I do not agree with your behavior, but I oath dead defence your privacy right

( "phoenix" life

Issue:2008-02-14 16: 34

Enclose for the amusement of Hong Kong, I always is only Kong avoid is not as good as; However, " this time gorgeous shine ", as if the snow calamity of south is the same, shop day cover land come , for some persons, have may be called a well-known set actually the festival of " spring ". " it is gorgeous to shine " some people that involve , I am to hear of for the first time; " so called gorgeous shine ", I also one has not seen, is " unclear truth ", " in Ming for ".

About " gorgeous shine ", now still have no legal conclusion , can only comment on based on reasonable assumption and deduction. It is some true portrayals of the artist private life of Hong Kong to suppose that it" is gorgeous to shine ", and is do not the person in " shine " permission spreads network. Set up if supposing , so " gorgeous shine " on network propagate without restraint, have intruded the personal privacy of involved party seriously.

Private matter is personal privacy, everybody identifies , but what is concerned with because of " gorgeous shine " have the artist of extensive popularity, they have undertaken the duty of the idol of the public, though, all do not agree with the privacy right of their complete deprivation sexual life , but have person to let more one know that is so called to settle pure idol , are actually sexual idol, want to resort to it to instruct " is very stupid, very innocent " person does not catch up star blindly, and regard turning by oneself to paste the gorgeous behavior that shines as " the justice of action for the public good moves ". This kind of opinion and practice are completely wrong.

For privacyThe Right to Privacy) limit to though have dispute, however individual Yin secret position and sexual life Yin secret as the important composition part of personal privacy right, get legal protection is should not , should also not have dispute. " it is not free , would rather die "; Is same, " no privacy right, would rather also die. "

Stipulate in the world Communication, family, house and the private life of any person must not be interfered wantonly, his honor and reputation must not be attacked. Everybody has right to enjoy legal protection , in order to avoid that get this kind of interference or attack. "

In which, the private life for person includes which content after all although has no clear speech, but legal sexual life gets legal protection as the important composition part of private life , is affirmed. Person Yin secret position places in in which, get same legal protection , is also necessary.

But in actual law enforcement, is not usually made2002Year Hong Kong " eastern weekly" naked shine incident, go through case people is eventually in order to propagate Yin Xie goods had been convicted , and have not mentioned that they have intruded the problem of the privacy right of human body in photograph. This police arrest issues and turns to paste " gorgeous shine " Yi criminal, is also also with propagation Yin Xie the charge of article.

Some artists" yellow/Their private life existence special/They are living really , still when holiday puts on a play. External world can only from propagation thing whether solicit artist to agree action whether intrude the standard of artist private life. For example, " this time gorgeous shine " incident, some persons think that this is intentional for Hong Kong to entertain to enclose to" rush down besides spring scenery", resorting to it speculative popularity, overlook or the serious injury of disregarding " gorgeous shine " for involved party.

Will protect privacy

When believe that it" is gorgeous to shine " the private life of involved party should get legal protection at the same time, I must say clearly, if involved party deliver behavior excessively to be actual , as this offend public decency behavior should get condemnation absolutely, certainly, it is morals condemnation, if do not break the law. It does not be the idol of teenagers only because of some artists in which , is to dare to have this action to move as the ordinary people in society, backbone has been thrust to break is also normal.

My one side raises a cry of warning the privacy

As if the freedom of speech of guardian at the same time, it is the same to again strictly forbid to slander other person wantonly. Protect privacy right and condemnation the private life that not examined is not contradictory. When legal protection privacy right at the same time, social morals have not yet returned house second line, the yardstick of morals is measuring any move of this everybody as before. Social morals do not hinder the privacy of person right, do not show morals looks but sees not for borrowing privacy right indulgence private life. Want inhuman do not know , unless Ji not is. If the involved party of " gorgeous shine " really makes have to catch cold the matter that melts , so even if " gorgeous shine " have not spread net, believe that can also know with other form broad characters.

Will prove that it is rotten that a person lives , colored day wine land, certainly wanting eye to see is really, picture or record picture can be the best evidence. But not definitely insist to have picture or record picture public is many, have especially been Yin Xie article person, can not absolutely propagate in front of public, because this does not intrude the privacy right of person only seriously , still causes bad influence for the healthy growth of teenagers.

Emphasize especially: For the private life of

Fu Er Tai has said the famous remark of the freedom of speech of a sentence defence: " I disagree that you say , but I swear to die to defend the right that you speak. " when this applies mechanically , " I do not agree with your behavior, but I oath dead defence your privacy right. "