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从萨斯危机看新闻自由与保守国家秘密
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内容提要:萨斯危机让人们思考我国传媒为什么会在保护公众利益和保守国家秘密之间处于两难的境地。我国传媒早期没有报道萨斯危机,有其必然性。因为没有党政部门允许,传媒无法报道重大问题。传染病疫情统一发布的法律和法规使传媒无法报道。保密法使传媒常常很难自主报道。传媒报道自由得不到应有的保护。扩大传媒的报道自由的两条途径,一是减少行政干预,逐步做到法无禁止即自由,二是确立“公众利益可以作为抗辩理由”的原则。 关键词:萨斯 传媒 新闻自由 国家秘密 Abstract: The crisis of SARS urges people to think over the question why would Chinese media fall into a dilemma between protecting pubic benefit and keeping state secrets. It is inevitable for Chinese medias failing to report SARS in the early time, because without permission from the departments of the Party and government, the media cannot report significant issues. The laws and regulations which discipline an identical and authorized reporting on the situation of plagues makes the media fail to report. The Law on Keeping Secrets makes it difficult for the media to report on their own. The freedom of reporting is beyond the protection it deserves. Two approaches can broaden the freedom of reporting: one is to minimize administrative interferences so as to achieve the stage that no bans and prohibitions come from laws, i.e., the stage of freedom; the other is to set up the principle that public benefit can be served as defense against being charged.
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