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defences of defamation
defamation practice essay answer l1
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“Defamation law is an ethical issue as much as it is a legal issue”
In the media, defaming is taken quite seriously, if an individual is caught in the act. There have been a number of cases where a media individual has defamed someone, for example, Kyle Sandilands’s on air rants – one case where he stated that, Magda Szubanski should be in a concentration camp because she is overweight. Defamation can be defined as the act of damaging the good reputation of an individual ei – slander (Law Hand Book, 2015). This essay will outline whether defamation law is an ethical issue as much as it is a legal issue. Firstly outlining what defamation means for the media industry in Australia, Secondly outlining defamation cases in the media, and then lastly concluding the statement.
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Individuals believe that they have been defamed if someone says a negative comment about their character. Each defamation case is based on facts, if the offender says something that is accurate about the person, it would not be held up in court; as the alleged defamation is true. If an individual believes they have been defamed there are certain steps they can do to prevent the case going to court. According to Law Stuff (2016), you can ask a person to take the defamatory statement down, if the information is published online; you can report the defamation incident to social media and ask them to take it down (Facebook, Twitter etc). A more serious option is to sue the individual who is responsible for defaming you, to sue the offender it has to be within one year of when they published the alleged defamation. To sue someone with a defamation case, the costs rise depending how long the case is. Most lawyers do a ‘no win no fee’, which helps the victim with minimal funds for the
Defamation is a tort action that has been widely recognized, nonetheless, it has only been within recent years, that the concept has been increasingly utilized in the employment context (Mcconnell, 2000, p. 78) . However, it is useful to first lay out the elements of the defamation tort as they occur in the employment setting. First, there must be a false, and defamatory statement. A statement is defamatory if it harms the employee's reputation or discourages others; such as potential employers, from wanting to have any contact with the employee. Second, the statement, be it written or oral, must be "published," that is, transmitted to a third party. Next, the defendant/employer must be responsible for the publication of the false and defamatory statement. Last, defamation damage to the plaintiff must occur; caused either by the statement itself, or by its actionable
Over recent years high profile cases have brought to the forefront, questions of ethics in journalism. The purpose of this thesis will be to investigate the significance and context of a past case in which a journalist and news organization engaged in questionable operations to report the news. The issue being discussed is the considerable attention gained by the local media for the negative role they played in the Sept 27th 1990 “Henry's Publick House” incident. This thesis will address ethical questions within journalism from the viewpoint of the news organization of this case study and their breach in ethics.
Gina Marchetti, in her essay "Action-Adventure as Ideology," argues that action- adventure films implicitly convey complex cultural messages regarding American values and the "white American status quo." She continues to say that all action-adventure movies have the same basic structure, including plot, theme, characterization, and iconography. As ideology, this film genre tacitly expresses social norms, values, and morals of its time. Marchetti's essay, written in 1989, applies to films such as Raiders of the Lost Ark and Rambo: First Blood II. However, action-adventure films today seem to be straying farther away from her generalizations about structure, reflecting new and different cultural norms in America. This changing ideology is depicted best in Oliver Stone's Natural Born Killers (1994), which defies nearly every concept Marchetti proposes about action-adventure films; and it sets the stage for a whole new viewpoint of action in the '90's.
The libel dispute had its beginning in 1985 when Falls was fired by Tom Barnidge, The Sporting News’ Editor. Upon firing Falls, Barnidge was quoted as saying “Mr. Falls no longer fit our image” (Falls v. The Sporting News Publishing Company, 1990). In addition to the first comment,
While everyone is entitled to his or her opinions, "slander" is also illegal. Slander is hurtful and damaging, especially in print. Tabloids will print untrue information about celebrities until the person in question sues the newspaper or magazine. It is this example of carelessness, however, that puts other communication by press in jeopardy. If enough lies are printed, we will surely lose our right to print at all.
Bang! Bang! Little children running and screaming; terrified that they are going to die. The shooter walks into the room heavily armed, with a crazed look in his eye. There’s a women near a closet and small group of 1st graders behind her. He starts to go toward the little room to finish what he started. Then the young woman steps in front of the unstable gunman to shield the students from harm. A fatal shot is fired and the young teacher lies dead. That woman was Victoria Soto, a hero in the Sandy Hook Shooting, who risked her life to save her students from that delusional man, Adam Lanza. The horrific incident that took place on December 14, 2012 took the innocent lives of 26 students and teachers. Lanza did have a mental illness, but that isn’t all to blame. The shooter was known to play and watch violent movie and games (Aliprandini and Finley). This shows that media violence can be linked to aggressive behavior and that violent media can affect the minds of some young children and teens. Studies in the past decade have helped prove that sometimes the media can be bad for kids. The outcome of playing first-person shooter games could end up in innocent lives dying like in Newtown.
The concept of Criminal Defamation is a hot piece of cake in front of the Supreme Court. To get an insight, we need to know “what defamation is?” Defamation is derived from a Latin word ‘Diffamare’ which means ‘Spreading evil report about someone’. It causes damage to another person’s reputation. Defamation occurred in spoken words or gestures is slander, whereas if done in written or printed form, it's libel. Defamation is punishable as a civil wrong under The Law of Tort and as a criminal wrong under sections 499 and 500 of The Indian Penal Code. Section 499 and 500 of IPC makes defamation punishable, with a maximum Imprisonment of two-year or with fine, or with both.
Law Provisions for Journalists Facing Defamation Cases The law of defamation exists to protect both the moral and professional reputation of the individual from unjustified attacks. The law tries to strike a balance between freedom of speech and a free press with the protection of an individual's reputation. Should journalists face defamation cases there are defences available. Justification is one of these defences, to use this defence the journalist must prove that what they have written is substantially true.
We, as human beings, cannot live without following some rules or guidelines in our lives so that we could be able to act in any situation. Ethics, a set of moral beliefs and principles, is one of the main guidelines that should be followed in life so that we would be able to know the difference between right/wrong and good/bad. The term ‘ethics’ is related to morality because it defines whether an action is considered moral or immoral. It was firstly discussed by Socrates, in one of Plato’s dialogues, by which he argued that a wise person would act based on knowing the right action that is good for him/her, while bad actions can only be done because of ignorance. Unfortunately, in some cases, is very controversial to differentiate between a
However, the free speech encouraged by the First Amendment will inevitably produce speech that is critical of those public figures who, by reason of their fame, shape events in areas of public concern. (Milkovich, 2703); (Hustler, 879). Their heightened position in society subjects them to “vehement, caustic, and sometimes unpleasant sharp attacks”. (Milkovich, 2703); (Hustler, 880). Courts have struggled to maintain the balance between the right to free speech and the right to redress attacks upon one’s reputation, and therefore limit what one can publish about a public figure by encouraging responsible journalism. (Hustler, 880); (West, 1014). The First Amendment embraces two concepts: the freedom to believe and the freedom to act. (Ballard, 886). American citizens are free to believe what they cannot prove; thus, one’s pure opinions are constitutionally protected from liability. (U.S. Const. amend. I); (Ballard, 886). Nevertheless, when a statement asserts facts, or opinions that imply facts, the publisher has a duty to verify these assertions before publishing them as true. (West,
What makes the Roadrunner and Coyote cartoons so funny and memorable? Of course, the explosions, hits and falls the Coyote takes while in pursuit of the Roadrunner. Pediatrics, a pediatrician read magazine, wrote an article on the influence violence, such as that in cartoons and other forms of media, has on children from ages 2-18 titled “Media Violence.” “Although recent school shootings have prompted politicians and the general public to focus their attention on the influence of media violence, the medical community has been concerned with this issue since the 1950s,” says American Academy of Pediatrics, the author of the article in November of 2001. The article calls for a need for all pediatricians to take a stand on violence in the media and help to make sure their patients are not influenced negatively mentally or physically by violence in the media, using multiple statistics from many publications. “Media Violence” fails to be persuasive, however, due to its failure to show any evidence that its statistics are true.
The Freedom of the Press, as granted by the First Amendment, allows the Press great privileges, only a few of which have been discussed in this paper. Regardless of the open scope of the topic, it is irrefutable that the Press enjoys a vast amount of power and freedom in what it can and cannot do, and what it does or doesn’t have a right to. The mere fact that the cases discussed above are 5 in favor of the press and 3 not in favor, whereas 3 of the 5 cases are defamation cases, reflects on the actual state of how free the press really is in the American society, and how important the First Amendment and its purpose is to the American way of life.
How free is freedom of the press in Canada? The freedom of press is guaranteed by Section 2 of the Canadian Charter of Rights and Freedoms: “Everyone [has] the fundamental freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication” (Media Law). However, Section 1 states that the fundamental freedoms in democracy can be limited for justifiable reasons: “The Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society” (Media Law). There are criminal and common laws on the provincial and federal levels which place legal restriction on how the press gathers and publishes information (Media Law). For example, there are criminal laws against trespassing and recording information (“Defamation on the Internet”). The essay will focus upon the law most relevant to freedom of the press issues, “defamation.”
Social media makes it easier than ever to make a defamatory statement. Twitter, Facebook and blogging websites allow you to “publish” any statement instantly, allowing thousands of people to read it. Some defamation cases are immediately dismissed by the court while others result in million dollar fees. The case of Clay Corporation v. Colter and Desert Palm Surgical Group v. Petta are examples of how serious defamation cases can be.
How much privacy of the individual is protected under the United States Constitution? Every one is entitled to the right of privacy, but to what extent is that privacy granted? Public figures are constantly being harassed and photographed by the media. Some photographers and reporters will go to any means, even illegal actions, to get a picture or story. However, public figures are human beings like everyone else, and the media should give them more privacy. The media needs to operate with more respect for both laws and for moral and ethical codes of conduct. There are laws establishing the privacy of an individual, and the media needs to extend these rights to public figures.