Analyzing Austrian Media Legislation from the System of Personality Right

PENG Guibing

Chinese Journal of Journalism & Communication ›› 2015, Vol. 37 ›› Issue (7) : 147-160.

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PDF(1754 KB)
Chinese Journal of Journalism & Communication ›› 2015, Vol. 37 ›› Issue (7) : 147-160.

Analyzing Austrian Media Legislation from the System of Personality Right

  • Peng Guibing, postdoctoral, assistant professor at the Humanities School, East China University of Political Science and Law, Email:pgb121@163.com.
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Abstract

The Press Act of 1922 and the Media Act of 1981 are two special laws on mass media in the 20th century Austrian history. If analyzing these two laws from the system of personality right, we’ll find that the 1922 Press Act hardly touched the personality right. On the contrary, the Media Act of 1981 established many detailed provisions concerning the personality right. This study interprets the reason why the 1922 Press Act didn’t involve the right of personality, and also analyzes personality tort defense and legal relief in the Media Act of 1981 and the link among the Media Act, the Civil Code and the Criminal Code. Pursuant to the above discussion, the study attempts to analyze the historical agents of incorporating the system of personality right into the Media Act, particularly emphasizing the influence of the European Convention on Human Rights.

Key words

Press Act / Media Act / system of personality right

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PENG Guibing. Analyzing Austrian Media Legislation from the System of Personality Right[J]. Chinese Journal of Journalism & Communication. 2015, 37(7): 147-160

Funding

This article is supported by the program funded by the Ministry of Education (No.:12YJA860028)
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