Defamation in Business Law
What is Defamation?

Defamation is when a peson's eputation o chaacte is damaged (o injued) due to the false statements o actions of othes. A defamatoy statement can affect both a peson as well as a copoation. This is a black spot on a peson's good name. It tanishes the eputation of a peson and can leave it in tattes. It is moe like an impope attack against a peson's ight to his/he good name and eputation Defamation is a false attack on you good name.

The only question which emains is will the statement will lowe the peson o copoation's standing in the eyes of the wold? Will it cause othe people to avoid dealing with the plaintiff in a pesonal o business setting? Howeve not evey defamatoy statement is taken to be a valid defamatoy claim by a cout of law. Not all defamatoy statements ae false.…...

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reference: Employers Button Lips," Wall Street Journal, January 4, 1990, p. B1.

Defamation
Business Ethics Case 3.5: Defamation and Change of Venue

The National Enquirer is a tabloid newspaper and as such, makes its revenue primarily from printing stories regarding public figures that are not inherently supported by meaningful investigative journalism, professional ethics, protection of privacy or adherence to responsible fact-finding. This is demonstrated in the defamation and invasion-of-privacy case delineated here, where Shirley Jones has pressed charges against the widely popular publication for printing an article which she believed portrayed her inaccurately and in a manner that will have damaged here reputation as a performer or as a private citizen.

Because the publication and its president are based in Florida and the suit has been brought in California, there is some pertinent debate regarding the defendant's attempt to have the venue moved to its home state. Here, The National Enquirer has appealed to the argument that its operations being in Florida and the original…...

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Works Cited:

Cheeseman, H.R. (2010). The Legal Environment of Business and Online Commerce. Prentice Hall.

JRank. (2003). Libel and Slander - The Public Figure Doctrine: An Unworkable Concept? Law.jrank.org.

Defamation
The idea behind defamation law is very simple. If and when the reputation of an identifiable third person is lowered by the communication from one person to one or more person/persons and where the communicator has no legal defense it is called defamation. Balancing of the right of a person to protect his reputation with free speech is aimed at the formation of the defamation law. Defamation law is divided into two viz. oral and published. "Comments or stories told at a party or meeting is called Oral defamation or 'slander'." 1. TV broadcasting or a newspaper article is published defamation also known as 'libel'. Libel defamation includes pictures and words also. Anything that badly affects the reputation of a person is defamatory.

If a comment takes a person into disrepute, contempt, or ridicule is very likely to be defamatory. Defamation consists of libel and slander. Libel is defamation by writing…...

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Works Cited

Barendt, Eric. Lustgarten, Laurence. Norrie, Kenneth and Stephenson, Hugh. "Libel and the Media: Te Chilling Effect "Oxford: Oxford University Press, 1997 pp.32-36;

Beder, Sharon. "SLAPPs: Strategic Lawsuits Against Public Participation," Current Affairs Bulletin, Vol. 72, No. 3, October / November 1995, pp. 22-29.

Bowman, David "The story of a review and its $180,000 consequence," Australian Society, volume 2, number 6, 1 July 1983, pp. 28-30.

Counts, C; Martin, A. "Libel in Cyberspace: A Framework for Addressing Liability and Jurisdictional Issues in this New Frontier," Albany Law Review, 1996, vol 59, p.45-48

Introduction There are many cases involving junior employees faking accusations against the senior employees around the world. The intention by the junior employees to do this is often dependent on the individual employees and their work environments. However, the impact of their slander is adverse as it can lead to the dismissal of the top leaders (Kenyon, 2013). When CEOs are fired because of false accusations by the junior officers, the legal directors of the company are deemed to have failed in protecting the CEOs against false accusations. They are the ones mandated to ensure that everything within organizations run well and no individual suffers any unjust attack. As a result, it is necessary for the board of trustees to be vigilant to note and stop any attempt by employees to hurt the top management on baseless accusations. The United Kingdom law forbids against any unjust accusations on individuals for selfish…...

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References

Annen, K. (2011). Lies and slander: Truth-Telling in Repeated Matching games with Private Monitoring. Social choice and Welfare, 37(2), 269-285.

Ansley, B.J. (2017). Criminal defamation and reputation as ‘Honour’: A Cross-Jurisdictional Perspective. Journal of Media Law, 9(1), 132-152.

Bennis, W., Goleman, D. J., & O\\'Toole J. (2010). Transparency: How leaders create a culture of candor. London: John Wiley & Sons

Duffy, M.J. & Alkazemi, M. (2017). Arab Defamation Laws: A Comparative Analysis of Libel and slander in the Middle east. Communication Laws and Policy, 22(2), 189-211.

Gomez-Bravo, A.M. (2015). Slander and the right to be author in Fifteenth-Century Spain. Journal of Spanish Cultural Studies, 16(3), 239-253.

Kenyon, A. (2013). Defamation: Comparative law and practice. London: CRC Press

Kenyon, A. T. (2016). Comparative Defamation and Privacy Law. Cambridge: Cambridge University Press

Krzanich, A. (2011). Virtue and Vindication: an Historical analysis of sexual slander and woman’s Good Name. Auckland University law review, 17(1), 33-59.

False PersonasIn the case of Jesse Gullickson of Brown Country Minnesota, a clear example of the online use of false personas can be seen: Gullickson impersonated a professional wedding photographer through the creation of fake profiles in order to lure women and asks for nude pictures. The catfishing victim, Bobby Faerber provided police with evidence of what Gullickson was doing, and Gullickson was charged with criminal defamation and convicted (Raguse, 2019). In my opinion, the case was decided rightly, as Gullickson was clearly impersonating Faerber through an online false persona intending to use Faerbers good name, brand, and reputation to solicit women for his own personal benefit. Faerbers own reputation was hurt in the process, as his good name became tarnished by Gullicksons actions. The charge of criminal defamation made perfect sense, and the case was rightly decided.In some cases, people may create false personas for legal reasons. For example,…...

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References

Raguse, L. (2019). Catfishing case lands in MN criminal courtroom. Retrieved from

 https://www.kare11.com/article/news/crime/89-f1539048-4c03-4d07-9273-e6f35d0b8f29 

Defamation & Anonymity
The world of communications, both online and print, needs major over hauls in laws and teaching society to respect each other. Internet communications should be awarded the same protection, rights, and consequences as communications in print media. News organizations should not be singled out where anonymity is concerned. Printers are required to protect anonymity except if they are a news organization. It would be much easier for society if everyone had to follow the same rules, with a few exceptions of reprisal or embarrassment.

Some feel that anonymous posters should have the same protection as a journalist's confidential sources. Confidential sources are not anonymous (Wasserman). The journalist knows who the source is and is required to evaluate the creditability of the information and the vulnerability of the source. The reporter shield laws express trust in the reporter's expertise of evaluating the value and creditability of the information and protecting…...

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Bibliography

Marques Gonzalez, A. (2013, Feb 09). Why the Hearld is changing its commenting policy. Retrieved from The Miami Herald: http://www.miamiherald.com/2013/02/09/3226188/from-the-editor-the-quest-for.html

Wasserman, E. (n.d.). Limit anonymity for Internet critics.

Yelvington, S. (n.d.). Why anonymity exists and works on newspapers' web sites.

Hall by publishing the truth in any letter of recommendation (Dershowitz,
2002).

In reality, Dean Moore's refusal was not the result of any prejudicial or otherwise impermissible basis. Nevertheless, the dean's strongest possible position would be to offer to write the requested letter but to inform Ms. Hall that any such letter would necessarily, as a matter of social responsibility and sound public policy, have to include a description of the circumstances of Ms. Hall's departure from NBSU in conjunction with an objective and fair description of her actual academic performance and technical competence. Even if her refusal to provide any letter is justified, defending a discrimination lawsuit is expensive and potentially damaging to the institution. On the other hand, there is no such thing as a legal claim arising from someone's refusal to lie and any suit brought by Ms. Hall based on the dean's insistence on full disclosure would…...

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References

Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:

Simon & Schuster.

Halbert, T, Ingulli, E. (2007). Law & Ethics in the Business Environment. Cincinnati,

OH: West.

This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss.
4. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of three times the average weekly earnings in New South Wales for the most recent quarter occurring before the date of the award.

5. Future economic loss predictions, for the purpose of making an award, must be based on assumptions that accord with the claimant's most likely future circumstances but for the injury. If the court makes an award for future economic loss, it must adjust the amount determined by reference to the percentage possibility that, but for the injury, certain events…...

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References

Amponsah, P.N. 2004. Libel Law, Political Criticism, and Defamation of Public Figures: The

United States, Europe, and Australia. New York: LFB Scholarly Publishing.

Bailey, R.J. 1976. "Trespass negligence and Venning v Chin." The Adelaide Law Review, vol. 5,

no. 4, pp. 402-427.

Mr. Knievel,
Pursuant to your request I have reviewed the circumstances surrounding your concern as to whether you have a viable case for defamation. Please be advised that this analysis is based entirely upon the facts presented by you and that any variation in the actual facts can alter the situation entirely or mitigate the possible damages.

Please be aware that the area of defamation is a difficult one and that the elements of your claim are dependent entirely upon whether or not the defendant in this case is considered a public or private figure. Also, you should be aware that, unlike many causes of action, defamation laws vary significantly from state to state, so being full advised as to the law in your particular jurisdiction is essential.

Whether the defamation in your case is one of libel, a written statement, or slander, an oral statement, the statement itself must be false.…...

Journalist
Peace Journalist in Iraq

While it is always critical for journalists who are war correspondents (Appeals Chamber, 2002) to exercise extreme care in reporting on what they see, they still have many basic rights and obligations that need to be protected and actively defended. In this instance, many of these are directly threatened and must be addressed because they could be seen as extreme encroachments upon core Constitutional expectations. In particular, there seem to be at least the following major points that could be used as the basis for a successful defense:

There is no indication that the incident in question is of sufficient importance to justify a direct suppression of the First Amendment right to the Freedom of the Press. The fact that there is or might be a verbal agreement and a PR strategy would not constitute as justification for not reporting on what amounts to otherwise criminal wrong-doing,…...

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NYT v. Sullivan (2011). From Wikipedia at  http://en.wikipedia.org/wiki/New_York_Times_Co._v._Sullivan .

Robbe, A. (2011). The Embedded War Journalism Controversy. Knol. Viewable at http://knol.google.com/k/the-embedded-war-journalism-controversy#.

Winslow, D. (2009). New Afghanistan embedded rule bars photographing troops killed in action. National Press Photographers Association. Viewable at  http://nppa.org/news_and_events/news/2009/10/embed.html .

The problem is that there is no protection against this issue. This is due to the newsfeed in the profile of each user. The argument of the company is that the news feed will ensure the users get to see more content from others. however, this means that there is no certainty of the next item that the user will see on the news feed. This is a serious privacy issue to the user because they cannot view their news feed at free will because of fear on the content of the feed (Milenkovski, 2011, p1). This limits the convenience of this site to the users because of the indecency that arises out of the website.
In this instance, the company should introduce appropriate measures to curb against this issue on indecency. There should be software that detects some indecent language. This will then inhibit the viewing of such information…...

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References

Butler, E, McCann, E, & Thomas, J 2011, 'Privacy Setting Awareness on Facebook and Its

Effect on User-Posted Content', Human Communication, 14, 1, pp. 39-55,

Communication & Mass Media Complete, EBSCOhost, viewed 29 April 2012.

Claypoole, T., & Payton, T. (2012). Protecting your Internet identity: are you naked online?

al, 2002). In addition, change occurs quicker when leadership is diverse, as well (Hampton and Lee, 2007). Finally, ethnicity and diversity issues should be included in organizational behavior courses, so that all business and industry has more access to this information (Mamman, 1996). Change must occur in our society, and an end to prejudice must be achieved for our society and our workplaces to be truly free and equal.
eferences

Barnes & Noble, & the Anti-Defamation League. (2001). 101 ways to combat prejudice. etrieved 19 March 2008 from the Anti-Defamation League Web site: http://www.adl.org/prejudice/closethebook.pdf.

Ehrlich, H.J. (2002). Understanding hate crimes. etrieved 19 March 2008 from the Prejudice Institute Web site: http://www.prejudiceinstitute.org/understandinghatecrimes.html.

Green, K.A., L pez, M, Wysocki, a., and Kepner K. (2002). Diversity in the workplace: Benefits, challenges, and the required managerial tools. etrieved 19 March 2008 from the University of Florida Web site: http://edis.ifas.ufl.edu/H022.

Griessman, G. (1993). What is diversity? etrieved 19 March…...

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References

Barnes & Noble, & the Anti-Defamation League. (2001). 101 ways to combat prejudice. Retrieved 19 March 2008 from the Anti-Defamation League Web site:  http://www.adl.org/prejudice/closethebook.pdf .

Ehrlich, H.J. (2002). Understanding hate crimes. Retrieved 19 March 2008 from the Prejudice Institute Web site: http://www.prejudiceinstitute.org/understandinghatecrimes.html.

Green, K.A., L pez, M, Wysocki, a., and Kepner K. (2002). Diversity in the workplace: Benefits, challenges, and the required managerial tools. Retrieved 19 March 2008 from the University of Florida Web site:  http://edis.ifas.ufl.edu/HR022 .

Griessman, G. (1993). What is diversity? Retrieved 19 March 2008 from the Multi-Cultural Center Web site: http://www.multi-culturalcenter.org/diversity.php.

Employee Privacy Torts
Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to employee privacy and especially monitoring of employee behavior. Employee privacy is respected in many of the large corporations. However, there still exist some breaches in employee privacy. Small business owners are at most risk as a result of their increased monitoring practices and close employer-employee interaction.

Historical background

oberson v. ochester Folding Box Company

One of the major cases that brought employee privacy to the limelight was oberson v. ochester Folding Box Company

Franklin Mills Co. decided to appeal the decision. The appellate found…...

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References

Anderson v. City of Philadelphia, 845 F. 2d 1216 (1988).

Borse v. Piece Goods Shop, 963 F.2d 611 (1991).

Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1988).

City of Ontario v. Quon, 130 S.Ct. 2619, 560 U.S. (2010).

access LexisNexis database Keller Library, student resources tab Course Home
According to the court in this case, the most "jealously" protected free speech is that which prohibits people from taking about matters of public interest and the ideas and notions that surround the concerns of the public.

The Supreme Court of New York originally decided that the defendant's grounds to dismiss the plaintiff's action because there was not a cause of action stated.

The fact in this case are that a radio station made disparaging remarks about a newlywed woman, Annette Esposito-Hilder, in its daily programming show called "Ugliest Bride." However, these radio station representatives did something that they do not usually do which is to provide the real name of the bride, as well as that of her place of employment and of her employers. The bride claimed that doing so was an intentional infliction of emotional stress and took the defendants…...

ethical and legal guidelines for those in the counseling field are in place to assure that those practicing counseling set high standards. This paper covers several of the important ethical principles that are demanded of counselors -- and covers the CPT Codes related to invoices sent to insurance companies.
It is fundamental to any discussion of ethics in counseling that those leading groups are indeed qualified to be in that position. Just as it is not ethical for a dentist to practice when not fully trained or prepared, is it not ethical "…to practice any kind of counseling without proper preparation" (Jacobs, et al., 2011). An advanced degree from a college or university does not "make one qualified to lead groups," Jacobs continues (28). A group leader has the "ethical responsibility" to fully understand "group dynamics, group process, group leadership skills, and group development" (Jacobs, 28). If the counseling group…...

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Works Cited

American Counseling Association. (2014). 2014 ACA Code of Ethics. Retrieved July 13,

2014, from  http://www.counseling.org .

Griswold, B. (2010). 10 Easy Ways to Jeopardize Your License: Surprisingly Common

Forms of Insurance Fraud. The Therapist. Retrieved July 13, 2014, from  http://www.camft.org .

Based on an understanding of the facts about immigration in the modern-day United States, this would be a good topic for a thesis statement on immigration reform: Modern immigration rules and laws favor immigrants from some countries over others and place a significant financial burden on prospective immigrants and on those who would sponsor them; removing some of those financial burdens would incentivize legal immigration and therefore reduce the number of people seeking to enter the country as undocumented immigrants, helping resolve the country’s undocumented immigrant problem.

Before trying to write a thesis statement about immigration reform, it....

The Perils of Digital Identity: Exploring the Complexities of Internet Stalking

Introduction
In the labyrinthine realm of the Internet, the boundaries between anonymity and intimacy blur, giving rise to a menacing phenomenon known as internet stalking. This insidious practice, characterized by persistent online harassment, threats, and surveillance, has emerged as a pervasive threat to individuals' safety and well-being. This essay delves into the complex and thought-provoking issues surrounding internet stalking, examining its legal, ethical, and psychological implications.

Legal Dimensions
Internet stalking, often referred to as cyberstalking, poses significant legal challenges. Defining and prosecuting this crime can be complex due to the elusive nature of....

Outline of Arguments Supporting Freedom of Speech in Modern Society

I. Importance of Free Expression for Individual Liberty and Autonomy

A. Freedom of speech is a fundamental human right that allows individuals to express their thoughts, beliefs, and ideas without fear of censorship or persecution.
B. It empowers individuals to make informed decisions, foster personal growth, and shape their own identities.

II. Role of Free Speech in the Public Sphere

A. Open and uninhibited exchange of ideas is essential for a healthy and functioning democracy.
B. It enables citizens to engage in informed civic discourse, hold government accountable, and work towards social....

1. Silencing of diverse perspectives: Cancel culture can discourage people from expressing their opinions or sharing controversial ideas for fear of being cancelled. This can lead to a lack of diverse perspectives and stifled discourse.

2. Unwarranted destruction of careers and reputations: People who are cancelled may face backlash in the form of losing their jobs, being ostracized from their communities, or experiencing damage to their reputations that can have long-lasting effects on their lives.

3. Lack of forgiveness and redemption: Cancel culture often does not leave room for forgiveness or redemption, leading to a culture of intolerance and shunning of individuals....