Conflict Of The Case Of Online Defamation - 1299 Words

CONFLICT OF LAWS IN CASE OF ONLINE DEFAMATION The new age of information has caused scholars to consider the adequacy of traditional jurisdictional regimes where interstate disputes arise. Many scholars argue that traditional choice-of-law doctrines are inadequate to determine which state of law applies in inter-state cyber-disputes. In case of online defamation, considering this crime is not restricted to one particular geographical boundary, it is important to analyze as to which particular law will apply to the case at hand. There appear to be three stages involved: (a) the inquiry whether there is a conflict of policy, (b) the inquiry whether there is a conflict in application, and, (c) if the answer to the previous two questions†¦show more content†¦First, the wrong must be of such a character that it would have been actionable if committed in England [the place of the forum]†¦Secondly, the act must not have been justifiable by the law of the place where it was done. The Conflict of Law Rules under the Common Law system have been codified by way of the Private International Law (Miscellaneous Provisions) Act passed in 1995. This however excludes defamation. Under the tort of defamation if it takes place in England (here in India) then it is stated that law of forum shall be followed as the lex fori and the lex loci deliciti are the same. In case of multi state defamation a fresh tort is committed in each country in which publication occurs. More radically, the concept of the place of the tort could be abandoned altogether and replaced in cases of multi-state defamation by a rule applying one of the following: (i) law of the claimant’s domicil or residence , (ii) the law of the country which with respect to the particular issues has the most significant relationship with the occurrence and with the parties. The latter half of this is followed under the American approach for torts has been summarized under s. 145 of The Restatement (Second) Conflict of laws. This also provides for the most significant relationship rule to apply in case of defamation. Most of the

British Press Free Essays

Originally newspapers or newsletters were simply records of events and opinions. The earliest known printed newspaper in Britain was published in 1513 and was called TreweEncountre. In the 16th century the form of the newspapers changed. We will write a custom essay sample on British Press or any similar topic only for you Order Now Papers grew from newssheets for a small number of educated people into a medium of information and entertainment for the whole population. The power of the press was feared and censors stopped any article they saw as being against the state. In 1814 The Times used a new kind of printing machine – The Koenig Press which made it possible to produce 1000 copies an hour instead of 20. National distribution was made possible with the development of the railway system. The stronger and wealthier papers such as The Times and the Daily Telegraph became first true national daily papers in Britain. More daily newspapers, national and regional, are sold for every person in Britain than in most other developed countries. Britain’s press is unusual it is divided into two very different types of newspapers: the quality press (broadsheets) and the popular press (tabloids). There is no state control or censorship of the press, but it is subject to the general laws of publication. The press caters for a variety of political views, interests and levels of education. Newspapers are almost always financially independent of any political party. Where they express pronounced views and show obvious political leanings in their editorial comments. Newsprint, about three-quarters of which is imported, forms about a quarter of average national newspaper costs. In addition to sales, many newspapers and periodicals derive considerable earnings from their advertising. Ownership of the national, London and regional newspapers is concentrated in the hands of a number of large press publishing groups. Most people usually read the Leader (or editorial); it helps them form opinions on things. Although national newspapers give you all the important news, if you want to sell your car or smth, the classified ads is the best place. Most British Sunday papers have supplements with articles on food, travel and fashion. These supplements often contain features on new technology. One thing people always read in the paper is the obituaries’. Teenagers prefer magazines, especially the ‘agony columns’. It is amazing how people are prepared to discuss their most intimate problems publicly with an ‘agony aunt’. A newspaper story has evolved to meet the requirements of everyday life as lived by everyday readers. It relies on the lements of novelty, directness, pace and variety and it strives to convey its information in the form most in keeping with the tempo of our times. We can divide the newspapers story as it strikes our eye on the newspaper page into 3 parts: 1) The Headline 2) The first paragraph 3) The remainder of the story The headline first attracts us. Its message is terse, abrupt and often startling. It tells us quickly what the story covers. It would be difficult to overstate the importance of opening paragraph or lead. Always this lead remains the primary concern of the newspaper writer. Because the present-day reader resembles the man who both runs and reads, present-day newspapers seek to facilitate him getting the information quickly. The convention has developed of telling the main facts of the news story in its first lead paragraph. This convention requires that in the lead the reporter answers the questions which would occur to any normal person when confronted with the announcement of an event. These questions, called the five W’s, are: Who? What? When? Where? Why? And How? The best-written lead not only satisfies the reader’s initial curiosity, but whets his appetite to read more. How to cite British Press, Papers

Non Profit Organization Management

Question: Discuss about the Non Profit Organization Management. Answer: Introduction This assignment is based on the subject of non-profit organization management. During this assignment, the main focus is made on the problems at Care Child, which is a non-profit making care providing organization for the street children. In the beginning, the study discloses the specific problems of the organization and then it identifies the theories and approaches, which may help to solve the problems. At last, some recommendations are made for the future betterment of the organization. Problems at the non-profit organization There are several problems that a non-profit organization like Care Child faces at most of the times. These problems are mainly related to increasing the income, high cost of administration, less awareness in the society and less support from the local political parties. These four are the basic political problem that Care Child is currently facing and wants immediate solution for solving the problems. The problem in increasing the income takes place because the level of expenses of the organization is much high than the other non-profit organization (Kearns 1996). The management of the organization has emphasized more on the expansion of the organization. On the other side, the administrative costs of the organization is high because in order to provide proper care to the children, then organization needs to arrange many things like, food, accommodation, medical facilities, education and many other things. However, as the organization has a problem in fundraising or increasing the income level, the burden of administrative cost is high (ONeill 2003). On the other side, the organization is lacking behind to communicate with the society. In survey, the management has identified that many people are not aware of the activities of Care Child and this is same for the local political parties. Due to this, the organization does not get proper financial and other supports from the society . Theories and approaches to solve the problems The above-mentioned problems at Care Child can be solved with the help of some theories and approaches. For example, increasing the income is a problem at Care Child and in order to solve this problem, the management of the organization can emphasize on the Theory of integrity (ONeill 2003). This particular theory suggests that the organization must have the fundamental knowledge of ethical practices. At the same time, the theory also suggests that the non-profit organizations must consider their mission first than the business expansion or unnecessary expenses. Middleton (1987) stated that the organization must take care of its Core Values. The organization can use the suggestions of these theories by focusing on their aim that is providing proper care to the children. The organization must use its resources properly as suggested by the integrity theory.. On the other side, the management of the organization can focus on the Theory of accountability to handle the problem of high administrative cost (Jeavons 1992). This theory suggests that the non-profit organizations must be accountable to its supporter. Therefore, if Care Child meets its accountability, then there are more chances that the organization will get more support in the form of donations from the society (Perrow 1986). If the organization maintains its operations on the ethical ground, then it will get more financial backup, which will help the organization to manage its administrative cost. In order to solve the problems of less social awareness and less support from the political parties can be solved by emphasizing on the theory of Service. The service of a non-profit organization is for public good. Therefore, by focusing on the theory of service, the management of Care Child should improve its quality of service and promote that in front of the society. Martin (2000) stated that if the organization makes the people aware about its services or activities by focusing more on its services, then it will automatically get support from the local political partied and people in the society. Recommendations for the problems In the above discussions, it has been identified that there are several theories that can help the management of Care Child to solve the problems. However, the theories can be used by the organization with the help of preparing and implementing the strategies. Some possible strategies are recommended below for the future benefit of the organization. The organization can implement a proper control system to ensure the proper use of resources. If the organization uses its resources properly, then it will be able to meet the theory of integrity. The organization can publish its financial statements in a proper manner. If the organization does this, then everyone will be sure about the level of transparence of the activities of Care Child; hence, the theory of accountability will be maintained by the organization. The organization can manage the administrative cost and get support from the political parties by emphasizing more on its services. The services of the organization should clearly indicate the public benefit, so that people can trusts the organization and can provide financial help to it. Pros and cons of the recommendations If the organization applies the first recommendation, then it can easily increase its income by controlling the use of resources and cost. However, in order to do that, the organization may face the internal conflicting situation (Mason 1992). If the organization takes the second recommendation, then it can maintain its transparence level and accountability, but the operating cost of the organization will be high because it needs to appoint people for maintaining all the records and preparing financial statements. If the organization takes the third recommendation, then it can collect more fund or financial resource in the form of donation. However, in order to do that, the organization will require investing its time in the meeting and other activities of local parties, at the same time, the organization needs to invest more money improving the activties (Jeavons 1992). Conclusion In this study, it has been identified that Care Child is a non-profit organization, which is facing several problems at current scenario. The major problems of the organization are in fund-raising or increasing the income, high administrative cost and proper awareness. However, the organization can improve the situation by using several theories like, integrity theory, accountability theory and service theory and core values. The recommendations have been provided to help the organization in future days. Reference list Kearns, K. P. Managing for Accountability.San Francisco: Jussey-Bass, 1996. ONeill, M.Nonprofit Nation: A New Look at the Third America. San Francisco: Jussey-Bass, 2003. ONeill, M. "Public Confidence in Nonprofit Organization."Nonprofit and Voluntary Sector Quarterly38, no. 2: 237 269, 2003. Middleton, M. "Nonptofit Boards of Directors: Beyond the Governance Function." The Nonprofit Sector: A Research Handbook, 1987. Jeavons, T. H. "When Management Is the Message: Relating Values to Management Practice in Nonprofit Organization."Nonprofit Management and Leadership: 2, no. 4: 403 421,1992. Perrow, M. W. Meaningful Work: Rethinking Professional Ethics. New York: Random House, 1986. Martin, C. Complex Organizations: A Critical Essay.(3rd ed.) New York: Oxford University Press, 2000. Mason, D. E. "Ethics and the Nonprofit Leader."Nprofit World,10, no. 4, 30 32, 1992.