论隐性采访的法律困惑

隐性采访是近年来受到新闻记者普遍青睐的新闻采访形式.由于通过隐性采访这种采访手段采获的新闻具有形式的新颖多样、内容的新鲜独特等特点而受到受众的欢迎,成为大众传媒经常采用的新闻样式.但由于相关法规的缺乏,新闻记者在开展隐性采访时,经常会遇到诸多法律困惑:通过隐性采访采获的视听资料能否作为法庭合法证据使用,隐性采访实施过程中是否可以采用引诱手段,新闻记者在隐性采访时如何隐身等等.在没有专门法规定的情况下,探讨根据我国现有法律的相关规定合法开展隐性采访的方法和途径,对于隐性采访的健康发展意义重大.

Legal Dilemma of Covert Coverage

Covert coverage is a popular and favorite form of coverage for journalists in recent years. Being very popular among audience, covert coverage has become a common form of mass media coverage due to its novelty, variety and peculiarity. Anyhow owing to the lack of law and regulations, journalists often get puzzled by the problems which mainly included: 1) Whether the audiovisual data by means of covert coverage can be used as legal evidence? 2) Whether lure can be employed in the covert coverage? 3) How to conceal themselves when journalists develop covert coverage... It is of great significance to explore the measures and approach to develop covert coverage on the basis of existing relevant laws and regulations in the absence of specific law stipulation.