The West Bengal National University Of Juridical Sciences
Torts Tutorial Final Draft
Defamation
Akshit Goyal (212089)
8/16/2012
I. Introduction
As stated in Dixon v. Holden “A man’s reputation is his property, and if possible, more valuable than any other property”
Defamation refers to the lowering of one’s reputation in the eyes and minds of the right thinking and reasonable members of the society. Privacy can be understood as “The right to be let alone”
Invasion of privacy means the “unauthorized interference with a person’s seclusion of himself from the public”
Invasion of privacy and publication of such private information may result in the defamation, and as such, a cause of action for defamation arises. This essay
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These are:-
1) The Statement should be defamatory
A defamatory statement is any statement “which
a) Exposes the plaintiff to hatred , contempt , ridicule , or obloquy; or
b)Tends to injure him in his profession or trade ; or
c)causes him to be shunned or avoided by his neighbours”
In the present fact situation, with the publication of the nude photos of Princess babe and Prince Skaterboy, especially in the state of ‘United Boredom” which is a state known for its conservativeness and respect for its strong culture and tradition, it can safely be deduced that it would have damaged the reputation of the plaintiffs in the eyes of the members of the society.
2) The words must refer to the plaintiff
In the magazine, “Spice-it-up”, the nude photos of the plaintiffs were published, and was captioned “celebs these days have become so open” on the cover.
The photos were also printed inside the magazine, along with the details of the past affairs of Princess Babe. Analyzing this, it can be concluded that the words which were published did in fact refer to the plaintiff.
In the case of Mrs. Gossipy, She expressly referred to the impending King and Queen of United Boredom, who we know are Princess Babe and Prince Skaterboy, so it is res ipsa loquitor that her statement referred to the plaintiffs.
3) The statement must be published
The statement was published both on the cover page of the magazine, and inside the magazine, so
Tropp, Sandra Fehl., and Ann Pierson. D'Angelo. "Pornography (1983)." Essays in Context. New York: Oxford UP, 2001. 543-47. Print.
The exploitation of the case turned from sensationalism to dangers of modern youth slowly but progressively. The journalist’s began to see that the case was losing its popularity and believed they needed to create a reflection of modern life. In the beginning the journalists started exploiting the case like every other case by showing the Frank family—to the public-- in their fragile state as they came to terms with the loss of their son. This usually sparked interest in the public to feel sorrow for
victim to a grand jury in 1983 represents the evils that pornography represents in the
Sally Mann’s child photography should not be censored due to other people’s views or distaste for her child photography. She has the right to express her love for her children and herself through the arts. As a mother, she experienced a significant amount of backlash which is a common narrative in current society. By censoring her form of expression of her kids, we are restricting the mother’s right over her children. As a matter of fact, a large negative criticism of Sally Mann’s photos is that many consider her child photography to be obscene when in fact it is not obscene. According to a court case called Miller vs. California, art is only considered obscene if it meets all of the following criteria: 1) the average person finds the art lustful with prurient interest, 2) the art is offensive and displays any sexual conduct that is defined by the state law, and 3) the art lacks artistic, literary, political, or scientific value. Sally Mann’s child photography does not meet the criteria since the average person does not find her work to be salacious, the art displays no sexual conduct or penetration in any form, and her work lacks no artistic value. In fact, her art displayed a significant amount of artistic value due to the controversy and her way of challenging the hegemonic ideals of society. Thus, her work should not be censored because it is not considered obscene in the state law.
Throughout the introduction of his essay, Solove pin points on building his ethos and stating his credibility, as well as makes an ethical appeal to the audience. To aid to the credibility of his plea, he quotes fellow privacy experts, authors, and scholars throughout his whole introduction. These quotations enable Solove to conceal with the audience and speak to his credibility and trustworthiness that he has.
The author shows us that despite her attractiveness and exquisiteness, she may merely be deemed a shallow, secretive and opportunistic person.
The plaintiff, the State of California, contended that the distribution of obscene material was not protected by the First Amendment. The soliciting and sale of ‘hardcore pornography’ should not be allowed to be mailed out, especially if the receivers did not sign up for the advertisements.
There are number of ways people responded to the ruling of Barnes v. Glen Theatre Inc. (1991). Since Justice Scalia believe that nude dancing does not have First Amendment protection, civil liberties lawyers were concern that the Supreme Court would question First Amendment protection for other forms of expression (Greenhouse). The narrow approach of the Supreme Court is a valid reason on why the civil liberties lawyers are concerned. Even though Justice Souter favored the Chief Justice’s opinion, his own opinion shows some concerns regarding the Chief Justice’s opinion (Greenhouse). One can agree with someone else but it does not mean that one has to agree on everything. Justice Souter focus on the law passed by Indiana as a whole where the
The right to privacy is the protection against arbitrary government interference into the lives of its citizens. There are standards that must be met before the government can interfere into the private sphere of citizens; the state must prove that it has a legitimate interest in concerning itself with such matters.
In “Blame Photo Thieves, Not the Female Victim,” columnist Leonard Pitts Jr. expresses his perspective that while it is biologically natural for heterosexual men, regardless of occupation or personal beliefs, to find scantily clad women attractive, it should be a woman’s choice of whether to pose naked for the public or not. Pitts believes that a violation occurs when women are denied that choice and have personal nudes leaked over the internet, such as in recent cases involving Jenifer Lawrence, Kate Upton, Kirsen Dunst, and other high profile celebrities. Pitts claims that blaming the females for taking the photographs or placing them on an unreliable cloud would be similar to blaming the rape victim and the fault therefore lies with the perpetrator. Here, Pitt’s comments on the shrinking of the public sphere and
Daniel J. Solove is the John Marshall Harlan Research Professor of Law at the George Washington University Law School, one of the world’s leading experts on privacy law, and well known for his academic work on privacy and its correlations with technology. Author of many popular books, Solove also served as White House counsel for President Nixon. In the article, The Nothing-to-Hide Argument, Solove further explains the threats of allowing the government to access personal information. One of many arguments in regards to privacy, is freedom and how it hinders people under surveillance, giving a sense of being less inferior. People don’t Acknowledge certain problems because they don’t fit into the particular one-size-fits-all conception of privacy (Solove 738). Privacy is a right granted to every individual that reinforces the freedoms of expression, association and assembly; being that the U.S. is a democratic society and should not be tampered with.
WDBJ broadcasted a news report about a former adult film star who joined a local volunteer rescue squad, including a video clip depicting the woman’s head and shoulders obtained from a video distributor’s website. The clip from the website featured a number of small boxes off to the side with previews of other videos, one of which featured a hand manipulating an erect penis. The staff at WDBJ failed to edit out the auxiliary clips because they appeared outside of the viewing constraints of the station’s editing bay. The small clip at issue aired for approximately three seconds of the three minute and twenty-second segment.
I wholeheartedly respect your post but I do see an area where I find myself disagreeing on. I am quite intrigued by our textbook written by Hanson and have gotten ahead of myself on a couple of chapters. Something interesting that we will all learn and discover is the true meaning of Intrusion- which is a synonym to invasion as you mentioned in your post. On page 846, Hanson describes the word as “Intrusion is invasion of privacy by physical trespass into a space surrounding a person’s body or onto property under his or her control.” If we were to see things in retrospect, the information that we hold is not only under our control, but whoever is comprised as well. To further explain, what you search on google through Internet Explorer
First of all, it is important to know the definition of privacy, it is the right to control who knows what about you, and under what conditions. The right to share different things with the people that you want and the right to know that your personal email, medical records and bank details are safe and secure. Privacy is essential to human dignity and autonomy in all societies. If someone has committed a physical intrusion, or, in discussing the principal question, has published embarrassing or inaccurate personal material or photographs of the individual taken without consent, he is invading their right of privacy, which is in the article eight of the European Convention on Human Rights.
I define the meaning of privacy as a basic human right to be able to keep one’s personal information, activities and communication protected against public observation. Oxford English Dictionary defines the meaning of privacy as: “The state or condition of being alone, undisturbed, or free from public attention, as a matter of choice or right; seclusion; freedom from interference