传媒监督权行使如何法治——从“宜黄事件”切入

宜黄事件是一起因传媒监督而具有法律意义的典型事件。对该起事件的调研及对相关新闻内容的梳理表明,其传媒监督权行使的信息基础存在瑕疵,有违新闻报道的基本要求;相关传媒也未能坚持中立的立场,报导中未能做到尽可能的客观公正,未能兼顾冲突双方的话语权。因此,该案传媒监督权的行使出现了法治偏差。这与传媒介入的特性有关,更与传媒追求商业利益的倾向有关。社会和公共领域中的政治力量,也可能影响传媒监督权的立场。承担公共表达职能的传媒,是现代法治国家共同价值的维系纽带之一,因此需要平衡商业利益和政治力量的制约,塑造传媒监督的健康立场。这可以通过职业伦理约束和法律规范的共同作用来实现。

The Gap between Media Supervision and Its Justice Purpose: Taking Yihuang Self-immolation Event as An Example

Yihuang self-immolation event was a typical event that the media fully exercised their right of supervision.However,under the scrutiny of comparing the fact of this event with the information the media publicized,the media was found failed to implant their rights justifiably,because there were obvious and deliberate differences between the news and the truth of this event.The media misrepresented this event and excessively favored victims.As a result,supervision of media did not lead to justice in this event.As the main reason for this,the nature of media is pursuing interests.Being regarded as an important role in pursuing social justice by most legal experts,the media cannot get it for its nature.Therefore,it is not enough to achieve justice only based on the media supervision,but on the legal measures taken to control media.These measures can make the media balance their business interest and public interest,in order to play a role in transferring justicial value to the individuals.