隐性采访的法律规制

Legal Regulations on Convert Coverage

隐性采访虽在发掘隐匿和伪装社会信息方面取得了卓越成就,但为了克服其固有弊病,仍有必要通过法律规制将其有效控制在法治框架之内。隐性采访的合法性判断标准在于:必须出于维护和增进社会公共利益的正当目的;必须经由正当的程序决策;必须符合新闻真实性原则的要求;不得侵犯他人合法权益或违反法律禁止性规定。隐性采访形成的新闻报道并非一项诉讼请求,只需满足新闻真实性原则即可,不必每一细节均有确凿证据证明。

Covert coverage, although it has made remarkable achievements in detecting hidden and disguised social information, must be controlled effective-ly in the framework of rule of law through legal regulations, in order to over-come its inherent setbacks. The judgment standard of legitimacy of convert cov- erage should be that the purpose of covert coverage must be to maintain and en- hance the public interest of the society, that the decision must be made in accord- ance with the due procedure, that its process must conform to the news authen-ticity requirement, and that the result of coverage must not infringe upon the lawful rights or violates the legal prohibitions. As the news reports of covert coverage are not legal claims, they just need to meet the standard of authenticity rather than have every detail testified with unquestionable evidence.