On the reporter, right basis , restrictions and safeguards
|School||Graduate School of the Chinese Academy of Social Sciences|
|Keywords||the right to interview basis restrictions guarantees|
In recent years, journalists’interviews are frequently intervened and conflictsbetween journalists and interviewees happen from time to time, thus come the debates on whetherjournalists have the right to interview. In the author’s opinion, “the right to interview”refers to theright of journalists who work for legal media organizations to discover objective facts that couldbe journalistic materials by accumulating relative information. From the angle of specific law,there are not special laws or rules stipulating journalists’right to interview, but according to theConstitution and relative laws and rules, the right to interview has its legislative basis. In addition,because of the society’s recognition and needs upon journalists’interviewing, the right tointerview is within the scope of customary rights. Legislative basis of the right to interview mainlycomes from free expressing of citizens and their right to know. Of course, all kinds of rights andfreedoms are relative and legal restrictions should be added upon journalists’right to interview, forinstance, national secrets and commercial secrets should be strictly reserved and people’s privacycould never be fringed upon. By analyzing scores of cases of illegal encroachment on journalists’right to interview, the author educes the main reasons why the right is frequently impinged, i.e. thereinforcement of consensus supervision, the devoidness of relative law and the variance of media’ssocial functions. Journalists’right to interview should be better guaranteed by improving thesystem protecting their rights, and journalists also should strengthen self-discipline and enhancetheir interviewing techniques in order to fully exert the social functions and supervising effects ofmedia and public opinions.