社交媒体时代灾难报道中知情权与隐私权的冲突与平衡

The Conflict and Balance between the Right to Know and the Right to Privacy in Disaster Reports in the Era of Social Media

社交媒体时代,知情权与隐私权的冲突更加尖锐,新闻媒体有时为了满足公众的知情权而不当披露灾难经历者社交媒体上的隐私信息。针对人物特稿《MU5735航班上的人们》是否侵犯隐私权的问题,业界与学界观点也产生了分歧。本研究历时性地梳理了知情权与隐私权及两者关系的演变,并分析两种权利冲突在社交媒体时代加剧的原因。针对灾难报道的两权冲突大多属于私权利冲突的情况,本文建议新闻媒体以权利协调为基本平衡原则,并遵循“征得知情同意”和“协商隐私管理规则”的操作规范来平衡知情权与隐私权。

In the era of social media,the conflict between the right to know and the right to priva-cy is more acute,and news media sometimes improperly disclose privacy on social media of disaster victims in order to satisfy the public's right to know.Regarding the question of whether the feature"People on Flight MU5735"violates the right to privacy,the views of the journalism industry and the academic community have also diverged.This study examines the evolution of the right to know and the right to privacy,the relationship between them,and analyzes the reasons why the conflict between the two rights has intensified in the era of social media.In view of the fact that most of the conflicts of the two rights in disaster reports are conflicts of private rights,this study recommends that news media take the coordination of rights as the basic balancing principle and follow the operational norms of"obtaining informed consent"and"negotiating privacy management rules"to balance the right to know and the right to privacy.