Media Law Defamation, Copyright, Etc - 23627 Words

UNIVERSITY OF SOUTH AUSTRALIA MEDIA LAW - 2007 1. DEFAMATION 1. Why a law of defamation? Every member of society has an interest in retaining his or her personal reputation and standing. All members of the community also have an interest in a free flow of information and communication. There is a tension between these two interests. The law represents a balance between personal interests in reputation on one hand and community interests in free speech and an uninhibited flow of information and opinions on the other. The law of defamation in Australia has, until recently, lacked uniformity. Given the advances in technology and the growth of national publications, the pressure for†¦show more content†¦It is not necessary that the plaintiff be named. The test will be whether the words would reasonably lead people acquainted with the plaintiff to the conclusion that he was the person referred to : Knuppfer v London Express [1944] AC 116. If a defamatory statement made of a class or group can reasonably be understood to refer to every member of it, each one has a cause of action. In Pryke v The Advertiser Newspapers Ltd (1984) 37 SASR 175, a Letter to the Editor published in The Advertiser criticised the conduct of proceedings by an Industrial Commissioner, without specifying by name which of the 4 Commissioners had been concerned. All 4 Commissioners succeeded on the basis that the letter was defamatory of each of them. In Bjelke Petersen v Warburton [1987] 2 QdR 465, the Leader of the Opposition made statements about the governments corruption and its mismanagement, and said he would be asking questions about which Ministers had their hands in the till. This was held capable of being defamatory of each of the 18 members of the Ministry. However, if the class is composed of too many people, then the matter will be incapable of identifying any particular individual. Inappropriate use of photographs as background to unrelated publications can lead to identification. 4. Parties Not only individuals can sue. Partnerships orShow MoreRelatedMedia Law: Defamation, Copyright, Etc23639 Words   |  95 PagesUNIVERSITY OF SOUTH AUSTRALIA MEDIA LAW - 2007 1. DEFAMATION 1. Why a law of defamation? Every member of society has an interest in retaining his or her personal reputation and standing. All members of the community also have an interest in a free flow of information and communication. There is a tension between these two interests. The law represents a balance between personal interests in reputation on one hand and community interests in free speech and an uninhibitedRead MoreThe First Amendment : The Second Amendment1738 Words   |  7 Pagesbe the most used amendment today. One of the reasons is that people are always taking advantage of it. One way is that people try to use it as a joke most of the time and that is one way for someone to ruin it. Another reason is because of social media. An example is somebody goes on Facebookâ„ ¢ and posts something hateful and then they get in trouble for it and they use the excuse saying they believe that the First Amendment gives them freedom to say whatever they want to say. Then they get in troubleRead MoreThe Issue Of Cyber Crimes Essay1673 Words   |  7 Pagesterritorial operations of this law, yet they could be significant just when supported with provisions which recognizes orders and warrants for Information issued by capable authorities outside their purview and measure for cooperation’s for trade of material and evidences of cyber violations between law implementation organizations. Normally the jurisdiction of a court is identified with the place where the offense is committed. This depends on the English common law position that all crimes committedRead MoreIntellectual Property Is The Legal Term2145 Words   |  9 Pagesmusic, literature, artistic works, words, phrases, symbol and designs. Under intellectual property law, the owner of intellectual property is granted certain exclusive rights. Basically, Intellectual property is the term that refers to the creation of mind: inventions, literary and artistic work; names, symbol and images used in commerce, trade. Intellectual property is divided into two kinds †¢ Copyright: It covers literary works (for instance poems, magazines, novels and plays), music, films, artisticRead MoreIntellectual Property Is The Legal Term2138 Words   |  9 Pagesmusic, literature, artistic works, words, phrases, symbol and designs. Under intellectual property law, the owner of intellectual property is granted certain exclusive rights. Basically, Intellectual property is the term that refers to the creation of mind: inventions, literary and artistic work; names, symbol and images used in commerce, trade. Intellectual property is divided into two kinds †¢ Copyright: It covers literary works (for instance poems, magazines, novels and plays), music, films, artisticRead MoreCyber Crime5881 Words   |  24 PagesUniversity Of Dhaka [pic] Department Of Management Information Systems [pic] Assignment On Business Law Topic: Cyber Crime Prepared By : Subrata Halder ID NO : 05-005 Submitted To: Ashraful Alam Read MoreImpact Of Protection Of Designer Products3018 Words   |  13 Pagesfrauds, defamation infringement of intellectual property rights etc. However, this research basically focuses on the impact of protection of small-scale designer products received by online retailers in UK and India. The significance of designs is extensively acknowledged and recognised in the present UK economy. India has also been a member of World Trade Organisation (WTO) since 1995; and all the signatory nations to WTO are bound to include some IP protection in their national laws. FurtherRead MoreBusiness Law Department Exam14857 Words   |  60 Pageswhere a reasonable person would conclude that it was made as a joke, cannot result in a contract. __T___ The communication of an offer can be made by the offeror or the offeror s agent. __T___ Generally, advertisements, catalogs, price lists, etc. are not treated as offers. __F___ A counteroffer is treated as both a revocation and a new offer. _T____ Consideration can consist of giving up a legal right. __T___ A promise to act or to refrain from doing an act can serve as considerationRead MoreBalancing Individual Privacy with Press Freedom3139 Words   |  13 PagesColumbia University, once wrote: Privacy is the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others (self information control right). In this age of mass media, individual privacy has become a casualty of journalists’ feeding frenzy and it has become really hard for societies to determine the nature and process of information in the public domain. In this article I reflect on the problem in Nepal’s contextRead MoreCybercrime and Its Impact in Bangladesh7186 Words   |  29 Pages 8 4.1.3 Pornography 8 4.1.4 Defamation 9 4.1.5 E- mail spoofing 9 4.1