| Summary: | 碩士 === 東吳大學 === 法律學系 === 96 === While press freedom is protected by the Constitution, personality rights are the basic rights for what the human lives. The former is an important regime for social public interests; the latter is the fundamental element of personal dignity.
New medium sometimes infringe upon personal rights and interests in news stories. News media always justifies or defends themselves in such media torts cases with press freedom. However, press freedom is absolutely not a cure-all
of liability in terms of legal theories and judicial practices. It is indeed a pressing issue that how to let people who work in news media industry to learn of the types of media torts and related theories, laws, and judicial practices in order to self-protect from litigation and avoid infringing upon others’ rights.
Under the above circumstances, this thesis tries hard to introduce and analyze the principles of conflict and harmonization between press freedom and personality rights through studying theories and judicial practices. The thesis
consists of seven chapters, with core parts spreading from Chapter 4 to Chapter 6, which mainly focus on news stories involved in character assassination, privacy infringement, right of publicity and moral rights of the author. The
abstract of each chapter is as follows.
Chapter One-Introduction
Account for the motives, research approaches, structures, and limitations of this thesis.
Chapter Two-Theories and the constitutional basis of press freedom
This chapter firstly states the meanings of press freedom, interprets the development and contents of press freedom in British, US and R.O.C, and lists the types of protecting press freedom by constitutions in various countries in
the world. Secondly, this chapter emphasizes the theories and constitutional bases of press freedom, and underlines the liability for media torts by debating the absoluteness and relativity.
Chapter Three-Personality Rights
The laws and decrees of protecting personality rights were once included in the public law and stipulated in criminal law and constitution; however, as individualism has been thriving, life, body, freedom, and reputation were protected by private laws. This chapter elucidates the significance of
personality rights in private law, the contents, natures and characteristics of personality rights. Personality rights stipulated in civil law are also discussed.
Chapter Four-The conflicts between press freedom and personality rights: news stories infringing upon reputation right
There are many types of media torts in which news stories infringing upon personality. The infringement on reputation right is the main issue in this chapter. In addition to introducing the meaning and functions of reputation right, the chapter accounts for constitutive requirements, and then dwells on the duty of proof, defense, and indemnification for infringing on reputation right.
Furthermore, some judicial rulings in Taiwan’s Courts were cited to understand the views from judges in various Courts. The last part of the chapter discusses the controversy of applying the Interpretation No. 509 issued by the Council of
Grand Justices to civil case concerning the infringement on reputation right.
Chapter Five-The conflicts between press freedom and personality rights: news stories infringing upon privacy right
The chapter outlines the theoretical basis and contents of privacy right as well as of the related stipulations in domestic laws. Try to analyze the constitutive requirements and indemnification for infringing upon privacy right and to let people in news media industry recognize the boundaries of infringement upon privacy, and to avoid being liable for the damage to privacy as well as facing risks of being litigated. .
Chapter Six- The conflicts between press freedom and personality rights: news stories infringing upon right publicity and moral right of author Right of publicity and moral right of author are two other types of personality
rights, and they are often the victims of media torts. The chapter is divided into two parts, the former introduces the definition of the right of publicity and related stipulations in domestic civil law; the latter interprets the meaning,
natures, and types of the moral right of author as well as the ways of redeeming.
By presenting a judicial case study, this chapter at last compares the legal rank of the right of publicity with that of the moral right of author.
Chapter-Seven-Conclusion
To summarize all the emphasized viewpoints in this thesis and try to indicate all essential concepts scattering among the previous six chapters in a way which is readily understandable, and present legal comments and suggestions
for the purpose of academic, legislative reference and application in judicial practices.
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