Traditional Culture Encyclopedia - Photography major - What are the reasons for news infringement?
What are the reasons for news infringement?
First, the content of news reports is inaccurate, which is the most important type of news infringement.
There are two main situations in which the contents of news reports are untrue: the first is that the basic facts in news works are untrue, that is, the "facts" in news works are inconsistent with the objective facts, which damages the reputation of the victims and constitutes infringement; The second is that the content reflected in news works is not comprehensive, and the content reflected is not all the facts, but part of the facts, that is, the main content and basic content derogate from the reputation of others, resulting in low social evaluation.
A reporter from a newspaper in Beijing did not interview the local police station and neighborhood Committee when reporting a suicide, but he said in his article that after interviewing the local police station and neighborhood Committee, he learned that the woman who fell from the building was a mental patient and was abused by her brother at home. After the article was published, the family of the deceased was very dissatisfied and took the report to court. After trial, Beijing No.1 Intermediate People's Court finally ruled that the newspaper should bear the tort liability, publicly apologize and compensate for the loss of 3,500 yuan.
Second, improper comments on news reports.
For the news media, public opinion supervision is their unshirkable responsibility. Criticizing and suggesting the affairs of state organs, state functionaries and public figures involving public interests through media reports can form a restraint and deterrent force for illegal acts, so that the supervised person can be encouraged, face up to his mistakes and further improve himself. Improper comments on news reports include two situations. One is that the reported facts are basically true, but insulting, abusive or other personal offensive words are used in language; Another situation is that news reports make random comments on objective facts, leading to derogatory social evaluation of others, which constitutes infringement. However, if the content of the report is basically true, only the words of individual comments are improperly expressed, and there is no content or language that insults others' personality, it cannot be considered as infringement.
A magazine was sued for publishing an article written by a Beijing writer, which used many derogatory words to another social celebrity. After trial by the court, it was found that the publication of this article by the magazine constituted an infringement on the reputation right of the famous person, and he was sentenced to apologize publicly and pay 5000 yuan for spiritual comfort.
Third, other media reports were reprinted without verification, and it was later confirmed that the reports were untrue, which constituted infringement.
For example, a newspaper in Beijing reprinted an online media report that an actor died of illness, but in fact the actor was filming in the crew. The actor was very angry and took the newspaper to court. The court finally ruled that the newspaper's behavior constituted an infringement of the actor's reputation right, publicly apologized to him, and compensated for the mental loss 1000 yuan.
Fourth, using photos that have nothing to do with the content of the report, or using photos without consent, constitutes infringement.
Beijing No.1 Intermediate People's Court tried such a dispute over portrait rights. Zhang, an old man in northern Shaanxi, was caught by a photographer who was collecting wind in northern Shaanxi when he was sunbathing at the entrance of the village. After the photo appeared on the cover of a magazine, the old man in northern Shaanxi sued the magazine and the photographer for violating the right to portrait. The court supported the lawsuit of the elderly in northern Shaanxi, and the elderly in northern Shaanxi finally succeeded in defending their rights.
Fifth, over-reporting or exposing others' privacy leads to infringement.
In order to pursue curiosity, attract readers, or expand influence and grandstanding, disclosing others' privacy in the media without others' consent and lowering their personality evaluation constitutes news infringement, or infringing on others' privacy through negligence. For example, a report is intended to praise someone's progress in work, but it exposes the stain that this person doesn't want people to know, and makes a comparison before and after. The intention is good, but it violates the privacy of others and constitutes infringement.
Sixth, praising news reports is also easy to cause news infringement.
The arbitrary promotion out of nothing did not improve the reputation of the parties, but caused social criticism and mental pain. Criticism may be divorced from truth, and praise may also be divorced from truth. Seriously inaccurate praise will damage the reputation of others and lead to infringement.
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