论新闻媒体侵害隐私权的抗辩事由

The Plea Instance against the Media’s Invasion of Privacy

隐私权制度在于保护公民的个人信息免受外界的侵入和干扰,而新闻自由制度在于将个人及社会信息向公众披露,以满足公众的知情权和好奇心。这就不可避免地造成新闻媒体和隐私权冲突的发生。二者既相互联系又相互制约,当两者出现利益冲突时,应当如何化解矛盾,成为我们亟待解决的问题。在新闻侵害隐私权中,正确地运用构成理论和抗辩事由的理论,充分发挥二者的不同功能,可以较好的协调隐私权与知情权、公开权等新闻自由权的冲突。

The rule of privacy is to prevent the people’s personal information from being intruded and interrupted by the outside world,but the media is to release the personal information to the public,to meed their right to know and curiosity.These will inevitablycause the conflict between the media and the rule of keeping privacy.The two are related and also restricted with each other,the conflict occurs,it becomes a problem to be resolved.In the case of privacy invasion by the media,it can better coordinate the conflict between the right to keep privacy and the media’s freedom such as right to know,and open to the public to use the theory of forming and plea instance,to show their different usage.