The Application of Public Figure Defense Theory in a Local Context
The Public Figure Defense Theory advocates for a balance between the right to privacy and freedom of speech,sugges-ting that the mitigation of tort liability is possible when an infringement on a public figure's personal rights is claimed.Widely acknowl-edged by the academic community,Article 998 of the Civil Code is seen as a concrete manifestation of the the Public Figure Defense Theory in Chinese legal standards.Despite its introduction to China in early 1990s and application since 21st century,its practical im-plementation encounters several challenges,which is inclusive of the ambiguity surrounding the boundaries of privacy rights,the over-generalization of the category of public figures,the uncertainty of standards for judging public interest,and a departure from its original application to political figures.To address these issues,it is imperative to establish a clear baseline for privacy protection,narrow the theory's application scope,and revise the burden of proof in cases of privacy infringement involving public figures.Such measures are essential for the theory's effective adaptation and application in local judicial practice.
Public Figureright of privacytrue and malicious principlesdefense of public figureslocalization of the Public Figure Defense Theory
万方数据
维普
