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Author: Texas
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages :
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Author: Texas
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages :
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Book Description
Author: Lorenz Langer
Publisher: Cambridge University Press
ISBN: 1107039576
Category : Law
Languages : en
Pages : 491
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Book Description
Should offence to religions be punishable by law, or does freedom of expression extend even to blasphemy? This book examines this question.
Author: Article 19 (Organization)
Publisher:
ISBN: 9781902598253
Category : Freedom of information
Languages : en
Pages : 20
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Book Description
Author: Martin L. Newell
Publisher:
ISBN:
Category : Libel and slander
Languages : en
Pages : 1132
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Book Description
Author: Tarlach McGonagle
Publisher: Council of Europe
ISBN: 9287183473
Category : Political Science
Languages : en
Pages : 72
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Book Description
Freedom of expression and defamation: where do we draw the line? Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.
Author: Article 19 (Organization)
Publisher:
ISBN:
Category : Libel and slander
Languages : en
Pages : 78
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Author: Amy Kristin Sanders
Publisher:
ISBN:
Category :
Languages : en
Pages :
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ABSTRACT: By examining court cases in both federal and state courts throughout the United States, this study looks at how the courts are defining three components of defamation actions: community, harm and plaintiff status. This study examines defamation cases that have arisen both before and after the Internet became a popular medium of mass communication. For the most part, it appears courts are using the rules they crafted in cases before the Internet, with some modification, in the cases that have arisen during the Internet Age. In defining community and plaintiff status, some courts have begun to recognize the unique characteristics of the Internet--its appeal to the masses and global reach--which may provide the justification needed to craft rules specifically tailored for Internet defamation cases. Such advances have not been made in the area of harm, where the courts continue to apply the common law rules and constitutional mandates used in traditional print and broadcast defamation cases.
Author: Roy Baker
Publisher: Edward Elgar Publishing
ISBN: 0857939440
Category : Law
Languages : en
Pages : 358
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Book Description
'Because the law of defamation is about reputation and thus necessarily about community and social attitudes, Baker's serious empirical analysis of just those community and social attitudes about defamation and about reputation is a novel and important contribution to the literature on libel and slander. It will be a useful corrective to the various empirically unsupported assertions that dominate the court cases and the academic literature on the topic.' Frederick Schauer, University of Virginia, US 'This book shines a welcome light on a neglected area of defamation law: how juries and judges determine what it means to say a statement is defamatory. The author employs well-designed empirical research to provide concrete answers, and the reform he proposes is sensible and workable. The book should be must-reading for anyone who seeks to understand how the law does or does not protect reputation especially lawyers and judges who try libel cases.' David A. Anderson, University of Texas Law School, US 'When defamation jurors decide whether a statement about someone is "defamatory", the question for them to answer is whether it would generate disapproval among "ordinary reasonable people". It has generally been assumed that they answer this question correctly. What Roy Baker discovered through empirical research is that this assumption may often be wrong. This fascinating and important book sets out his findings, alongside a broad-ranging and perceptive analysis of the law's approach to defining "defamatory".' Michael Chesterman, The University of New South Wales, Australia 'This refreshingly original work is an essential addition to the libraries of all defamation aficionados. Through empirical evidence, including interviews with judges and practitioners, and surveys of the general public, Dr Baker convincingly demonstrates the human propensity to overestimate the negative effect that defamatory imputations may have on other people ("the third person effect"). The conventional "ordinary reasonable person" test becomes in practice an "ordinary unreasonable person" test, regrettably lowering the defamation threshold and further curtailing freedom of communication.' Michael Gillooly, The University of Western Australia The common law determines whether a publication is defamatory by considering how 'ordinary reasonable people' would respond to it. But how does the law work in practice? Who are these 'ordinary reasonable people' and what do they think? This book examines the psychology behind how judges, juries and lawyers decide what is defamatory. Drawing on a thorough examination of case law, as well as extensive empirical research, including surveys involving over 4,000 members of the general public, interviews with judges and legal practitioners and focus groups representing various sections of the community, this book concludes that the law reflects fundamental misperceptions about what people think and how they are influenced by the media. The result is that the law tends to operate so as to unfairly disadvantage publishers, thus contributing to defamation law's infamous 'chilling effect' on free speech. This unique and controversial book will appeal to judges, defamation law practitioners and scholars in various common law jurisdictions, media outlets, academics engaged in researching and teaching torts and media law, as well as those working within the disciplines of media or communications studies and psychology. Anyone concerned with the law's interaction with public opinion, as well as how people interpret the media will find much to interest them in this fascinating study.
Author: George Spencer Bower
Publisher:
ISBN:
Category : Libel and slander
Languages : en
Pages : 668
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Book Description
Author: Lawrence McNamara
Publisher: Oxford University Press
ISBN: 0199231451
Category : Law
Languages : en
Pages : 275
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Book Description
The proposition that the tort of defamation protects reputation has long been axiomatic in the law. The axiom's endurance is surprising: it has long been observed that the law is riddled with inconsistencies and, moreover, the courts and the scholarly literature have rarely discussed exactly what reputation is and how judgments about reputation are made. Reputation and Defamation develops a theory of reputation and uses it to analyze, evaluate and propose a revision of the law. It is the first book to present a comprehensive study of what reputation is, how it functions, and how it is and should be protected under the law. Reputation, it argues, is best understood in terms of the moral judgments a community makes about its members. Viewed in this way it becomes apparent, contrary to the legal orthodoxy, that defamation law did not really aim and function to protect reputation until the early nineteenth century. A revised legal framework is proposed. It re-thinks how and why different criteria for moral judgment should - or should not - be recognized when courts determine whether an attack on reputation will be actionable as defamation. It is argued that 'the right-thinking person' should be associated with an inclusive liberal premise of equal moral worth and a shared commitment to moral diversity. The proposed framework demands that when courts recognize values at odds with that premise then such recognition must be justified on sound and expressly stated ethical grounds. That demand serves to protect reputation appropriately and effectively in an age of moral diversity.
