Defamation, Privacy in Media and Freedom of Expression - Coursework Example

The law and the media Defamation Defamation can be defined as a false accusation of an offence. In other words it is a hateful misrepresentationof a person’s words and actions (Definitions of defamation on the Web).In the legal perspective, defamation is committed when the defendant makes attempt to publish to a third person some words or matter which is untrue and causes some damage to the reputation of the claimant. When those actions that lead to defamation is made in a permanent form, it is libel. Whereas if it is in some transient form, it is called as slander. To be actionable, the words used by the defendant should be understood by others in a defamatory sense. When defamation is established, there is a legal presumption of deceptiveness (Defamation). A report by the Washington post related to a weight lifting coach, Mr. Bob Hoffman stated that the coach sold valueless protein supplements called Hoffman’s high protein tablets. The article also clearly depicted that Hoffman also drove a Rolls Royce car and many of his athletes were discovered later to be using the banned anabolic steroids. Hoffman sued the newspaper stating that the news gave an impression that he supplemented himself by selling the protein tablets. The newspaper made counterclaims that the statements they collected were from individuals and there is no case of defamation. The law of defamation fully states or recognizes that truth is a complete defense, but defamation cases which are not direct, as in the above case always smudge the line between truth and fabrication. An article which is factually correct will omit or may imply falsely a material fact that will make the article harmful like a truly false report. Even though the weight lifting coach sold protein enriched tablets to his athletes, the fact that it contained anabolic steroids had no evidential support. The newspaper had published the article without undergoing scientific trials to establish the truth of their claim. Therefore the article was truly a case of defamation. Even courts have struggled to give a clear and true verdict to this matter. The media cannot defend false statements as facts. It is also not possible to defend on the basis of an omitted fact. The case of defamation against Mr. Hoffman is a true case of defamation because the newspaper has published false statement that caused loss of name and reputation for the coach in front of the public. The media should not use its influence and coverage to gain undue weightage among its readers by publishing defamatory articles (Cohn). Privacy Privacy can be defined as a quality or a condition of being isolated from the company and view of other people. It is a stage of being secret (Privacy).As per privacy laws, there are four types of privacies, and they are physical privacy, informational privacy, decisional privacy and dispositional privacy. Privacy law is the branch of law which is related to the protection as well as preservation of privacy rights of all individuals. The law of privacy always regulates collection and use of information that is collected (Privacy). In a case of violation of privacy involving the Associated press of Amsterdam, and the royal Dutch family, the court ruled that there was clear violation of privacy by the newspaper. The royal Dutch family were on a holiday in Argentina. They were photographed and the photographs were placed for sale worldwide. Although the newspaper objected to the case, the verdict was against them. They argued that this judgment would suppress the right to information in many parts of the world. Although the verdict sounded as a clear case against freedom of expression, it surely violated the laws of privacy associated with individuals. Even though the Royal family is a public figure, they have their own right to privacy. For the sake of publicity, they were photographed by the media while on vacation. The fair intention of the media in this regard is doubtful. Even though the right to information act is highlighted, the media has committed this violation for satisfying some commercial interests. This was evident because the photographs were kept for sale on the disguise that it is a right to information. By making this judgment, the judge has made it clear that the right to privacy should overweigh the right to information in a democratic society. It is true that the media involving the press has wider responsibilities in presenting up to date and true news to its viewers. But this should not be in others expense. One mans freedom should end at the other mans tip of the nose. The media should not cross borders while reporting or photographing main events. This general rule is applicable for all citizens whether they are public figures of ordinary people. In this case the Associated press claim that the royal Dutch family were public figures and hence there were no violation of privacy when they were photographed does not make any sense even if it is part of the freedom of information. No courts anywhere in the world would support such arguments (Max). Freedom of expression Right to expression is ones right to freely express his ideas, opinions without causing harm or damage to others deliberately. The freedom of press is a vital part of freedom of expression (Freedom of expression). The main purpose of freedom of expression is to promote truth, social participation and self fulfillment (Freedom of expressions and political elections).  In the year 2005, after the conduct of general elections in Albania, a daily newspaper published an article that the elections were rigged by the ruling political party in favor of them. The author of the news paper article claimed that some vital information regarding this incident was received by him personally from an undisclosed source. The author alleged that money was used to buy voters as well as to buy persons who are responsible to count votes. The article also alleged that the new prime minister has betrayed the trust of the people of Albania.  The article even remarked that he had even a criminal look in his face and was culturally down ridden. After the article was published, enquiries were conducted by responsible judicial people who after investigation found that the charges leveled by the newspaper in the article were truly baseless. The charges were not supported by proper evidence and were totally rejected. As it was filed against the newspaper and the author of the article in the court. The newspaper made a counter claim that the persons who conducted the enquiry were totally biased. This allegation was an outrage against the judicial system. The court upheld that the allegations were baseless and imposed a fine for both the newspaper and the journalist. The article written by the newspaper was on the basis of the right of freedom of expression. But it did not uphold the values and morals associated with the right of freedom of expression. All the remarks made in the article were not supported with evidence. And the source of information was never revealed. This action by the newspaper is just a misuse of freedom of expression right. Moreover the allegations leveled against judiciary and the enquiry will certainly enhance the chances of the public loosing confidence in the whole judicial process. It is very clear that the law concerning freedom of expression clarifies that freedom of expression right should be sacrificed in the event of creating deliberate damages to another party. The article published in the newspaper regarding irregularity of poll was never supported with truth based evidence hence it clearly violates the law (Freedom of expressions and political elections). Obscenity Obscenity is related to an action that arouses sexual excitement in humans. Obscenity can be expressed in words, actions, representations etc. obscenity may sometimes arouse sexual feelings and sometimes not. Some are in favor of obscenity because it is part of freedom of expression. However it can raise moral concerns that corrupt the behavior of humans. Moreover some argue that obscenity perpetuates gender stereotypes and also promotes violence against the female gender (Pornography). In a news article that was published by the Hindustan times of India dated 29-4-01, a student was found guilty for promoting acts of obscenity in the school and the student was expelled from the school because of these acts. But this report was totally baseless. The newspaper also carried a second report on the above incident which reiterated the same facts mentioned in the first report. Based on this report, a complaint was filed by the parents of the child against the school authorities and the newspaper before the juvenile justice court. The court summoned both the parties and heard their pleas. Upon further enquiry, it was also found that the reporter who made the news did not conduct proper and valid enquiries into the matter; this led to the publication of the false news. The court after considering all the facts came to a conclusion that the newspaper report was based on artificial facts and were totally wrong,. It had caused grave injury to the complainant. The court directed the press council of India to take appropriate action on the above case. This incident is a true incident on false reporting by the media with regard to obscenity. Although obscenity is considered as a moral sin in many conservative countries, there are no clear cut laws to judge the line of truth that differentiates obscenity with similar human actions. Here the news report based on an act of obscenity committed by a student had caused serious mental and physical harm to the students as well as his parents. The coverage by the media simply ignores the human suffering associated with publication of false news. The newspaper not only published the false news but also repeated the mistake by publishing a second report on the incident. The second report too was supportive of the first one. These grave mistakes occurred because of irresponsible actions by the newspaper and the staff. It had not only ruined its own reputation but also has shown a bad (Decisions).   Copyrights Copyright can be defined as the legal right given to the author work to modify, copy as well as to distribute his work. If other people wish to use the work, they have to take permission from the author. Copyright is granted to the author as soon as he completes his work (Definition of copyrights). Copyright is a legal device that gives the author of a literary, musical, artistic or other creative work to publish and sell the work exclusively. The author has the only right to transfer or sell the work to other parties. Violation of these rights is purely a case of infringement. Violation of copyrights is a serious offence under the laws framed by different countries. However the scope and power of laws may vary depending on the nature of violations (Copyright.). The Hindu newspaper of India carried a news article claiming that Google was violating copyright laws in the country. They also suggested reports claiming that the Government was now taking steps to press for a dialogue with the US authorities concerning the issue. The report suggested that Google was copying books of Indian origin into their website and search engines without taking prior permissions from their authors. This allegation was severely defended by Mr. David Drummond who was the senior vice president and chief legal counsel of Google inc. he claimed that Google has taken necessary steps with the publishers before incorporating their works onto their websites and search engines. Many news articles point out the case of violation of copy rights. News reports are carried out only on the base of weak studies and evidence. In most of the cases the person who is entrusted to make the report may not seriously conduct a deep enquiry before coming to conclusions. Facts are truly distorted. Copyright violations have an upward trend after the widespread use of the digital media. Many copyright violations are reported in the digital world. The actual fact is that in many countries, the copyright laws are not up-to-date, they are old enough. These laws do not incorporate the advancement of the digital form of media. As a result cases of non violations simply become violations. Amendment in laws according to the changing context and incorporating new provisions that could wider the perspective of the aspects of the digital media are the only solutions to this problem. Moreover new technological means of reaching audiences should be accepted by all whether they are authors, media, etc (Google ready to engage with newspapers). Works cited: Arthur, Max. Dutch royals win privacy case against AP . (2009). 14 December 2009 Cohn, David. The Problem of Indirect Defamation: Omission of Material Facts, Implication, and Innuendo. (1993). 14 December 2009 < https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=1993+U+Chi+Legal+F+233&srctype=smi&srcid=3B15&key=1d4c0e0ee8a08b0dd60a22f350f19542> Copyright. (2009). 14 December 2009. < http://legal-dictionary.thefreedictionary.com/copyright> Definition of copyrights. (2009). 14 December 2009 Decisions. (2001). 14 December 2009. Defamation. (2009). 14 December 2009 < http://duhaime.org/LegalDictionary/D/Defamation.aspx> Definitions of defamation on the Web. (2009). 14 December 2009 Freedom of expressions and political elections. (2009). 14 December 2009 Freedom of expression. (2009). 14 December 2009 Freedom of expressions and political elections. (2009). 14 December 2009 Google ready to engage with newspapers. (2009). 14 December 2009. Pornography. (2009). 14 December 2009.< http://legal-dictionary.thefreedictionary.com/pornography> Privacy. (2009). 14 December 2009 . Privacy. (2009). 14 December 2009< http://www.thefreedictionary.com/privacy> Read More