Balancing Privacy and Free Speech ─ Unwanted Attention in the Age of Social Media

在智慧型手機、社群平台與即時影音盛行的時代，隱私與言論自由之間的界線愈發緊張。本書由Mark Tunick出發，透過美國、歐洲、英國與澳洲等地的重要判例，分析當科技讓個人受到不必要關注時，法律與倫理應如何回應。作者先釐清隱私與言論自由各自的價值，再建立衡量兩者衝突的分析框架，討論何謂正當的隱私利益、新聞價值與「被遺忘權」。學界書評肯定其案例選擇具代表性、比較法視角清楚，是理解當代隱私與言論自由議題的重要入門與參考。

• 比較法視角檢視隱私與言論衝突

• 以關鍵案例建構分析框架

• 適合法律與媒體研究讀者

In an age of smartphones, Facebook and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, Mark Tunick asks whether privacy interests can ever be weightier than society’s interest in free speech and access to information.

Taking a comparative and interdisciplinary approach, and drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling the extent to which information about us is disseminated. The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the US and Europe, and the debate about a ‘right to be forgotten’, Tunick discusses the potential costs of limiting free speech, and points to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing.

This book will be of great interest to students of privacy law, legal ethics, internet governance and media law in general.

Mark Tunick is Professor of Political Science at the Wilkes Honors College, Florida Atlantic University, where he teaches political theory and constitutional law. He has B.S. degrees in Political Science and Management from M.I.T. and his Ph.D. in Political Science from the University of California, Berkeley.