Research in relation to criminal law issues concerning violations of the privacy of the press

• Main Authors: CHEN, YU-CHIA, 陳宥嘉
• Other Authors: 林東茂
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/90515620111338673423

碩士 === 東吳大學 === 法律學系 === 103 === The accession of information has been changed dramatically in the past few decades. Nowadays, people rely on the media to connect with society. The booming of the media could help to supervise the government, provide knowledge to the people and it is also a sign of the improvement of the society and democracy. Recently, the audience rating and the viewing has become an important factor for Taiwanese media, and cases where the media has violated a person’s privacy are not uncommon. This type of reporting may satisfy some audiences, but it may also be unlawful. This phenomenon has revealed that the law is not enough to standardize this kind of legal issue. For example, due to the norm of the Criminal Code (no penalty without a law), the lacking of the constitutional factors could not standardize the new high-tech reporting style and may not be able to protect the right of privacy. The freedom of press and the right of privacy could be conflicting. The media should not ignore the right of privacy just for reporting, and vice versa. Therefore, it is essential to draw a legal line and dissolve the confliction between these two factors. In this research, I have reviewed the literature in the freedom of news and the right of privacy, provided the examples from various media outlets, discussed the constitutional factors and the judgments from Criminal Code. I expect to find a balance between them and this research can be referred to in future cases.