电视新闻报道中未成年人隐私权保护研究

发布时间：2018-12-08 20:30

【摘要】：联合国《儿童权利公约》于我国生效24载,然囿于中华几千年传统观念,未成年人隐私权保护仍处边缘化位置,相关理论研究亦显薄弱。而于变革迭起、风云激荡之新闻传媒领域,具备相对优势的电视新闻却并未在未成年人隐私权保护方面做到先进与妥当。鉴于此,探索电视新闻报道中未成人隐私权保护对于法学与新闻学的相关理论研究与具体实务均有重要意义。以往数千年时间里,华夏大地究竟是真的有着爱护儿童的悠久传统,还仅是父权至上冷酷观念中偶尔体现的一丝温情?此话题虽见仁见智,但长期以来儿童并无独立权利主体地位而仅被视为社会或家庭一部分的境地当无争议。然随社会进步,儿童权利愈发被关注与承认,儿童作独立权利主体之意识亦逐渐觉醒,《儿童权利公约》的“最大利益原则”于中国有了生根发展之土壤,并理应于保护儿童的法律法规和实践工作中得以体现和适用,电视新闻报道中的未成年人隐私权保护即当遵循此原则。未成年人身体未长成、心智未开启,故电视新闻报道中如欲以“最大利益原则”指导其隐私权保护,则必坚守媒体告知、隐私权人同意及媒体更严格保护三大原则以求对未成年人隐私权周全稳妥之保护。于此理论基础之上,我国当构建完善之制度,以法律与行业规范实现电视新闻报道中未成年人隐私权之保障。同时,通过赋予未成年人隐私权保护方面的独立诉权及设立未成年人隐私权独立诉讼中的程序监理人制度,为权利提供可行之救济。
[Abstract]:The United Nations Convention on the Rights of the Child (CRC) has been in force for 24 years in China. However, because of the traditional Chinese concept for thousands of years, the protection of minors' right to privacy is still marginalized, and the relevant theoretical research is also weak. However, in the field of news media, the relative advantage of TV news has not been advanced and appropriate in the protection of minors' right to privacy. In view of this, it is of great significance to explore the protection of the right to privacy in television news reports for the relevant theoretical research and practical practice of law and journalism. In the past thousands of years, the land of China really has a long tradition of caring for children, or is it just a touch of warmth occasionally reflected in the ruthless concept of patriarchal supremacy? Although there are different opinions on this topic, it is not disputed that children have no independent subject status and are only regarded as a part of society or family for a long time. However, with the progress of society, children's rights have been paid more and more attention to and recognized, and the awareness of children as independent subjects of rights has gradually awakened. The "principle of best interests" of the Convention on the Rights of the Child has taken root and developed in China. And should be in the protection of children in the laws and regulations and practical work can be reflected and applied, television news reports in the protection of the right to privacy of minors should follow this principle. Minors have not grown up physically and their minds have not been opened. Therefore, if television news reports want to use the "best interests principle" to guide their right to privacy protection, they must stick to the media informing them. Privacy consent and media more strict protection of the three principles to protect the privacy of minors. On the basis of this theory, our country should construct perfect system and realize the protection of minors' right of privacy in TV news reports by law and industry standard. At the same time, it can provide feasible relief for the right by endowing the independent litigation right in the protection of the right of privacy of the minor and establishing the system of the procedure supervisor in the independent lawsuit of the right of privacy of the minor.
【学位授予单位】：江西财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D998.2

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