Balancing Between Individual Image Privacy and Freedom of the Press

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Balancing Between Individual Image Privacy and
Freedom of the Press
- Analyses of Von Hannover and Peck and Taiwanese
Perspectives
Photographing individual and using of individual
image from surveillance videotapes involve the
protection, conflict and balance between right to
privacy and freedom of the press. Firstly, this
essay compares rules of rights between the ECHR
and Taiwanese Constitution to provide basis for
discussions on individual cases. Secondly, it
provides analyses on Von Hannover, which focuses
on balancing between private life and freedom of
the press. Thirdly, it further examines Peck,
reviewing the method and boundary administrative
authorities and the media may use individual
image. Its fourth part probes into Taiwanese
laws, and offers suggestions for amendments. The
last part provides conclusions. It is argued
that, because there has been no particular
provision in the Taiwanese Constitution to
protect right to privacy. It is suggested that
future constitutional amendments should include
right to privacy and take the two judgments
examined as model, Taiwanese laws can be changed
or inserted confirming governments positive
obligation to protect privacy, directing the ways
of media management laws, extending the powers of
the NCC, providing the system of injunction and
clarifying the ambit of right to privacy. Fort
Fu-Te Liao, Chengchi Law Review, Institutum
Iurisprudentiae
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Balancing Between Individual Image Privacy and
Freedom of the Press
- Analyses of Von Hannover and Peck and Taiwanese
Perspectives
Also in Fort Fu-Te Liao, Essays of Human Rights
Law (Angle Publisher, 2007), pp. 79-136.