Libel And Slander Research Articles

Formation of the Legal Status of Public Servants of the Greenland Self-Government Greenland Self-Government Civil Servants in 1953−2003

The article states that the status of Greenlandic civil servants began to take shape with the incorporation of the island into Denmark as a county in 1953. Its foundations were laid by Act No. 154 of 07.06.1958 on salaries, pensions, etc. in Greenland, as amended in 1969, which established the characteristics and provisions of the Greenlandic civil service. The Public Service Act of 04.06.1971 clarified the duties of employees, suspensions, disciplinary proceedings, libel suits, dismissals, etc. The adoption of the Act on Greenland Self-Government in 1978 led to the introduction of the Act of 25.10.1979 on “conditions of salaries, pensions, etc. for civil servants”. An order of 16.06.1980 regulating the advertisement of civil servants’ posts in Greenland stipulated that the Government and municipalities must be consulted. On 15.12.1983, the Act on Public Servants in Greenland was amended. On 23.12.1988, the “Act on the Salaries of Civil Servants, etc. and the Classification of Public Civil Servants in Greenland” was adopted, and on 18.12.2003, the Act on Greenland Self-Government and Municipal Officials.The formation of the legal status of civil servants in Greenland can be divided into 2 stages: 1) 1958–1978, when the legal status of Greenland was defined as one of the counties of Denmark, but with some specificity of administration and public service, caused by specific natural and climatic conditions; 2) 1978–2003, the period of the establishment and evolution of Greenland’s autonomy, the most important feature of which was the emergence and quantitative and qualitative development of the institution of civil servants subordinate to the autonomy authorities, which established rules for them based on Danish law.

New York Times v. Sullivan: A Civil Rights Story

The 1964 Supreme Court decision in New York Times v. Sullivan established the “actual malice” rule in libel law, requiring that in order to win a libel suit, a public official must show that a defamatory statement was false and that the speaker made the statement knowing that it was false or “with reckless disregard of whether it was false or not.” Sullivan involved a libel suit brought by segregationist Alabama officials against the New York Times (“Times”) and leaders of the civil rights movement. Sullivan arose from sectional battles over civil rights and integration in the 1960s. An all-white jury awarded Sullivan $500,000. The purpose of the lawsuit was to attack the civil rights movement directly, and also indirectly, by stifling press coverage of civil rights protest activities. The Times and the civil rights leaders appealed to the U.S. Supreme Court, claiming that Alabama’s strict libel laws, which were similar to most libel laws at the time, violated constitutional guarantees of freedom of speech. Sullivan has been memorialized as a case that was principally about the First Amendment. Even though observers at the time saw it as a “civil rights case,” Sullivan’s connections to the civil rights movement were lost over time. This Article tells the story of New York Times v. Sullivan as both a First Amendment story and as a “civil rights story.” Sullivan grew out of the civil rights movement and transformed the course of that movement. The Supreme Court’s efforts to assist the civil rights movement resulted in a decision that broadly protected the freedom to comment on government and public affairs. Situating Sullivan in its civil rights context not only complements our understanding of the ways that civil rights and freedom of speech have been intertwined in American history, but may also help to strengthen the image of Sullivan when the ruling is under assault. Many of the attacks on Sullivan are premised on Sullivan as a “press case,” one that primarily protects the institutional press. Sullivan is vulnerable in an era when the public’s opinion of the press is generally low. These attacks might be countered if the public were reminded that Sullivan not only protects the press but also individual dissenters and critics, as the history of Sullivan makes clear.

The Enactment of the Common Interest Concept and the Theory of Repressive Legal Protection on Consumer Reviews Against Defamation Claims

Essentially, the objective of reviews is to offer testimonials regarding the quality of product based on personal experiences, serving as a reference for potential consumers concerning the product’s attributes and quality. Businesses also leverage consumer reviews as material for product evaluation, marketing, and enhancing after-sales services. However, in practice businesses do not always receive consumer reviews favorably, particularly when these reviews result in financial losses. This is especially true when reviews are published by influencers with substantial social media followings. Consequently, businesses may initiate legal action against consumers for defamation. According to defamation provisions, acts carried out in the public interest cannot be penalized. This study addresses the legal protection of consumers against defamation lawsuits by businesses, employing the common interest concept and the theory of repressive legal protection. The aim is to analyze the application of the common interest concept and the theory of repressive legal protection concerning reviews on social media, aiming to provide new insights for law enforcement officials in handling defamation cases involving consumers and businesses. This study utilizes normative juridical methods, reviewing literature on legislation, legal concepts, and theories. The study concludes that according to the theory of repressive legal protection, businesses that violate their obligations to consumers should be sanctioned. The enactment of the common interest concept to consumer reviews requires an examination of legal evidence and facts, and if proven, should result in sanctions for businesses as a form of repressive legal protection.

Philological Approach to Interpreting Law: Problems of Multidimensionality at the Overlap of Legal and Philological Sciences

The article considers the philological (grammatical, linguistic) approach to interpreting law as the primary one in the process of comprehending and clarifying the norms of law. It is noted that in the case of studying the philological approach to interpreting law and its application, the key tasks are to distinguish the linguistic and legal features, on the one hand, and to determine the common grounds and interpenetration, on the other. At the same time, this method of interpreting legal norms is of particular importance when considering complaints for defamation of character, which have become significantly acute recently. The multidimensional nature of the philological approach to legal interpretation is emphasized, resulting from the multiplicity of approaches to text analysis. The under research of the issue is due to the requirement for the researcher to possess both philological and legal competencies at the same time. Special attention is paid to the linguistic persona of the author of the legal text, a comprehensive study of which will make it possible to advance in the search for answers to questions fundamental to the appropriateness of law interpretation.

Review Apartment by Consumer on Social Media vs Criminal Charges by Developer: Between Consumer Complaint and Defamation

Despite legal safeguards for freedom of expression and the right to be heard, consumers frequently encounter legal obstacles, particularly in cases where businesses initiate defamation claims. This issue is exemplified by the cases of Deedi Tjhandra, Muhadkly AT, and Desvalia, wherein consumers, after receiving no response to their complaints from developers, took to social media to post reviews of the apartment they had purchased. In these cases, it was found that the developers had breached contractual obligations, as the apartments and their associated amenities did not conform to the standards advertised in promotional materials. This study aims to analyze the rights of consumers to post video reviews of goods and/or services on social media, especially when such reviews result in defamation lawsuits and subsequent convictions. The court's ruling, in this case, found Deedi Tjhandra guilty of defamation despite the defamation statute in question having been repealed and replaced by more recent legislation. The updated legislation specifies that legal entities are barred from pursuing defamation claims. Additionally, the court did not consider the regulations established by the Joint Decree and CC rulings. The research employs a normative juridical methodology incorporating legislative and conceptual analyses. The novelty of this study lies in its exploration of the public interest concept within criminal and civil law as it pertains to defamation statutes being met through social media, particularly when these reviews serve the public interest. Additionally, the study assesses the adherence of law enforcement agencies to established regulations concerning defamation.

Safeguarding media integrity: A hybrid optimized deep feature fusion based deepfake detection in videos

Safeguarding media integrity: A hybrid optimized deep feature fusion based deepfake detection in videos

Aesthetic Verdicts

This article examines the landmark 1878 defamation case of Whistler v Ruskin, a pivotal legal battle that underscored the complexities of adjudicating art criticism under defamation law. The trial arose from John Ruskin’s scathing critique of James McNeill Whistler’s work, which led Whistler to sue for libel, seeking validation not just of his art but of his artistic philosophy. Despite the public fascination and Whistler’s tactical use of the trial as a platform for self-promotion, the jury’s award—a derisory farthing—hinted at their view of the lawsuit as frivolous. This case emphasizes the intrinsic challenge of legal systems grappling with subjective art valuation and critiques, the evolving norms of defamation, and the implications for the freedom of speech. While Whistler nominally won, the repercussions for both men were significant, affecting their finances, reputations and positions within the art world, and the trial’s legacy continues to inform the discourse around art, law and cultural value. Keywords: James McNeill Whistler; John Ruskin; Victorian libel law; defamation; art criticism; aesthetics; 19th-century British art; fair comment.

Forensic Hypoglycaemia & Neuroglycopenia — A Clinical Legal Social Endocrinology Challenge for 2024, Forensic Law in Hypoglycaemia 4

Forensic Hypoglycaemia & Neuroglycopenia — A Clinical Legal Social Endocrinology Challenge for 2024, Forensic Law in Hypoglycaemia 4

Визуальный фейк, созданный посредством нейросети: социально-правовые риски и проблемы квалификации

The article provides current examples (as of August 2023) of the spread of visual fakes created as a result of using a neural network. Among the socio-legal risks associated with this phenomenon, the following are considered the presence of an effective tool for creating disinformation; the relative ease of using a neural network; the uncontrolled dissemination of the product; undermining of public confidence in the reliability of images and news; a threat to the honour, dignity, and reputation of individuals. The commitment of many national governments to the idea of prohibitions and restrictions on the dissemination of deliberately false information on the Internet, as opposed to the Network Neutrality movement formed in Western society, is stated. The author describes the difference between two basic approaches to countering fakes, conventionally designated as public-legal and private-legal. Russian legislation combines elements of both approaches – state coercion in the form of punishment with the possibility of filing defamation lawsuits. The analysis of the envisaged measures of civil, administrative and criminal liability is supplemented by an indication of gaps in relation to visual fakes created with the help of a neural network. The author presents her own vision of the formulation of the most important issues in this area and outlines possible vectors for their further analysis.

Cyberbullying Experiences and Coping Strategies in Ibadan Metropolis, Ibadan, Nigeria

Introduction/Aim: Cyberbullying of influential personalities or celebrities is a media menace. Psychological, depressional, and emotional suicidal ideation effects are some of the impacts on celebrities. A few studies have investigated celebrities' coping mechanisms against this, with the majority from developed countries. There is a dearth of information on this among celebrities in Nigeria. This study investigated the experience, effects, and coping mechanisms of cyberbullying among celebrities in the Ibadan metropolis, Oyo State, Nigeria. Material and method: A descriptive crosssectional purposive sampling method was adopted. An in-depth interview guide was used for data collection among 14 consented celebrities. Data were manually analysed thematically. Results: Most participants were 25-35 years old and were comedians. All have experienced cyberbullies, such as popularity attacks and defamation of character. The effects of cyberbullying on the victims include low self-esteem, mental stress, depression, substance abuse, and financial crisis. Jealousy, hatred, envy, and quest for popularity among the perpetrators fuelled this menace. However, some celebrities have overcome these effects through technical, preventive, corrective, social support, and spiritual approaches. Conclusion: Cyberbullying is prevalent among celebrities and many experienced psychological effects. Awareness, interventions aimed at its prevention, and adequate coping strategies are needed to solve this menace.

Archiving Facts and Documentary Films: Sites of Memorial Struggle for the October 6, 1976, Massacre in Thailand

None of the perpetrators involved in the October 6, 1976, massacre in Thailand have been brought to justice. It has been this “culture of impunity” that limits the possibility of truth projects. Past state violence has been protected by the country's blanket amnesty laws and libel laws. Additionally, unreleased archival materials are restricted from public release by copyright law. Audiovisual and documentary evidence for counter‐memory projects are thus challenged. On the other hand, evidence collected by activist archivist groups reveals painful memories from the relatives of victims and provides hope for truth‐seeking. Collections of photographs, audio interviews, testimonies, and artifacts are utilized by both archivists and documentary filmmakers to forge claims toward restorative justice. And while the dominant discourse forces society at large to keep silent, historians, archivists, and filmmakers collectively resist forgetting. Together they lay claim to photographic and audio evidence as well as personal painful memories to illustrate and generate public dialogue, telling truths through sight and sound. Some of these archival efforts led to practices in participatory documentary‐making. Collectively, these efforts in archival practice and filmmaking give birth to an ethic of immediation in humanitarianism. Thailand's next generation is engaged in recalling memories of past state violence and questioning the present authoritarian regime through archival filmmaking and exhibition practices.

The Devil’s in the Details: How Countries’ Defamation Laws Can (and Can’t) Combat Hate Speech

ABSTRACT Despite the multitude of efforts to combat hate speech, it persists within our global media discourse. It appears in legacy news media content, right-wing media outlets, and social media. In some countries, defamation laws are used to punish those who publish false, defamatory statements about a group defined by its racial, religious, or national origin, gender identity, or sexual orientation. Recognizing the potential role civil defamation laws can play in mitigating the problem of hate speech in media, this article offers a comparative legal analysis of existing defamation laws in Brazil, Germany, and the United States. The purpose of this inquiry is to determine whether and to what extent victims of hate speech might be able to employ these laws to seek justice. Our analysis indicates that criminal libel laws are often abused by political actors, and thus civil laws are preferred. Based on Germany’s experience, we also find that social media platform compliance with this process is essential. Therefore, we propose a solution that expands U.S. libel law to include group defamation and uses carveouts to CDA Section 230 to motivate platform participation in identifying and removing group libel.

Agnotology in Palestine/Israel

Abstract This essay, a product of a reflection and dialogue between a Palestinian and a Jewish Israeli, revisits the so-called "Teddy Katz Affair," a heated debate that erupted first in 2000 but resurfaced recently due to a new documentary. The Affair was triggered by a newspaper article reporting about a master’s thesis, which relied heavily on oral testimonies, that concluded that war crimes against Palestinians were committed during the 1948 War in the village of Tantura. After chronicling briefly the sequence of events — which included a libel suit, a public debate, and retraction of the thesis by the university — this article assesses its broader impact on the historiography of Palestine/Israel. Finally, it proposes to employ the term “agnotology” to describe the mechanisms that were developed to distort and silence Palestinian narratives in Israel. Agnotology, it is suggested, is a concept that better captures the hierarchies of knowledge that were used to distinguish Jewish testimonials from Palestinian memories and the process by which they were absorbed and codified by academic historians following the Affair.

Amateur Sleuths and Online Truths: Defamation Lawsuits in the Internet Age of True Crime

Amateur Sleuths and Online Truths: Defamation Lawsuits in the Internet Age of True Crime

Ross, Trevor. Writing in Public: Literature and the Liberty of the Press in Eighteenth-Century Britain

Ross, Trevor. <i>Writing in Public: Literature and the Liberty of the Press in Eighteenth-Century Britain</i>

“What Blood Unites, the Sea Shall Not Divide”: Bohemian Day at the World's Columbian Exposition of 1893

“What Blood Unites, the Sea Shall Not Divide”: Bohemian Day at the World's Columbian Exposition of 1893

The (Ab)use of freedom of speech and the 1788 Ismaël-controversy: the legal limitations and affordances of a parodic periodical in the Dutch Republic

Abstract This article highlights a fascinating legal wrestling match over the legal limits of free speech through humorous artistic works in the late eighteenth century – just before freedom of speech became a constitutional right. It concerned the parodic item “Reports from Babel” in an issue of the anonymous Dutch journal Ismaël from 15 September 1788. The city of Utrecht and specific authorities were allegedly targeted who in turn prosecuted the local sellers of these perceived libels, Gijsbert Timon van Paddenburg and Justus Visch. The controversy is studied through the political-historical background of the Orangists, who had been returned to power following a turbulent period. The arguments of the court and the parties involved are analysed, as well as the reception of the Roman law of iniuria – specifically regarding libels. Literary and philosophical-linguistic theories are employed to gain insight into the way this particular parody as a form of free speech was perceived as dangerous to late-eighteenth-century society. We show that these defendants exploited the ambiguity of parodic language as part of their defense strategy. Nonetheless, the judicial authorities dismissed these language-based arguments, ultimately condemning the two booksellers with the considerable fine of 1000 guilders. This legal-historical discussion of humorous artistic works, such as Ismaël, highlights the complex relationship between libel laws and free speech.

The case for a media and communications public participation court

ABSTRACT This comment looks at the current controversies surrounding the strategic use of libel law to silence and intimidate investigative journalists. Much of the problem flows the cost of litigation in defamation. The comment proposes a model for reform based on the streamlined procedure used in the Intellectual Property Enterprise Court, in which recoverable costs are subject to a cap. The comment argues that such a model for reform is more likely to be effective in addressing the current concerns than the Government's anti-SLAPP proposals.

On Social Networks, Anonymous Testimonies, and Other Tools of Feminist Activism against Sexual Violence in Egypt

On Social Networks, Anonymous Testimonies, and Other Tools of Feminist Activism against Sexual Violence in Egypt

Defamation as a Sword: The Weaponization of Civil Liability against Sexual Assault Survivors in the Post-#MeToo Era

When the #MeToo movement gained popularity in 2017, the impact that it would have on how societies perceive sexual violence against women was unpredictable. In the midst of the female empowerment and support that the hashtag cultivated, a legal phenomenon was brewing in the form of retaliatory defamation lawsuits from men accused in this modern wave of sexual assault allegations. This analysis features a step-by-step breakdown of the life of a defamation lawsuit filed against a sexual assault survivor making an online sexual assault disclosure and explores this increasingly popular intimidation tactic. In doing so, I illustrate the way in which Canadian defamation law, though well suited to its predetermined purpose, is wholly inappropriate when applied to a #MeToo context, where it essentially becomes used to litigate sexual assault claims in a manner that disadvantages survivors and inadvertently reinforces rape myths in the legal analysis.