...everywhere. Whoever professional individual, may he be a lawyer, a doctor, an engineer, an accountant, a journalist and so on, conformity with moral standards is expected. In whatever profession, may it be in law, medicine, engineering, business, mass media and so on, compliance with the principles of professional conduct is needed. At wherever workplace, may it be in the court, hospital, construction site, bank, and so on, observance of the rules is required. Every professional men and women has to abide by certain rules and regulations. Practitioners of mass communication is no exception. The individuals working under this profession have to observe and follow the law and ethics of mass communication. These are not just standards of what is right and wrong nor based only on morality, as what most people think so. There is more to ethics than their misconceptions. These standards of conduct are highly essential and therefore strict adherence is recommended. These ethics drive the practitioners to instill self-discipline, professional attitude and sense of responsibility among 1 themselves as they are guided on how to deal with day-to-day situations involving ethical dilemmas. Here in the Philippines, there have been a lot of reported cases of libel suits. No matter how hard practitioners of mass communication try to keep up with moral responsibilities, others could not fight the urge to defy the odds. There are instances wherein some reporters and journalists abuse the privilege...
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...Human rights Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible. Article 2: Right to Life 1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided for by law. As well as prohibiting the state from taking your life, Article 2 also requires the state to protect your right to life by having in place proper and adequate criminal sanctions to punish those who take your life intentionally. Failure by the state to properly investigate a suspected murder, or to prosecute the suspected murderer, may amount to a breach of the right to life of the victim. In certain limited cases, Article 2 may impose a duty on the state to take positive steps to protect your life where it is being threatened. So where there is an environmental hazard that poses a very high risk to the life of the people living nearby, the state may have a duty to provide information about that hazard to enable the people to take steps to protect themselves and their families. In the case of Osman v UK, the European Court of Human Rights (ECHR) found that...
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...Toffoloni v. LFP Publishing Group, 572 F.3d 1201 (2009) In today’s society, privacy laws have become of a great concern to the courts. Many legal claims are being filed by the people concerning privacy issues. Privacy laws are among the most difficult issues to handle in today’s mass communication. This issue can be traced back to Louis Brandeis and Samuel Warren, who wrote an article concerning the people’s right to privacy. Nowadays, no one can be too careful when it comes to privacy because any information that reaches the press can be used to their advantage. The press does not have the right to decide whether the information gathered or provided to them is newsworthy or not, this is for the Constitution to decide. An individual should have the right to be protected by the government when the media abuses their power. The people should have the right to do or say whatever they feel at the moment without having to worry about the media. According to Zelezny, “Privacy-related lawsuits against the media have continued to escalate in the new millennium. The media successfully defend against most of these lawsuits. Yet there are enough plaintiff victories to rouse more plaintiffs…” (178). The media constantly monitors the government, but the government does not monitor the media enough. This is the reason why the courts are bombarded constantly with law suits. Government has let the media abuse of its freedom and this is why privacy has become a great issue in society. ...
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...Freedom of Connection – Freedom of Expression: The Changing Legal and Regulatory Ecology Shaping the Internet by William H. Dutton Anna Dopatka Michael Hills Ginette Law and Victoria Nash Oxford Internet Institute University of Oxford 1 St Giles Oxford OX1 3JS United Kingdom 19 August 2010 A report prepared for UNESCO’s Division for Freedom of Expression, Democracy and Peace. The opinions expressed in this report are those of the authors and do not necessarily reflect the views of UNESCO or its Division for Freedom of Expression, Democracy and Peace. Preface As stated in its Constitution, UNESCO is dedicated to “Promoting the free flow of ideas by word and image”. Part of this mission, therefore, is to promote freedom of expression and freedom of the press through sensitization and monitoring activities, as a central element in building strong democracies, contributing to good governance, promoting civic participation and the rule of law, and encouraging human development and security. Media independence and pluralism are fostered by the Organization, providing advisory services on media legislation and sensitizing governments and parliamentarians, as well as civil society and relevant professional associations. However, UNESCO recognizes that the principle of freedom of expression must apply not only to traditional media, but also...
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...Society. Freedom Of Press, However, Is Not An End In Itself But A Means To The End Of A Free Society.” -Felix Frankfurter ( In Pennekamp V. Florida ) ABSTRACT In rapidly changing socio-economic condition of a country like India, the media plays a vital role in moulding the whole viewpoint of society hence it is often quoted that media is the fourth pillar of Indian democracy. Violation of human right has many dimensions and one of such dimensions finds in the trial by media. In India trial by media has assumed significant proportions. There are many cases in India where media showed its importance by continuously highlighting it, such as Priyadarshnimatto case, Nitishkatra murder case, Bijaljoshi rape case, Aarushitalwar case, Jessica case etc. Media has now reincarnated itself into a “public court” (jantaadalat). It use to watch out injustice, which has conducted the trial of an accused and passed the own verdict even before the pronouncement of judgment by the court. By this way, it prejudice the public and sometime even judges and as a result it violates the basic principle of criminal jurisprudence i.e.; ‘’presumption of innocence until proven guilty and guilty beyond reasonable doubt’’. This paper focuses on the rights of accused such as his right to fair...
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...Case Study – Cybercrime International Centre for Criminal Law Reform and Criminal Justice Policy 1822 East Mall, Vancouver British Columbia, Canada V6T 1Z1 Tel: 1 (604) 822-9875 Fax: 1 (604) 822-9317 Email: icclr@law.ubc.ca www.icclr.law.ubc.ca Case Study – Cybercrime By Annemieke Holthuis Counsel Criminal Law Policy Section Department of Justice Canada Case Study prepared for Co-Teaching at the National Prosecutors College Beijing China November-December 2006 As part of the International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLR) and GeoSpatial SALASAN Programme: The Canada China Procuratorate Reform Cooperation Project, supported by the Canadian International Development Agency 2 Case Study - Cybercrime Public concern about the incidence of child pornography on the Internet is increasing in British Columbia. The police decide to crack down and seek the help of members of the public and Internet Service providers like XYZ Corporation. Brian, a concerned citizen and the divorced father of a young girl, contacts police expressing concerns about his roommate Dwayne. Dwayne is always on the computer and he has no idea what Dwayne is doing. Dwayne’s door is always locked and Dwayne won’t let Brian borrow the computer, even to send a quick e-mail. Lately, Dwayne acts more strangely than ever. Brian said that he didn’t know what it is but he’s no longer comfortable bringing his daughter home when Dwayne was there. Brian mentions...
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...Oxford, OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA ACTA and the Enforcement of Copyright in Cyberspace: the Impact on Privacy Iryna Ievdokymova* Abstract: As the reach of the Internet expands, governments increasingly seek to introduce initiatives aimed at controlling individuals’ online activity. One such initiative, aimed, inter alia, at introducing enhanced online copyright enforcement standards, is the Anti-Counterfeiting Trade Agreement (ACTA). The paper analyses a possible effect of Art. 27(3) of the agreement on the data protection and privacy rights, as spelled out in the EU legal order. Firstly, the EU legal framework on Internet surveillance for copyright enforcement will be addressed. Next, the principles and safeguards applicable to data processing in the context of communications surveillance will be illustrated with reference to the jurisprudence of the European Court of Human Rights. It will be argued that ACTA, if interpreted broadly and implemented without safeguards, would provide an incentive for graduated response systems, which, as it will be shown on the example of the French graduated response, may trump privacy rights on a massive scale. I Introduction Could cyberspace be considered a zone of liberty, for the most part unrestrained by government regulation and intrusion into individual rights and freedoms? On the one hand, the Internet has served to expand the boundaries of information sharing to an unprecedented degree. However, as...
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...authority The Constitution also allocates power of the federal government among three branches of government First three articles of the Constitution establish the legislative, executive, and judicial branches; they’re independent branches of the federal government Constitution ensures that each branch maintains a separate sphere of power to prevent any one of them from obtaining undue power and monopolizing government control Constitution also establishes a system of checks and balances Each branch’s powers keep the other branches from dominating the government Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, but early common law established a process called judicial law Judicial law is the power of a court to review legislative and executive actions, such as a law or an official act of a government employee or agent, to determine whether they are constitutional Established in 1803 U.S. Supreme Court case Marbury v. Madison Also allows courts to review constitutionality of lower courts’ decisions Supremacy clause, located in Article VI of Constitution, provides that the Constitution, laws, and treaties of the U.S. constitute the supreme law of the land...
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...Constitutional Law Introduction Many people assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain...
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...Organizational Behavior Kofi Osei Tutu Law, Ethics & Corporate Governance: Employment At Will Doctrine Dr. Meredith Brasca February 2, 2014 Employment-at-will [EAW]: “when an explicit agreement of contractually binding terms of employment is absent, the employment relationship exists only so long as both parties will it to continue. That is, either party is free to end the relationship at his or her will. Moreover, the relationship may be terminated at any time and for any reason. United States employment law has traditionally been governed by this doctrine. One of the most widely quoted expressions of this doctrine comes from a case heard before the Tennessee Supreme Court: Payne v. Western & Atlantic R.R. Co. (1884). The majority opinion in the case reads in part: John posted a rant on his Facebook page in which he criticized the company’s most important customer. As an employer, I do not have legal grounds to fire John. Since this is John’s first offense, I will reprimand him by giving him a warning. I am supporting this action with the utilization of the exception “implied contracts of employment”- this simply states: “We do not dismiss employees without giving them a chance to correct their behavior.” However, I will make adjustments to our company’s policy in our handbook to cover this type of behavior. He depicted a very negative image of our company with his ranting on social media, and that will be listed as a violation of our code of conduct...
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...Assignment 3: Constitutional Rights Ashlee R. Hall PAD 525: Constitution & Administrative Law Dr. Lee February 19, 2012 Lawrence J. Korb, former vice president of operations in Washington D.C. for Raytheon Corporation, was dismissed from his position for publicly expressing his views regarding the corporation’s economic interest. Freedom of speech, provided by the First Amendment, is valued with high regard but there are several instances where speech is not always protected. From a historical perspective, Korb v. Raytheon provides a precedent for competing claims between private actors for the right of free speech. This essay attempts to provide the facts of the case, the issues, and the ruling. Much emphasis is put on the challenges associated with freedom of speech, freedom of information, and employment law while the public perceptions of Raytheon and its influence with the Department of Defense plays a huge role. FACTS, ISSUES, & RULING OF CASE Raytheon Company was founded in Cambridge, Mass., as the American Appliance Company in 1922, a pivotal time in American history. This company predominately manufactured equipment for the U.S. military along with defense technology and training, homeland and border security, and cyber security. The plaintiff, identified as Lawrence J. Korb, was employed by Raytheon as a vice president of operations. Korb made the decision to join a non-profit organization which was named...
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...was complicit in Third World starvation; • bought from greedy rulers and elites and practices economic imperialism; • wasted vast quantities of grain and water; • destroyed rainforests with poisons and colonial invasions; • sold unhealthy, addictive fast food; • altered its food with artificial chemistry; • exploited children with its advertising; • was responsible for torture and murder of animals; • poisoned customers with contaminated meat; • exploited its workers and banned unions; • hid its malfeasance (Wolfson, 1999, p. 21). McDonald’s deemed the publication defamatory of their reputation. Defamation is the publication of an untrue statement which reflects a person’s reputation and tends to lower him in the opinion of right-thinking members of society generally (Finch, 2007, p. 168). Initially, the multinational corporation threatened various broadcasters and five active members of London Greenpeace withlegal action if they did not withdraw the allegations. Under s.2 of The Defamation Act 1996 the publisher of a defamatory statement can make amends thus avoid liability if they provide a suitable correction or apology. Determined to not “give into intimidation and bullying” all but two London Greenpeace members apologised. This left McDonald’s to file an English lawsuit for libel against the remaining individuals, Helen Steel and David Morris. None of the allegations made were particularly...
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...“BLOG” EXPERIENCE: WHEN FREEDOM BECOMES INVASION INTRODUCTION Francois Voltaire, one of France’s most famous philosophers became well-known for this often quoted phrase: “I may disagree with what you have to say, but I shall defend, to the death, your right to say it.” The phrase summarizes the spirit of the freedom of speech – one of the inventions of the 18th century Enlightenment, a time when discussions among the upper class were construed as constituting the public sphere. Although they belonged to the sophisticated members of society, their conversations highlighted social equality and everyone was given the chance to speak and be demanded to listen. With free and frank conversations, people became acquainted with points of view that were not familiar; they discovered strengths and weaknesses in their personal arguments, and subsequently became moderate in the expression of their views taking into consideration the arguments of others. With this small light ignited in the intellectual realm, the idealism of free communication of thoughts and opinions spread and became one of the trademarks of democratic societies. During the next century, John Stuart Mill affirmed that societies progress when people freely express themselves because errors and misconceptions are exposed, and alternatives were proposed. These sentiments became the backbone of the United Nations’ Declaration of Human Rights, adopted in 1948 and of...
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...Socialist Secular Democratic Republic. It allows us to elect our representatives and to form a government to makes laws and enforce them. The Constitution of India guarantees to the people certain basic human rights and freedoms, such as, equal protection of laws, freedom of speech and expression, freedom of worship and religion, freedom of assembly and association, freedom to move freely and to reside and settle anywhere in India, freedom to follow any occupation, trade or business, freedom of person, freedom against double jeopardy and against ex post facto laws. These rights are knows as Fundamental Rights and are envisaged in Part III of the Constitution of India. A person can claim Fundamental Rights against the state subject to the state imposing some permissible restrictions in the interest of social control. The grounds for imposing these restrictions on Fundamental Rights are expressly mentioned in the Constitution itself and, therefore, these rights can be abridged only to the extent laid down. The Ramlila Incident was a very unfortunate event. The Supreme Court of India took suo moto cognizance of the case and gave a new dimension to the Fundamental Rights stating that the right to sleep peacefully was a part was Article 21 and thus a Fundamental Right. The brief facts concerning the incident are that Baba Ramdev wanted the government to bring all the...
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...Chapter 22 COMPUTER CRIME: PORNOGRAPHY, FRAUD, HACKING AND GAMBLING CHAPTER SUMMARY The Internet, a relatively recent phenomenon, has caused a change in how laws may or may not apply to formerly traditional situations. Furthermore, the Internet has allowed criminals to perpetrate crimes that could not exist but for cyberspace. Chapter 22 examines computer crime and the statutes enacted to combat this growing problem as well as the erosion of our personal privacy. Freedom of speech, online gambling and cybermedicine issues are also examined in light of contemporary applications and influences resulting from the Internet. CHAPTER OUTLINE I. COMPUTER CRIME AND CYBERCRIME A. Definitions 1. Computer crime consists of crimes involving: • Computers • Computer systems • Computer applications. 2. Cybercrime consists of computer crime that takes place in cyberspace 3. The Internet facilitates a number of opportunities for crimes to occur. 4. Typical cybercrime abuses include: • Hacking • Spreading of viruses • Fraud • IP theft • Appropriation of trade secrets • Defamation B. The USA Patriot Act, 2001 1. The USA Patriot Act provided significant new powers to federal law enforcement agencies. ...
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