USA and Chinese life (3) American law how to protect personal privacy

 America and Chinese life series (three) USA law how to protect personal privacy

   Recently, Zhang Ziyi and her boyfriend are candid camera after a large number of exposure in the media at the private beach pictures, a lot of friends in the comments about the privacy issues. Let's take a look at, USA law is how to define the relationship between press freedom and privacy and American legal how to protect personal privacy.
   USA early in nineteenth Century established the basic legal protection of citizens right of privacy, the common law has defined on the invasion of privacy, including: the invasion of privacy, stealing others' name or likeness, public private life, others open distorted image. If any one of the above four kinds of behavior, it shall bear the liability for infringement of right to privacy act.
   According to a Losangeles Times poll, 75% of respondents believe that America media violation of people's right of privacy. The right of privacy involves ethical issues, also involve legal issues, whether the media violate people's right of privacy in reporting and dissemination of information, from the aspects of.
   First, violations of personal physical or mental privacy. These cases involve the most groups are celebrities, such as entertainment stars, sports stars and other. American laws on media restraint in this regard is, the reporter can be interviewed or photographed person in public places and public events. Private residential and internal activities and Private Companies, if not by the parties or the company agreed to, not allowed to shoot. Students under the age of 18 and shoot juvenile primary and secondary schools, there are strict restrictions on the media.
   On the celebrity's private life photo in American is absolutely violations of personal privacy, Zhang Ziyi and her boyfriend in the private beach picture is candid camera is this column. American the most famous was convicted of violation of privacy case is the Galella v. Jacqueline case. America former first lady Jia Kuilin remarried Greek ship queen, freelance photographer Galella using the telephoto lens photo Jia Kuilin in private residential pictures and the Kennedy children in private schools lens. Courts ruled that Galella constitutes a violation of personal privacy, decision Galella cannot close contact with Jia Kuilin, must maintain a 25 feet from the distance and Jia Kuilin, remain 30 feet away from Kennedy.
   Second, the media should not be published and revealed the personal behavior person. The relevant person in the news media published information should have news value, such as a female officer had an affair, she and her boyfriend went to play in the use of public funds. In this case, the male friend's information, the media can be related to the. But if this female service personnel AIDS from the boyfriend is infectious, usually the media should not be issued the boyfriend's information.
   Third, the false report constitute violations of personal privacy. In the Centrell v. Forest City Publishing C0., Forest City Publishing C0. case, America, a magazine published description of workers killed a bridge collapse accident in a report. The reporter interviewed the death of children of workers, but in the report was to interview the death of workers wife issued in the name of the news. American court ruled for the plaintiffs, and won an award of $60000.
   Fourth, the enterprise use of celebrity effect, graft and transplant, can also constitute violations of personal privacy. NBC late night talk show host Jonny Carson hosted the show from 1957, every night in the prologue is: "this is Jonny". In 1983, Michigan a mobile toilet company will be named the new product: "this is Jonny mobile toilet", and in the media advertising. Jonny brought the company to court, the court ruled that the company violated Jonny's right to privacy.
   America is a legal procedure in most countries, the mass media is no exception, are often subject to legal challenges, most notably the 1996, NBC was ordered to pay the plaintiff $10000000 because of the news reports on the libel.
   People in the mass media libel charges mainly to ensure that their reputation is not compromised, but the freedom of the press is protected by the constitution, how to maintain a balance between the two, American a series of case ruling basically clear the boundaries.
   Through the New York Times v. Sullivan Gertz v. case and Robert Welch case, for invasion of privacy and libel charges can be divided into three groups. One is the public service personnel (especially government officials), two are public figures, three is the common people.
   On the civil servants, basically is under the supervision of the mass media, in other words, the weakest of their privacy protection. America president, even the president of adult children, state governors, members of Congress and other private life, the media disclosure tend not to touch the personal privacy issues. The most famous example is the former president Clinton and Lu Vince scandal and George W. Bush's daughter not to the legal drinking age is drinking and drunk driving.
   Public officials such as the accused the media of libel, must be proven in court, the media that information is false, but still to be published; media serious dereliction of duty, whether the information is true or not remains to be published.
   For public figures, protection of the right of privacy has been introduced in the above photo, is the most obvious of invasion of privacy. For the protection of personal reputation, in court, the public figure that media is deliberately published errors and false news, but only to prove that the media published the news is false and untrue is hard to win the.
   For ordinary people, America laws provide a maximum range of privacy protection. Private houses (which of course includes public officials, public figures) without the owner agreed to outsiders, must not step. Even the police, such as no court issued a search warrant, nor can directly into homes.

   Maximum range of privacy protection given to the ordinary people's embodied in legal proceedings, the common people the libel charges up to the media, only need to prove in court, media news releases are false and untrue, media is the investigation to neglect the fact of news in the news.
   The blogger enlightenment: This is 2004 blogger in China official Seminar on the "USA mass media development trend of" Lecture Notes in an abstract, published today is changed, but did not join the lawsuit case new.