Abstract The paper explores the law on defamation and insult in Japan and quotes many civil defamation cases. The paper focuses on the laws for defamation of public officials and then compares the defamation laws in Japan with those of the United States. The paper shows how the United States legitimized tolerance under law for each person and has more lenient defamation laws. Three cases in the US that set a nationwide defamation standard in the Supreme Court are also examined. The paper opines that, with time, the Japanese appellate courts may come to nurture freedom more positively than in the past.
From the Paper "Close to the center of the heart of humankind are a person's conscience and sense of honor. Each culture maintains a somewhat distinctive style of manifesting these concerns and its own balance between reliance on self-judgment and reliance on community judgment of an individual's conduct in solving universal problem of having the minimum necessary order and cohesion in society. To speak of an "Oriental concern for face" is not to speak appropriately of a concrete reality because "Oriental" is a dangerous abstraction from mind-boggling diversity and because "face" is a great concern in virtually all social cultures. (Inega, 1953, p. 253-255)"
Abstract This paper begins with a thorough definition of defamation law, and then, in order to illustrate the current position of the courts regarding both oral and written defamation, presents an analysis of three different court cases on defamation. The paper then continues with a discussion of the negative and detrimental aspects of defamation law.
From the Paper "The idea behind defamation law is very simple. If and when the reputation of an identifiable third person is lowered by the communication from one person to one or more person/persons and where the communicator has no legal defense it is called defamation. Balancing of the right of a person to protect his reputation with free speech is aimed at the formation of the defamation law. Defamation law is divided into two viz. oral and published. ?Comments or stories told at a party or meeting is called Oral defamation or "slander"?. 1. TV broadcasting or a newspaper article is published defamation also known as "libel". Libel defamation includes pictures and words also. Anything that badly affects the reputation of a person is defamatory."
Abstract This essay looks at the laws of defamation in the U.K. and the ways in which they inhibit a journalist's ability to publish stories which serve the public interest. It looks at all related legislation (U.K .and European) and legal processes involved in defamation cases, what defamation is, the defences available and different criticisms of the system.
Outline
Introduction
Money, Money, Money
Innocent Until Proven Guilty, Yet False Until Proven True
Other Defences
What Harm Did it Do?
Article 10 ? A New Hope?
Conclusion
From the Paper "Defamation is a strict-liability tort, that is a civil wrong for which damages can be claimed whereby it is not necessary to prove intent. There are two forms of defamation, slander, the spoken form, and libel, the permanent form which includes statements made in radio and television broadcasts (under the Broadcasting Act 1990) and in a staged play (under the Theatre Act 1968) A statement is considered to be defamatory if it lowers a person in the estimation of right thinking members of society, disparages them in their profession or calling, causes them to be shunned or avoided or exposes them to hatred, ridicule or contempt."
Discusses the ethical assessment of the use of alar pesticide, e-coli outbreaks, the Oprah Winfrey defamation case, state laws, social responsibility and theories.
1,800 words (approx. 7.2 pages), 10 sources, 1999, $ 63.95
Abstract Several years ago, the public affairs and news television program "60 Minutes" on the Columbia Broadcasting System (CBS) televised a segment concerning the use of the pesticide Alar on apples by producers in the State of Washington. The implication of the report, if not directly charged in the presentation, was that the pesticide could be dangerous to human health and that the apple producers had failed to warn consumers.
From the Paper "AGRICULTURAL PRODUCTS DEFAMATION LAWS: AN ETHICAL ASSESSMENT
Introduction
This research examines agricultural products defamation laws. These laws are assessed from an ethical basis.
Development of the Issue
Several years ago, the public affairs and news television program "60 Minutes" on the Columbia Broadcasting System (CBS) televised a segment concerning the use of the pesticide Alar on apples by producers in the State of Washington. The implication of the report, if not directly charged in the presentation, was that the pesticide could be dangerous to human health and that the apple producers had failed to warn consumers. Apple sales did suffer in the wake of the telecast of the segment on "60 Minutes." The apple producers in the State of Washington ..."
Abstract This paper argues the the flag is one of most important symbols of America, and as such, should be protected from anyone who seeks to defame, or destroy it in any way.
From the paper:
"I believe that with the burning of the flag, the symbol of our country and its constitution, you are saying that you don?t believe in what its stands for. Therefore, you are rejecting the very principles of our country and its constitution since the flag and the constitution are so closely tied together."
Tags: flags, patriotism, usa, law, symbol, nation, constitution, defacement
From the Paper "The Civil Rights Movement in its contemporary form started in 1955 with an act of mild disobedience by a black woman on a bus in the Deep South. Black leaders developed several strategies over the next few years, strategies that would be successful in changing laws and in getting some of the long-standing discriminatory institutions of the South changed. Between 1954 and 1965, the Civil Rights Movement developed into a major movement for social justice, societal change, and self-determination for millions of black Americans. The tactics undertaken by the movement have ranged from violent to non-violent, with non-violent predominating under the direction of Martin Luther King Jr. and his followers. The white establishment did not merely sit back and watch as leaders like King changed race relations in America, and as has been revealed..."
Examines evolution of the law defining & affecting public figures in defamation suits. Examples, court decisions, voluntary vs. involuntary involvement, malice and impact on professionals in public.
4,275 words (approx. 17.1 pages), 37 sources, 1997, $ 135.95
From the Paper "The Public Figure Doctrine and Professionals
This paper will examine the development of the public figure doctrine in defamation cases and discuss the application of this doctrine to professionals, particularly attorneys and teachers. The first part of the paper will focus upon the historical development of the public figure doctrine, looking at the evolution of the doctrine in the U.S. Supreme Court. The second part of the paper will examine how lower courts have handled the doctrine, particularly in light of the vagueness of the Supreme Court's guidelines. The third part of the paper will discuss how the doctrine has been applied in cases involving professionals. This section will especially address the question of whether a professional is more likely than another person to be considered a public figure."
From the Paper "Defamation in the Area of Entertainment Law
This paper will examine the development of the public figure doctrine in defamation cases and discuss the application of this doctrine to the area of entertainment law. The first part of the paper will focus upon the historical development of the public figure doctrine, looking at the evolution of the doctrine in the United States Supreme Court. The second part of the paper will examine how lower courts have handled the doctrine, particularly in light of the vagueness of the Supreme Court's guidelines. The paper will also discuss how the defamation and libel laws have been applied in cases involving celebrities such as Elizabeth Taylor, Carol Burnett and Carroll O'Connor. This section will also specifically address the question of whether a plaintiff needs to prove actual malice to prevail in a defamation lawsuit and the .."
From the Paper "Television is a mass medium with a particularly intrusive personality. It comes into the home and changes the lives of the people viewing it, changing the way they live, the activities in which they engage, and the products they buy. Children watch a great deal of television, and they are affected by what they watch. Since the 1950s, various controversies have swirled around television, from the quiz show scandals to the recent flap over NBC setting fire to GM trucks to show how dangerous they were. Television has become the target of a number of advocacy groups which see how important a role television plays and believe that television as present constituted is not fulfilling its role. The power of these groups varies greatly, and, with new technologies altering how television is received in the home, these groups have found all the more reason to protest what they..."
Abstract The paper discusses the rights of employers' to monitor employees at work by intercepting emails and phone calls. It further considers the problems associated with such monitoring.
Outline
Introduction
Monitoring - Species of What?
Monitoring - Why?
Surveillance of Email and Internet
Telecommunications and CCTV Monitoring
Data Protection
Employee Surveillance and ECHR and Human Rights Act Defamation Employee Monitoring - Private Rights and Public Policy
Conclusion
From the Paper "Over the last few years, software packages have made electronic performance monitoring possible ; employers are able to use more sophisticated techniques to monitor their subordinate employees. Commonly used is the "telephone tap". Numerous recorded messages inform us that our calls may be "monitored and or recorded". Often to safeguard employees and also to protect the employers own interests as well as clients' but also for training purposes. However, many employers have ulterior motives behind their ability to monitor and record calls."
Abstract This paper explains that the defenders of non-proprietary software, as opposed to Microsoft's proprietary model, might state that a Microsoft code of ethics is an oxymoron, given the company's perceived rapacity and market dominance, but the Microsoft Corporation does have a formal, published ethical code, which is accessible and formally defined. The author points out that the business code of ethics denies any anti-trust violations without mentioning the lawsuit, states why the Internet browser was wrongly defamed, and does not indicate anything specific as to how the company is achieving anti-trust compliance now. The paper states that the dominance of the firm in the market structure may be socially irresponsible, needlessly gouging consumers, and acting unfairly against rival firms; for a business to be socially responsible, it must fulfill its obligations to its employees, shareholders, consumers, and to the community where it operates at large.
From the Paper "Microsoft's code of ethics applies to company software development, the legal and financial compliance of all the various national and international facets of its business dealings, and underlines its fair treatment of employees and customers. It is sweeping in its manifesto, but so sweeping it is inclined to be vague. Other than stressing Microsoft's compliance with laws, it is short on specifics as to how these compliances are achieved."
Tags: oxymoron, accessible, antitrust, employees, community
Abstract This paper outlines the life of pop superstar Michael Jackson from his beginnings as part of "The Jackson 5" to his superstar status of today. It looks at how although he has been dubbed many things from "The King of Pop" to "Wacko Jacko" and child molester, there is, however, one title Michael Jackson holds that no one can disavow: The record holder for the best-selling album of all time. It attempts to show how despite all of the defamation he has endured, Michael Jackson remains one of the greatest performers ever to grace the stage.
From the Paper "Jackie, Tito, and Jermaine formed a group with two neighborhood kids under the focused direction of Joe. The group was known as "The Jackson Brothers", and in 1964, Michael and Marlon joined the group, singing and playing percussion. The group became known as "The Jackson 5" in 1966, and by the next year, 8 year-old Michael was its lead singer. The Jackson 5 would have some success in the following years touring what was known as "the chitlin' circuit" of the Midwest, the venues that catered to African-American acts during the days of segregation. The group landed a recording contract in 1967 with Steeltown, and recorded their first regional hit with "Big Boy" the next year. When Rhythm and Blues legend Gladys Knight discovered the Jackson 5, she introduced their sound to Motown Records president Berry Gordy."
Abstract As colleges struggle to handle the various differences their students and faculty embody, the problem of "hate speech" has become a focal point of educational erudition and policy-making. The paper shows that in the most deliberate and alarming cases, hate speech is projected to degrade or disgrace those at whom it is directed, usually colored people, gays, lesbians, the physically or mentally challenged and women, regardless of their sexual orientation, race, religion or ability. This essay discusses the current dominant structure within which the matter of hate speech is being debated. This structure draws heavily on the discussion of the Fourteenth and the First Amendments, which in the author's opinion, are not adequate to cope with the issue of hate speech. There is a pressing need for extra-legal standards for communicative interaction to handle this sensitive issue.
From the Paper "Those discussing the hate speech on college campuses often support either the Fourteenth or the First Amendments, depending on their political preferences. Fourteenth Amendment advocates the value of "equal protection" while the First Amendment supports "freedom of speech". Due to this general tendency to rely more and more on various laws, it is not unexpected that hate speech should also be conceived legalistically."
Abstract This paper states that employees have no rights to privacy regarding their use of the internet and the telephone while at the work place. The author points out that employers have the right to monitor these activities. The paper relates that the employer has the right to monitor the employee's work by use of software that counts keystrokes.
From the Paper "According to Joanne Freeman in "O.C. Metro", irrespective of what rights America's employees may believe they have in the workplace, they have little or no right to privacy. Generally speaking employers can monitor incoming as well as outgoing emails, telephone calls, Internet use and the data stored on workstation hard drives. In addition, employers can use computer software to monitor the amount of work performed by workers including counting the number of keystrokes performed per hour and the number of calls placed or answered."
Tags: privacy rights, employers rights, monitoring of employees, defamation, invasion of privacy, employee handbook
Abstract The paper explains how the Holocaust denial theory is unique in that it forces its proponents to denounce a veritable monolith of hard evidence that runs contrary to its central claims. The five primary pillars of Holocaust denial theory are explored and ultimately discarded amidst a convergence of evidence that the Holocaust did, tragically, take place.
From the Paper "There is a burden of proof that every historian must bear and it is in many respects one's ability to authenticate an historical event with hard data and incontrovertible fact that will validate one's analysis of the past. Old Testament accounts, for example, often at times discuss characters and events that are only to be found in the Old Testament itself. Archaeology has done little to verify claims that, for instance, men such as Solomon or Abraham ever actually existed."
Tags: Holocaust denial theory, Nazi Germany, Adolph Hitler, The Holocaust, Anti-Defamation League, Jewish Defense League
