Mass media and the protection of personality rights

Author: Hong Wei
Publisher:
Publish Date: 2005-06-01
Features: This book consists of five chapters.
Chapter 1 introduces the general overview of mass media. Media can be broadly and narrowly defined. The broad definition of media encompasses everything under the sun. The narrow definition refers to mass communication media, often abbreviated as mass media. Mass media are all material carriers used to convey various types of information to a wide audience. Traditionally, it includes six types of media with a broad reach: books, newspapers, magazines, radio, film, and television. The first three are known as print media, while the latter three are electronic media, along with emerging media such as the internet and audio-visual publications. In the narrow sense, mass media specifically refer to newspapers, magazines, radio, television, and the internet. This book uses the term "mass media" within the narrow scope, sometimes treating it as synonymous with "journalistic media." This chapter introduces the origin and development of media, elaborates on the characteristics of print media, electronic media, and network media, the social functions of mass media, as well as their impact and role in the development of Chinese society.
Chapter 2 explores the relationship between mass media and the right to reputation. Since the early days of human society, the right to reputation has been protected, but the modern legal system that confirms and safeguards this right was established by bourgeois legislation. Different countries have adopted various methods and means to protect the right to reputation. Common law jurisdictions primarily rely on tort law to protect this right, while civil law systems emphasize incorporating the right to reputation as part of personality rights. China's legal system has formed a comprehensive protection framework for the right to reputation, ranging from the constitution to basic laws. However, with the rise of mass media in contemporary society, incidents of mass media violating the reputation rights of citizens and legal entities have been increasing, presenting new characteristics. How to balance freedom of speech with the right to reputation is a challenging issue addressed in this chapter. The author suggests some practices from Western countries, such as the "truthfulness principle," "fair comment," and "privilege," to resolve conflicts and achieve a balance between freedom of speech and the right to reputation.
Chapter 3 explores the relationship between mass media and the right to privacy. With the rapid development of science and technology, the dissemination of social information by mass media has become even faster. The extensive reporting by mass media on people's roles in social life has made conflicts arising from media coverage infringing on privacy increasingly prominent.
Chapter 4 explores the relationship between mass media and the right to portrait.
Chapter 5 explores the relationship between mass media and the rule of law.