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性侵害犯罪新聞報導之法律界限問題-性侵害犯罪防治法第十條第一項相關理論及實務之研究
Journal article

性侵害犯罪新聞報導之法律界限問題-性侵害犯罪防治法第十條第一項相關理論及實務之研究

中正大學法學集刊, (12), pp.145-181
01/07/2003

Abstract

新聞自由;性侵害犯罪防治;媒體報導權;犯罪新聞報導;被害人保護;隱私權;人格權保護;被報導者權益;Freedom of the press;Sexual assault prevention;Right of media report;Crime news report;Victim protection;Right of privacy

In order to protect the victim by sexual violation crime from receiving second injuries, the Tenth article of the Sexual Assault Prevention Act stipulates that the populace news media must not report either name of the record violation event victim or other sufficiently distinguish information of the victim status unless provided with the written consent of the victim or as may be required by investigation of the crime. Violating the aforesaid stipulation will receive the administrative punishment. This stipulation executes from January 1997, the Sexual Assault Prevention Act announcement, until now. The solid service operation has had some disputes. This article sums up the cases of the hope lawsuit accepted by the Government Information Office in the recent five years and the cases prosecuting to the administrative court. The author selects the disputing legal matters among the cases to analyze and discuss, in the meantime to evaluate the correlation decision of the administration court. Trying to find out the limits to the media report right of the presses when they report the sexual violation crime news.

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