Compare Law Of Defamation In Us And Britain Media Essay

Compare Law Of Defamation In Us And Britain Media Essay Introduction The purpose of this report is to compare the law of defamation in the United States and the United Kingdom. Considering the defense is open to a journalist accused of libel, an analysis will be given as to which system better serve society. In considering a comparison of defamation law in the United States and the United Kingdom, it is useful to consider points of advantage and disadvantage. An assessment of the advantages and disadvantages will help to demonstrate which system better serve society. An overall assessment shows that, while the United States may have disadvantages associated with the defamation law system, the British system has many glaring problems that undermine free speech and equity. This means that the British system does not serve society better. Such analysis will be supported by referring to the sources of free speech guarantees, which in the US are guaranteed by the Constitution, the burden of proof, which in the US wife with the plaintiff, and the cost and ease of access, which in Britain is a situation that has spiraled out of control. Sources of Free Speech Guarantees In critically investigating the advantages of defamation law in the United States for journalists, Crook (2010) indicates that the existence of the First Amendment is advantages for journalists, a point well voiced by other legal practitioners (Meiklejohn, 1961; Byrne, 1989). The reason why is because it guarantees them, through the Constitution, the right of free speech. This means both at the federal level or otherwise cannot block the freedom of speech and that is the fundamental guarantee. In America, the case that sets the constitutional principles for libel is the case of New York Times versus Sullivan (Crook, 2010). Because of the constitutional right of the freedom of expression in the United States, there is more of a positive culture for the freedom of expression (Crook, 2010, p. 237), a perspective again voiced by other writers like Fiss (1988) who said the freedom of speech amendment to the constitution defines we America is as a nation. Indeed, there is more room given t o the rights of the freedom of the press as a result, among other advantages. In the United Kingdom, there are not a constitutional principles established. In other words, in the UK, there are not any constitutional provisions on free speech law like the United States. Crook (2005) explains the reason for this being is because the UK does not have a federal legal system or Constitution. As well, the UK is subject to unique forces like the European Court and the European communities. Still, the legal framework with regard to the freedom of speech and United Kingdom is found in the rulings of Reynolds versus Times and Turkington v Times. Burden of Proof Another advantage of the defamation law within the United States is the burden of proof for journalists is on the plaintiff. The evidence the US plaintiff has to present during cases of defamation includes the following. In particular, a U.S. plaintiff has to prove that the communication was executed to purposely injure reputation, that the message is false and publish to a third-party (Watts, 2004). Further, if the definition is associated with public officials or in the interests of the public, the requirements extend further. In such cases, the US plaintiff will have to prove actual malice and negligence (Crook, 2010). This is not the case in the United Kingdom where the burden of proof is said to lay with the defendant. With the burden of proof lying on the defendant rather than the plaintiffs, such the underlying assumption is that any offending speech has the potential to be untrue and the writer or author has to prove that it is true (Crook, 2010). Again, this is in contrast to the United States where, in order to succeed, the plaintiffs have to prove this speech is false and has been published with a disregard for the truth. The thoughts of the disadvantages because, when compared with the United States system, the plaintiff is in charge of providing evidence of an injury to reputation. Costs and Ease of Access Another disadvantage that has been associated with the defamation law for UK journalists are the costs involved. Crook (2010) documents the fact that attempting to defend against libel is way expensive, and as a result those who are able to defend against any attacks on reputation or against libel are generally those who are more powerful or who are wealthier in society. As a related concern, there has also been in the documentation of substantial awards of damages, and the amount of awards that are given are thought to heighten the risks associated with defending against libel actions and place on pressure journalists to settle even if they have a chance of winning the case. The situation is not helped by the introduction of what are called contingency agreements and conditional fee agreements, abbreviated CFA, which means more people are able to sue in cases of libel (Crook, 2010). Thus, the amount of damages awarded, the costs involved, and the lack of barriers, present a disadvan tages situation, and these issues are further explored in the paragraphs that follow. Indeed, some statistics are instructive in pertaining a picture of the current situation as pertaining to costs and restrictions on speech. According to the Libel Reform campaign (Libel Reform, 2010), more than 30% of editors supported medical and scientific journals say they have been threatened with libel more than 40% have been asked to change the articles to protect from libel, and more than a third have an his work from journalists because of the fear of libel action. Moreover, the report, Free Speech Is Not For Sale, has also documented a long list of criticisms against the wealthy in society as the report documents how those who are in power have filed their suit in London because of the fact that 90% of such cases are usually won by claimant (The Guardian, 2010). The total costs have been documented to be above more than 1,000,000 pounds, 140 times more than the little cases that are held in the mainland of Europe (The Guardian, 2010). Because journalists and scientists are n ot able to afford such extraordinary costs, they usually end up withdrawing their comments, apologizing to publish material that they believe true information and are important to contributing to an informed public debate on issues that matter to society (BeVier, 1980). There are efforts for change in place. In 2009, the Justice Secretary in Britain, Jack straw, indicated the introduction of the government plans to reduce the fees to launch defamation cases so as to make the system more equitable (Mulholland, 2009). If such reforms are implemented, this will represent an important step forward in making the British system more equitable because the press is a vital element of democracy (Shiner, 2008). According to the media and legal literature (Petrova 2008), the press serves the function of informing the public and providing information that enables them to make choices as good citizens (Dahlberg, 2001). Therefore, being able to publish information and not restrict the freedom of expression is seen as being a critical component of democracy but presently this situation constrained in Britain because of the libel law (Loper, 1974; Hensley, 2001). Lord McNally Justice Minister of the United Kingdom has raised this concern recently. McNally indicated the urgent need to allow different forms of journalism or scientific research be able to be published without the fear of unfounded, lengthy and costly defamation and little cases being brought against them (Sweney, 2010, p. 1). However, to achieve this, the government as well as the justice minister is of the belief that what it requires is to reform the UK law on defamation to strike a balance between freedom of expression and the protection of reputation (Sweney, 2010, p. 1). Attempting to achieve this balance is very typical in considering the present system where costs are extremely high and where awards serve as a deterrent to achieving justice in the system. Moreover, there has been a great deal of discussion regarding the ease of launching a lawsuit in Britain and how the rich are involved in it (Lahlou, 2009). In fact, it has led to what is called libel tourism (Howard, 2008). With the term refers to is instances in which a company operating in for example Iceland complains about a newspaper that published information in Denmark, and then a London lawyer will be called to handle the case, and the court is held in Britain (Carvaja, 2008). One report launched, called Free Speech Is Not For Sale, showed how dangerous the law of defamation is in this respect (Libel Reform, 2010). According to the English law for example, any writer who contributes to blogs or journalists, can be sued in London irrespective of where they live or work and regardless of where the blog was published (The Guardian, 2010). This means that citizens in America or a citizen of Russia can be sued in Britain who are exercising their right of free speech in their own country. Obviously, this is a system that is not in the interest of free speech and is not in the interests of equity. The situation described above is not just theoretical. Many cases have resulted from libel tourism. The disadvantages stemming from the system in the UK can be seen in the case of writer, racial Ehrenfeld, who published a book about a Saudi billionaire entrepreneur and accused the entrepreneur of providing financial support to Islamic terrorist groups (Carvaja, 2008). Although the book was not published in Britain, only copies of the book had been purchased their online, the judge in the case ruled that the writer had to pay more than $200,000 and apologize for the allegations in the book as well as destroy existing copies of it. (Carvaja, 2008) The outcome of this particular case has not only affected the writer in question but is also affected other publishers because they are now afraid, according to Ehrenfeld, to publish information about potential terrorist or Saudi financiers even if the evidence is there. So because of the way the burden of proof operates, this can have an eff ect on limiting the amount of free speech. Globalization does not ease the burden on journalists. Because of globalization, where telecommunications are increasing the amount of information dispersal and access, the potential to sue in Britain is increased all around. For example, a television network that is based in Dubai and broadcast in Arabic was sued by a businessman in Tanzania who was disputing against allegations to ties to a terrorist group in a British court (Ungoed-Thomas Gillard, 2009). The British court was involved because the program was accessible through a satellite in Britain. The man from Tunisian was awarded more than $160,000 (Ungoed-Thomas Gillard, 2009). In the United States, there have been some legislative protections passed to protect U.S. journalists from the British system. New York State implemented the libel terrorism prevention act (Carvaja, 2008). The law that has been passed in New York is important for many reasons, one of which is that it helps to provide protection for her journalists to publish information. Essentially, what the Bill has done is to declare any judgments that may be made with regard to a US journalist unenforceable unless the country that is deciding on the case has free speech protections that are similar to the United States Constitutions First Amendment (Libel Reform, 2010). British citizens are not much happier with the current system, either. In fact, there is even a campaign that has been ongoing for some time, which can be found on libelreform.org (Libel Reform, 2010), and is urging individuals as well as politicians and businesses to reform libel laws. Those participating on the reform campaign see the system as unjust because it enables too many individuals to launch cases and silent claims that others do not agree with. This is not to say the system in the U.S. is perfect. For example, in the past there have been cases in which, in the United States, companies have open suits of commercial defamation when journalists have listed companies among those who face bankruptcy risk. Hertz did this by suing a journalist publishing information about Hertz, questioning its financial performance (Starkman, 2009). This brings up issues of whether those involved in market research and other research firms can criticize a company that is publicly listed without fearing defamation claims. The issue also demonstrate how commercial and publicly listed companies have involved federal courts to punish those who speak out on company performance ((Starkman, 2009). The issue is disturbing because it shows an abuse of the system as it pertains to defamation law, and it also undermines the freedom of speech, while bringing up very disturbing implications about what is journalists can publish about companies obviously, hav ing access to accurate information about company performance is something that should be able to be published (Crook, 2010). However, in the end, it appears the system in Britain presents far more concerns and undermines democracy. Conclusion The purpose of this report was to compare the law of defamation in the United States and the United Kingdom to determine which system serves society better. In considering the defamation law in the United States and the United Kingdom, one could conclude that the system in the United States is better. The reason why is mainly because in Britain there are too many ways for journalists to be sued and it compromises free speech guarantees. In contrast, in America, such are solely rooted in the foundations of the country. To be sure, this does not mean that the system in the United States is without flaw. But from the perspective of the present writer, it does appear that the system in the United States is better serve society than the system in the United Kingdom because in the UK so many people can be sued and it serves the rich better. This undermines equity and undermines free speech. Such analysis may coincide with others who have criticized the British system; even the Minister for Justice, Lord McNally, has indicated that the libel law in England is not fit for purpose and is striving throughout his career in the justice system to reform the system (Libel Reform: Justice Minister tells campaigners libel law à ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€¦Ã¢â‚¬Å"is not fit for purposeà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ã‚ , 2010).

Hathaway’s Poetry Essay

William Hathaway is a combat war veteran who has written many novels regarding war and men (Rommel). He usually takes mature and intimate subjects and topics. However, one of his poems entitled â€Å"Oh, Oh† catches none of these ideas. This is what makes the poem different. Instead of the usual subjects, Hathaway tackles a very childlike mirth in this poem. Although the use of words is quite complex and thought-provoking, the poem speaks of the young love blooming in the midst of a created world. This passionate poem with its rich imagery is an elegant example of two figures of speech, namely, irony and onomatopoeia. The imagery constructed by Hathaway in the poem is evident in many of the descriptions he has used. In the poem, through the use of diction and tone, the poet expresses the loving emotion that he feels towards his girl. He tries to take hold of the precious moment where he and his girl are alone in a field of grass. Furthermore, images of their dreams are also illustrated vividly. This was done by the use of the train and the railroad. As the train nears them, the dream of him being president fills the moment. The connection between the man and the girl is also established by the girl’s agreement to the dream, even adding, â€Å"and me first lady† (Hathaway 574). The relationship thus exhibited by the pair seems to deepen more as the passing train travels farther. Another very good method of enriching the imagery of the poem is actually evident on the poem’s title. Analyzing the title, it gives an impression of a calm and yet emotional air during the moment. Although the passing train is somewhat fast and the moment is short-lived, the poet effectively slows down the ticking of the clock due to the way he uses words that linger into the reader’s mind. For this reason, the author paints a nice image of the scene. One of the tools that made the poem’s imagery successfully depicted is the author’s use of different figures of speech. One of them is the onomatopoeia which is very obvious in most of the lines. In the first place, onomatopoeia is a figure of speech where imitation of natural sounds by words is employed (Microsoft Encarta). As can be seen from the title, the poem is seemingly full of onomatopoeic words. One such instance is the line, â€Å"moocows chomping daisies† (Hathaway 574). The animals were described by the use of the sounds they make, thus, creating a more vivid image as if the reader hears the natural sounds at that moment himself. Another such example is exhibited by â€Å"the choo-choos light† where the poet tries to let the reader hear the coming of the train with that sound characteristic of the train (Hathaway 574). As can be observed, although the poet did not really used the word train, it was already understood as such. What makes it different is that it gives a childlike touch to the poem. This effort is a good way of implying that the lovers are in their youthful years. The overall effect of the deliberate use of onomatopoeic verses thus gives the youthful spring to the poem. Besides the use of onomatopoeia, the author also uses the figure of speech known as irony. In this type, also known as paradox, the author tries to articulate contradicting ideas to drive a point or portray different images (Microsoft Encarta). Interestingly, the author does not actually use irony literally. Instead, the kind of irony used in the poem is that of situational irony, that means, there are two images that are depicted which complementarily contrast each other. This can be clearly explained by looking at the two circumstances that are represented in the poem. The first of the two images is that of nature. As can be seen from the opening verses of the poem, the author narrates the image of nature in grassland. He even tried to include grazing animals in his narration. Thus, the image is rendered as a natural environment where the living creatures such as â€Å"the moocows chomping daises† and the â€Å"grass stems† are thriving (Hathaway 574). On the other hand, the other image is that of the created world. This man-made image includes that of the rail road, the train and even those â€Å"Hells Angels† mentioned in the poem (Hathaway 574). All these things are created in the mechanical world of man, thus setting an unnatural environment. This mechanical image is the opposite image of the natural surrounding describe earlier. Therefore, such mechanical image and natural surrounding is a utilization of irony. What makes it more interesting is that the young couple seems to bridge these two images. The â€Å"arm waves to us from the black window† is a connection between these two contrasting images (Hathaway 574). The use of figures of speech in the poem makes its richer literary content. It gives an impression that the author played with appropriate words to create a youthful touch to the whole piece. The thing that sets the poem apart is its stillness in the midst of a fast-passing moment. The imagery was a masterpiece mainly contributed by the use of two figures of speech, specifically, onomatopoeia and irony. Using these classic tools of poetry, the author creates a poem full of emotion and passion.

situational analysis - 6489 Words

SITUATIONAL ANALYSIS OF ENVIRONMENTAL PRACTICES AT CAMP SITES IN SOUTHERN JORDAN FOR THE PROPOSED CAMP SITE ECOLOGICAL STANDARDS FINAL REPORT PUBLIC ACTION FOR WATER, ENERGY AND ENVIRONMENT PROJECT PROSPERITY, LIVELIHOODS AND CONSERVING ECOSYSTEMS (PLACE) IQC TASK ORDER #5 Report no. 13 Ju n e 2011 Th is r ep o r t w as p r o d u ced f o r r eview b y t h e Un it ed St at es Ag en cy f o r In t er n at io n al Develo p m en t . It w as p r ep ar ed b y ECODIT f o r Public Action Project for Water, Energy and Environment project, Task Or d er No . EPP-I-05-06-00010-00. AUTHORITY Prepared for USAID/Jordan under Prosperity, Livelihoods and Conserving Ecosystems (PLACE) Indefinite Quantity Contract number†¦show more content†¦USAID/Jordan 2011 - Final Report on SITUATIONAL ANALYSIS OF ENVIRONMENTAL PRACTICES AT CAMPSITES IN SOUTHERN JORDAN FOR THE PROPOSED CAMPSITES ECOLOGICAL STANDARDS PAGE II TABLE OF CONTENTS AUTHORITY ............................................................................................................ I PREFACE ................................................................................................................. II TABLE OF CONTENTS................................................................................. III 1.0 INTRODUCTION ...................................................................................... 1 1.1 STATEMENT OF NEEDS ...................................................................................................... 1 1.2 TRIP OBJECTIVES ............................................................................................................. 2 1.3 TEAM MEMEBERS ............................................................................................................ 2 2.0 METHODOLOGY ..................................................................................... 3 2.1 FIELD OBSERVATIONS ...................................................................................................... 3 2.2 INFORMATION GATHERED FROM FIELD MEETINGS:Show MoreRelatedSituational Analysis1169 Words   |  5 PagesSituational Analysis University of Phoenix STR/GM581 International Strategic Planning Implementation Steven Hall Situational Analysis IKEA is a global home-furnishing retailer founded in 1943. â€Å"In 2008, IKEA had 253 stores in 24 countries plus 32 stores owned by franchisees and 20 stores expecting to open in 2009† (The Times 100, 2009, p. 1). 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A Brief Note On The Movement And Exchange Of Goods,...

Globalism is the movement and exchange of goods, services and ideas between different parts of the world. It is a term used to describe the process going on in the world in which people from all over the world are unified into a single society and function together. This term is often used to refer to economic globalization: the integration of national economies into the international economy through trade, foreign direct investment, capital flows, migration, and the spread of technology. Globalism has brought some benefits and problems. Some of the advantages are: cheaper products for consumers, integration of markets, leads to outsourcing in some cases which can lead to job losses (moving call centers to India), lowering of international†¦show more content†¦The BPO successful in India is due to cheap labor cost and especially because of the skilled and talented Indian people. Indian BPO companies offer varied services. For example customer support, technical support, tele marketing, insurance process and more. A particular industry that has been instrumental in the growth of the Indian economy is IT. The IT industry, Information Technology is regarded as a hub of innovators providing world class technology solutions across the globe. It is a key part of India’s economy. India Call Center emerged in early twenty-first century and companies from diverse developed countries brought their operations to India, purely to drive efficiency. The call center operations help the companies not only to substantially improve the profit margins but also to concentrate on core businesses and to become more productive. Today, having the call centers in India makes business sense. India has the largest English-speaking population after the USA. India’s large and well-educated workforce has been one of India’s main advantages which is the main reason why outsource to call centers in India. However, they have to go through several weeks of training which converts them into fake Americans, Europeans or Australians because their Indian accent must be neutralized (Summer,2014). Hundreds of thousands of people are employed in call centers across India in which