论隐私权与新闻自由的法律冲突及调适

新闻自由是现代社会实现民主政治的客观需要,伴随着科学技术的发展,大众传播手段日益先进,其社会影响也更为深刻.与此同时,新闻媒体对公民的隐私权等人格权的侵害变得更加容易,媒体行使新闻自由权和公民隐私保护的冲突也日趋明显.因此,应在结合二种权利的性质及具体国情等综合因素的基础上,以优先保护隐私权为主,同时辅以个案利益权衡的方法来解决冲突.

The Harmonization and the Conflict between the Privacy Right and the Freedom of Press

The freedom of the press is the modern society need for realizing the democratic political objective,following with the development of science and technology,the means of mass communication advanced day by day,the society affects of the free press is also more profound.At the same time,it becomes easily that the news media invade citizen's personal right such as the privacy right.The legal conflict between privacy right and freedom of press is getting obviously. Considering with the factor of the property of the rights and realities of the country,the method of solving the conflict is to give priority to protecting the privacy right,and balance with the benefit of specific case in the meantime.