers to the behavior of degrading the personality of others in the form of language, words or actions. As long as the insult has caused damage to the reputation of others, it can be regarded as infringement, the truth of facts is irrelevant. Defamation is mainly the act of fabricating or spreading false facts to derogate the personality of others. The first condition for the identification of libel is that the facts disseminated are false, and if the facts are true, defamation is out of the question. The news coverage damaged the victim's reputation. To determine whether reputation is damaged should be measured by social evaluation, because it is an objective existence, not the subjective feelings of the parties. Subjectively, the news torts must be at fault. The so-called fault is the mental state when the actor carries out the behavior, including the intention and the fault. Deliberate means the subjective state of mind in which the actor clearly knows that his actions will cause certain adverse consequences and wishes or allows such adverse consequences to occur. Negligence refers to the subjective state of mind in which the actor should have foreseen that his behavior would lead to certain adverse consequences, but could not have foreseen due to negligence or could have foreseen but trusted to avoid it. There is a causal link between news infringement and reputation damage. In news activities of encroaching on cases, the victim's reputation must be the result of the results from news encroaching on behavior, require reports must exist a causal relationship between content and injury consequence. If the result of the damage is not caused by the infringement, there is no reason for the actor to be held liable.

As far as tort law is concerned, defense refers to the fact and cause of the defendant's exemption from liability or reduction of liability against the lawsuit request of the plaintiff. According to the principles of the United States libel law, the news media can exclude the defamation lawsuit against the news media brought by the plaintiff due to the loss of reputation. Among them, authenticity, fair comment and concession are the three main reasons for the defense of press freedom. There is no specific defense reason for news infringement of reputation right in China's current law. Only two interpretations issued by the Supreme Court provide the defense reason for news infringement of reputation right dispute.

Authenticity, the use of the truth to tell the truth about the content of their report is true. The us tort law stipulates that "a person who makes a defamatory statement of fact shall not be liable for libel if the statement is true." Therefore, as long as the news media can prove that the content they report is basically true, even if there are small inaccuracies, it will not invalidate the authenticity defense.

Fair comment, that is, the news media criticism or comment on public figures, to convince the court that the accused is reasonable comments, and show the comments are well-intentioned, rather than with a malicious attacks. Concession means that a member of parliament enjoys absolute freedom of speech during a congressional debate, and is free to speak his or her own words, regardless of whether the statement is true or not. Later, the scope of the "concession" was gradually expanded. In order to play the supervisory role of the news media more effectively, the "conditional concession" was granted to the news media. In libel law, "conditional concession" means that the media is free from legal liability when reporting administration, judicial, legislative and public records in a fair and definite manner. This right gives the news media the confidence to use official documents or official statements, even if they are wrong, without fear of liability.

In China, the content reported by news media can be divided into complete truth, basic truth, basic inaccuracy and serious inaccuracy by means of judicial interpretation. According to this regulation, no infringement shall be deemed if the content of the report is completely true or basically true and there is no insulting content. Only when the news report is seriously inaccurate or the content is basically untrue, and the reputation of others is harmed, can the court establish the charge of infringement of the right of reputation.

As for the principle of "fair comment", there is no explicit stipulation in Chinese law. Only in 1993 and in 1998 the supreme people's court on the trial of reputation case to solve some issues of the reputation disputes caused by critical articles, news relating to the product quality and service quality reviews cause infringement case, the news media available fair comments as a defense.

In the course of news infringement, China's provisions on the right of concession come from the 1998 answer, which is limited to the official documents of the state organs and the ACTS of public authority. When a news report comes from the aforesaid information and is objective and accurate, it shall not be deemed as infringement.

The role of the news media is the most important is the guarantee people's right to know and realize the social supervision, and the news media in implementing these functions may inadvertently damaged the reputation of public figures, is facing a charge of infringement, limiting the freedom of the press. Therefore, try to balance between the freedom of the press and the public figures reputation rights conflict, both security news media freedom of speech, and safeguard the reputation of citizens are inviolable, is facing an important problem in our country. In order to solve this problem effectively, we might as well draw lessons from some practices of the United States and formulate some countermeasures based on China's national conditions. For example, when judging the infringement of the reputation right of public figures by news, we should satisfy the four elements of tort and the principle of "actual malice" of American libel law to prevent malicious litigation. For ordinary citizens, and public figures, apply different protection standards, clear justifications of the news media, news media to prevent abuse of rights, set for the protection of the public figures reputation solid bastion.

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