The New York Press Association (NYPA) is a member organization of newspapers in New York State .
130-543: The NYPA provides editorial assistance, advice and counsel to its 800 member newspapers, advocates for best journalism practices, provides a libel hotline for member papers, and promotes journalism education . NYPA runs an annual journalism competition and provides training at an annual conference. NYPA is headquartered in Cohoes, New York . NYPA was founded September 8, 1853 when thirty-two newspapermen met in Elmira, New York for
260-443: A per se action: If the plaintiff proves that such a statement was made and was false, to recover damages the plaintiff need only prove that someone had made the statement to any third party. No proof of special damages is required. However, to recover full compensation a plaintiff should be prepared to prove actual damages. As with any defamation case, truth remains an absolute defence to defamation per se . This means that even if
390-525: A "Convention of the Editors and Publishers of Western and Southern New York." They banded together in part because of concerns about advertising rates and their work force but the exchange of information about mutual interests was also a motivating factor. At the time, NYPA was called the "Western New York Typographical Association." John Phelps of the Mayville Sentinel was its first president. The organization
520-578: A Quranic Welfare State individuals are free to work and live without the pressures faced by the threat of poverty, and thus can obey God's Laws as free individuals, contributing as part of a unified brotherhood working towards achieving humanity's full potential. Elaborations on dignity have been made by many scholars of Islam, such as Mohammad-Ali Taskhiri , head of the Islamic Culture and Communications Organization in Iran , in 1994. According to Taskhiri, dignity
650-428: A basis for international law. They said that using dignity as the basis for laws was a " natural law approach." The natural law approach, they said, depends upon "exercises of faith." McDougal, Lasswell, and Chen observed: The abiding difficulty with the natural law approach is that its assumptions, intellectual procedures, and modalities of justification can be employed equally by the proponents of human dignity and
780-419: A case the truth of the statements was no justification for the public and insulting manner in which they had been made, but, even in public matters, the accused had the opportunity to justify his actions by openly stating what he considered necessary for public safety to be denounced by the libel and proving his assertions to be true. The second head included defamatory statements made in private, and in this case
910-415: A certain inward and toned-down but yet translucent and perceptible power of self-assertion: the dignified type of character is chary of emphatic activity rather than sullenly passive, perhaps impassive rather than impassible, patient rather than anxiously defensive, and devoid but not incapable of aggressiveness. Human dignity can be violated in multiple ways. The main categories of violations are: Some of
1040-466: A child with a Christian man, and that this act was common. Following Osborne's anti-Semitic publication, several Jews were attacked. Initially, the judge seemed to believe the court could do nothing since no individual was singled out by Osborne's writings. However, the court concluded that "since the publication implied the act was one Jews frequently did, the whole community of Jews was defamed." Though various reports of this case give differing accounts of
1170-761: A commoner in England was known as libel or slander, the defamation of a member of the English aristocracy was called scandalum magnatum, literally "the scandal of magnates". Following the Second World War and with the rise of contemporary international human rights law , the right to a legal remedy for defamation was included in Article 17 of the United Nations International Covenant on Civil and Political Rights (ICCPR), which states that: This implies
1300-406: A criminal offence and provide for penalties as such. Article 19 , a British free expression advocacy group, has published global maps charting the existence of criminal defamation law across the globe, as well as showing countries that have special protections for political leaders or functionaries of the state. There can be regional statutes that may differ from the national norm. For example, in
1430-408: A defamation action typically requires that a plaintiff claiming defamation prove that the defendant: Additionally, American courts apply special rules in the case of statements made in the press concerning public figures, which can be used as a defence. While plaintiff alleging defamation in an American court must usually prove that the statement caused harm, and was made without adequate research into
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#17328769417261560-459: A famous trademark has been diluted through tarnishment, see generally trademark dilution , " intentional interference with contract ", and "negligent misrepresentation". In America, for example, the unique tort of false light protects plaintiffs against statements which are not technically false but are misleading. Libel and slander both require publication. Although laws vary by state; in America,
1690-520: A human person", and also links animal welfare to human dignity: "it is contrary to human dignity to cause animals to suffer or die needlessly". The Catholic Church proclaims the equal dignity of all people, regardless of their living conditions or qualities. This dignity "comes from the love of the Creator" for humans that are created in his image; this dignity was further elevated by the incarnation and resurrection of Christ, since it caused humans to share
1820-458: A humiliating or degrading manner), et cetera. "Fama" is a generic term referring to reputation and actio iniuriarum pertaining to it encompasses defamation more broadly Beyond simply covering actions that fall within the broader concept of defamation, "actio iniuriarum" relating to infringements of a person's corpus provides civil remedies for assaults, acts of a sexual or indecent nature, and 'wrongful arrest and detention'. In Scots law , which
1950-628: A journalist's right to protect confidential sources . Senator Robert F. Kennedy addressed a group of NYPA editors on Feb. 12, 1968, criticizing the proliferation of governmental units and calling for more a centralized plan of attack on Hudson River pollution. Since 1930, NYPA has run a statewide "Better Newspaper Competition" awarding prizes to newspapers for journalism. The journalism competition dates back to 1875 when NYPA began offering prizes of $ 3 to $ 5 for news writing and printing. In 1975, Ann V. Dulye of Walden, New York and co-publisher of The Stewart Citizen and Citizen-Herald of Walden, became
2080-434: A libel case in an American court, the statement must have been published knowing it to be false or with reckless disregard to its truth (i.e. actual malice ). The Associated Press estimates that 95% of libel cases involving news stories do not arise from high-profile news stories, but "run of the mill" local stories like news coverage of local criminal investigations or trials, or business profiles. An early example of libel
2210-498: A long history stretching back to classical antiquity. While defamation has been recognized as an actionable wrong in various forms across historical legal systems and in various moral and religious philosophies, defamation law in contemporary legal systems can primarily be traced back to Roman and early English law. Roman law was aimed at giving sufficient scope for the discussion of a man's character, while it protected him from needless insult and pain. The remedy for verbal defamation
2340-433: A lower caste , and more often by women than men. Female genital mutilation (FGM) has been considered by Pope Francis I to be an example of a practice that violates human dignity. The movie The Magic Christian depicts a wealthy man ( Peter Sellers ) and his son ( Ringo Starr ) who test the limits of dignity by forcing people to perform self-degrading acts for money. The Simpsons episode " Homer vs. Dignity " has
2470-518: A manager, contest judges and convention assistance. NYPA was headquartered at Syracuse from 1937 through 1982, when it moved to Albany, New York . In 1945, the New York Press Service was officially established as the profit-making arm of NYPA. It generates revenue, primarily through advertising sales, to support the entire operation. Members of the NYPA traveled to Washington, D.C., to meet with
2600-461: A person that is included in a personal database and that one knows to be false, is punished with six months to three years in prison. When there is harm to somebody, penalties are aggravated by an extra half (Article 117 bis, §§ 2nd and 3rd). Defamation law in Australia developed primarily out of the English law of defamation and its cases, though now there are differences introduced by statute and by
2730-558: A provably false factual connotation. Subsequent state and federal cases have addressed defamation law and the Internet. American defamation law is much less plaintiff-friendly than its counterparts in European and the Commonwealth countries . A comprehensive discussion of what is and is not libel or slander under American law is difficult, as the definition differs between different states and
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#17328769417262860-621: A right to legal protection against defamation; however, this right co-exists with the right to freedom of opinion and expression under Article 19 of the ICCPR as well as Article 19 of the Universal Declaration of Human Rights . Article 19 of the ICCPR expressly provides that the right to freedom of opinion and expression may be limited so far as it is necessary "for respect of the rights or reputations of others". Consequently, international human rights law provides that while individuals should have
2990-577: A similar plot. A philosopher of the Renaissance, Pico della Mirandola , granted dignity to ideas and to beings. In his " Oration on the Dignity of Man ", he told hostile clerics about the dignity of the liberal arts and about the dignity and the glory of angels . His comments implied the dignity of philosophers. This oration is commonly seen as one of the central texts of the Renaissance , intimately tied with
3120-430: A statement, even if truthful, intended to harm the claimant out of malice; some have a separate tort or delict of " invasion of privacy " in which the making of a true statement may give rise to liability: but neither of these comes under the general heading of "defamation". The tort of harassment created by Singapore's Protection from Harassment Act 2014 is an example of a tort of this type being created by statute. There
3250-471: A thing is an end in itself only if it has a moral dimension; if it represents a choice between right and wrong. In Kant's words: " Morality , and humanity as capable of it, is that which alone has dignity." Specifically with respect to human dignity, which his writings brought from relative obscurity in Western philosophy into a focal point for philosophers, Kant held that "free will" is essential; human dignity
3380-499: Is 'little historical basis in Scots law for the kind of structural difficulties that have restricted English law' in the development of mechanisms to protect so-called 'rights of personality'. The actio iniuriarum heritage of Scots law gives the courts scope to recognise, and afford reparation in, cases in which no patrimonial (or 'quasi-patrimonial') 'loss' has occurred, but a recognised dignitary interest has nonetheless been invaded through
3510-465: Is 40,000 ALL to three million ALL (c. $ 25 100 ). In addition, defamation of authorities, public officials or foreign representatives (Articles 227, 239 to 241) are separate crimes with maximum penalties varying from one to three years of imprisonment. In Argentina , the crimes of calumny and injury are foreseen in the chapter "Crimes Against Honor" (Articles 109 to 117-bis) of the Penal Code. Calumny
3640-497: Is a state to which all humans have equal potential , but which can only be actualized by living a life pleasing to the eyes of God. This is in keeping with the 1990 Cairo Declaration on Human Rights in Islam , which states that "True faith is the guarantee for enhancing such [basic human] dignity along the path to human perfection". Ultimately, the Buddhist understanding of human dignity
3770-503: Is a violation of dignity even in the absence of more direct violations. Relative poverty , on the other hand, is a violation because the cumulative experience of not being able to afford the same clothes, entertainment, social events, education, or other features of typical life in that society results in subtle humiliation; social rejection; marginalization; and consequently, a diminished self-respect. Another example of violation of human dignity, especially for women in developing countries,
3900-417: Is also, in almost all jurisdictions, a tort or delict of " misrepresentation ", involving the making of a statement that is untrue even though not defamatory. Thus a surveyor who states a house is free from risk of flooding has not defamed anyone, but may still be liable to someone who purchases the house relying on this statement. Other increasingly common claims similar to defamation in U.S. law are claims that
4030-439: Is best understood as an essentially contested concept . As he argues, "it seems that it is this very nature of the concept that has allowed, on the one hand, human rights to receive such international acceptance as a theoretical enterprise and, on the other hand, has led the concept to be constantly challenged by different cultures worldwide." Human dignity is a central consideration of Christian philosophy . The Catechism of
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4160-553: Is clear and accessible to everyone", 2) "proven to be necessary and legitimate to protect the rights or reputations of others", and 3) "proportionate and the least restrictive to achieve the purported aim". This test is analogous to the Oakes Test applied domestically by the Supreme Court of Canada in assessing whether limitations on constitutional rights are "demonstrably justifiable in a free and democratic society" under Section 1 of
4290-431: Is closely related to Roman Dutch law, the remedy for defamation is similarly the actio iniuriarium and the most common defence is "veritas" (i.e. proving the truth of otherwise defamatory statement). Defamation falls within the realm of non-patrimonial (i.e. dignitary) interests. The Scots law pertaining to the protection of non-patrimonial interests is said to be 'a thing of shreds and patches'. This notwithstanding, there
4420-544: Is defined as "the false imputation to a determined person of a concrete crime that leads to a lawsuit" (Article 109). However, expressions referring to subjects of public interest or that are not assertive do not constitute calumny. Penalty is a fine from 3,000 to 30,000 pesos . He who intentionally dishonor or discredit a determined person is punished with a penalty from 1,500 to 20,000 pesos (Article 110). He who publishes or reproduces, by any means, calumnies and injuries made by others, will be punished as responsible himself for
4550-405: Is derived from the Universal Declaration of Human Rights of 1948, summarized in the principle that every human being has the right to human dignity. In Article 1, it is stipulated that 'All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. The English word "dignity", attested from
4680-558: Is further affected by federal law. Some states codify what constitutes slander and libel together, merging the concepts into a single defamation law. New Zealand received English law with the signing of the Treaty of Waitangi in February 1840. The current Act is the Defamation Act 1992 which came into force on 1 February 1993 and repealed the Defamation Act 1954 . New Zealand law allows for
4810-408: Is intrinsically bound in the question of whether human beings are truly equal, which itself is bound in the question of whether human beings are a distinct class from all things, including animals, or vary from other things only by degree. Adler wrote that the only sense in which it is true that all human beings are equal is that they are equally distinct from animals. "The dignity of man," he said, "is
4940-632: Is lack of sanitation . Having no access to toilets leaves currently about 1 billion people of the world with no choice other than to defecation in the open , which has been declared by the Deputy Secretary-General of the United Nations as an affront to personal dignity. Human dignity is also violated by the practice of employing people in India for " manual scavenging " of human excreta from unsanitary toilets – usually by people of
5070-592: Is likely that Indian courts would treat this principle as persuasive precedent. Recently, incidents of defamation in relation to public figures have attracted public attention. The origins of U.S. defamation law pre-date the American Revolution . Though the First Amendment of the American Constitution was designed to protect freedom of the press, it was primarily envisioned to prevent censorship by
5200-755: Is more controversial as it involves the state expressly seeking to restrict freedom of expression . Human rights organisations, and other organisations such as the Council of Europe and Organization for Security and Co-operation in Europe , have campaigned against strict defamation laws that criminalise defamation. The freedom of expression advocacy group Article 19 opposes criminal defamation, arguing that civil defamation laws providing defences for statements on matters of public interest are better compliant with international human rights law. The European Court of Human Rights has placed restrictions on criminal libel laws because of
5330-545: Is no need to prove that specific damage or loss has occurred. However, Section 6 of the Act allows for a defamation action brought by a corporate body to proceed only when the body corporate alleges and proves that the publication of the defamation has caused or is likely to cause pecuniary loss to that body corporate. As is the case for most Commonwealth jurisdictions, Canada follows English law on defamation issues (except in Quebec where
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5460-562: Is not a definitional truth that human beings have human status." According to Arthur Schopenhauer , dignity is opinion of others about our worth and subjective definition of dignity is our fear from this opinion of others. Karl Marx 's views on dignity were complex, and debates over the role of dignity in his thought relate to the question of whether Marx's critique of capitalism had a moral dimension. Marx wrote positively about dignity in his early work , and suggested it could underpin his theory of alienation ; however he elsewhere rejected
5590-401: Is not defamation. While defamation torts are broadly similar across common law jurisdictions; differences have arisen as a result of diverging case law, statutes and other legislative action, and constitutional concerns specific to individual jurisdictions. Some jurisdictions have a separate tort or delict of injury , intentional infliction of emotional distress , involving the making of
5720-409: Is often purchased by publishers and journalists to cover potential damage awards from libel lawsuits. Roughly 3/4 of all money spent on claims by liability insurers goes to lawyers and only 1/4 goes to settlements or judgments, according to one estimate from Michelle Worrall Tilton of Media Risk Consultants. Some advise buying worldwide coverage that offers defense against cases regardless of where in
5850-411: Is rarely defined outright in political , legal , and scientific discussions. International proclamations have thus far left dignity undefined, and scientific commentators, such as those arguing against genetic research and algeny , cite dignity as a reason but are ambiguous about its application. Aurel Kolnai states: Dignity also tends to connote the features of self-contained serenity, of
5980-478: Is related to human agency, the ability of humans to choose their own actions. Philosophers of the late 20th century who have written significant works on the subject of dignity include Mortimer Adler and Alan Gewirth . Gewirth's views on human dignity are typically compared and contrasted with Kant's, for like Kant he theorizes that human dignity arises from agency. But while sharing Kant's view that rights arise from dignity, Gewirth focused far more than Kant on
6110-466: Is rooted in the idea that people are able to choose the path of self-perfection. The state of self-perfection, a condition of fully developed courage, wisdom and compassion, is described as Buddhahood or enlightenment. The idea that all people—all life, in fact—have this potential is expressed by the concept, stressed particularly in the Mahayana tradition, that all living beings possess Buddha nature. In
6240-455: Is that of truth. Proving the truth of an allegedly defamatory statement is always a valid defence. Where a statement is partially true, certain jurisdictions in the Commonwealth have provided by statute that the defence "shall not fail by reason only that the truth of every charge is not proved if the words not proved to be true do not materially injure the claimant's reputation having regard to
6370-455: Is the right of a person to be valued and respected for their own sake, and to be treated ethically. In this context, it is of significance in morality , ethics , law and politics as an extension of the Enlightenment -era concepts of inherent, inalienable rights . The term may also be used to describe personal conduct, as in "behaving with dignity". The content of contemporary dignity
6500-499: Is the case of John Peter Zenger in 1735. Zenger was hired to publish the New York Weekly Journal . When he printed another man's article criticising William Cosby , the royal governor of Colonial New York , Zenger was accused of seditious libel . The verdict was returned as not guilty on the charge of seditious libel, because it was proven that all the statements Zenger had published about Cosby had been true, so there
6630-513: Is the fundamental principle of the German constitution . Article 1, paragraph 1 reads: "Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority." Human dignity is thus mentioned even before the right to life . This has a significant impact on German law-making and jurisdiction in both serious and trivial items: The word 'dignity' is mentioned in the Preamble to
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#17328769417266760-492: Is typically regarded as a tort for which the offended party can take civil action . The range of remedies available to successful plaintiffs in defamation cases varies between jurisdictions and range from damages to court orders requiring the defendant to retract the offending statement or to publish a correction or an apology. Modern defamation in common law jurisdictions are historically derived from English defamation law . English law allows actions for libel to be brought in
6890-521: The California Code of Civil Procedure and Ontario's Protection of Public Participation Act do so by enabling defendants to make a special motion to strike or dismiss during which discovery is suspended and which, if successful, would terminate the lawsuit and allow the party to recover its legal costs from the plaintiff. There are a variety of defences to defamation claims in common law jurisdictions. The two most fundamental defences arise from
7020-634: The Canadian Charter of Rights and Freedoms , the " necessary in a democratic society " test applied by the European Court of Human Rights in assessing limitations on rights under the ECHR, Section 36 of the post- Apartheid Constitution of South Africa , and Section 24 of the 2010 Constitution of Kenya. Nevertheless, the worldwide use of criminal and civil defamation , to censor, intimidate or silence critics, has been increasing in recent years. In 2011,
7150-444: The Commonwealth of Independent States , America, and Canada. Questions of group libel have been appearing in common law for hundreds of years. One of the earliest known cases of a defendant being tried for defamation of a group was the case of R v Orme and Nutt (1700). In this case, the jury found that the defendant was guilty of libeling several subjects, though they did not specifically identify who these subjects were. A report of
7280-457: The Supreme Court of Canada rejected the actual malice test adopted in the US case New York Times Co. v. Sullivan . Once a claim has been made, the defendant may avail themselves of a defence of justification (the truth), fair comment, responsible communication, or privilege. Publishers of defamatory comments may also use the defence of innocent dissemination where they had no knowledge of the nature of
7410-794: The U.S. President Ulysses S. Grant in May 1874. On June 9, 1875, the 21st annual meeting of the NYPA was held in Elmira. About 40 members of the Alabama Press Association also attended the meeting. On June 8, 1881, the NYPA held its 25th annual meeting in Utica, New York ., with William Curtis of Harper's Weekly giving an address to 2,500 attendees. NYPA's annual meetings have featured a variety of newsmakers discussing industry issues as well as state and national politics: Governor Franklin Roosevelt addressed
7540-576: The United Nations Human Rights Committee published their General comment No. 34 (CCPR/C/GC/34) – regarding Article 19 of the ICCPR. Paragraph 47 states: Defamation laws must be crafted with care to ensure that they comply with paragraph 3 [of Article 19 of the ICCPR], and that they do not serve, in practice, to stifle freedom of expression. All such laws, in particular penal defamation laws, should include such defences as
7670-519: The World Medical Association issued the Declaration of Helsinki . The Declaration says at article 11, "It is the duty of physicians who participate in medical research to protect the life, health, dignity, integrity , right to self-determination , privacy , and confidentiality of personal information of research subjects." The Council of Europe invoked dignity in its effort to govern
7800-401: The defence of truth and they should not be applied with regard to those forms of expression that are not, of their nature, subject to verification. At least with regard to comments about public figures , consideration should be given to avoiding penalizing or otherwise rendering unlawful untrue statements that have been published in error but without malice. In any event, a public interest in
7930-466: The worth of human beings. In general, the term has various functions and meanings depending on how the term is used and on the context. In ordinary modern usage, the word denotes " respect " and " status ", and it is often used to suggest that someone is not receiving a proper degree of respect , or even that they are failing to treat themselves with proper self-respect. There is also a long history of special philosophical use of this term. However, it
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#17328769417268060-461: The 20th century, dignity became an issue for physicians and medical researchers. It has been invoked in questions of the bioethics of human genetic engineering , human cloning , and end-of-life care (particularly in such situations as the Terri Schiavo case , a controversial situation in which life support was withdrawn from a woman diagnosed in a persistent vegetative state ). In June 1964,
8190-506: The Catholic Church insists that the "dignity of the human person is rooted in his or her creation in the image and likeness of God ". "All human beings", says the Church , "in as much as they are created in the image of God, have the dignity of a person." The catechism states that "the right to the exercise of freedom belongs to everyone because it is inseparable from his or her dignity as
8320-472: The Constitution of India : WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and
8450-476: The Dutch Caribbean) gives rise to a claim by way of " actio iniuriarum ". For liability under the actio iniuriarum , the general elements of delict must be present, but specific rules have been developed for each element. Causation, for example, is seldom in issue, and is assumed to be present. The elements of liability under the actio iniuriarum are as follows: Under the actio iniuriarum , harm consists in
8580-592: The English-speaking world, the law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech). It is treated as a civil wrong ( tort , delict ), as a criminal offence , or both. Defamation and related laws can encompass a variety of acts (from general defamation and insult – as applicable to every citizen – to specialized provisions covering specific entities and social structures): Defamation law has
8710-670: The Ethical Implications of Cloning in 1997. The opinion states, "the cloning of human beings, because of the problems it raises concerning the dignity of the human person, the equilibrium of the human species and life in society, is ethically unacceptable and must be prohibited." Sweden's The Genetic Integrity Act (2006:351), The Biobanks in Medical Care Act (2002:297), Health and Medical Services (Professional Activities) Act (1998:531), and The Health and Medical Services Act (1982:763) all express concern for "the integrity of
8840-525: The High Court for any published statements alleged to defame a named or identifiable individual or individuals (under English law companies are legal persons, and allowed to bring suit for defamation ) in a manner that causes them loss in their trade or profession, or causes a reasonable person to think worse of them. In contemporary common law jurisdictions, to constitute defamation, a claim must generally be false and must have been made to someone other than
8970-526: The United States, criminal defamation is generally limited to the living. However, there are 7 states ( Idaho , Kansas , Louisiana , Nevada , North Dakota , Oklahoma , Utah ) that have criminal statutes regarding defamation of the dead. The Organization for Security and Co-operation in Europe (OSCE) has also published a detailed database on criminal and civil defamation provisions in 55 countries, including all European countries, all member countries of
9100-553: The annual meeting of NYPA editors in February 1929 and outlined a plan to provide $ 12 million in relief to poor farmers in New York state. On Feb. 6, 1953, M.N. Taylor, a Wisconsin conservationist , told the 101st annual meeting of the NYPA in Syracuse that reforestation of 2 million acres of state land was important for the long-term production of newsprint. In 1973, U.S. Representative Bella Abzug called for federal safeguards to protect
9230-435: The calumnies and injuries whenever its content is not correctly attributed to the corresponding source. Exceptions are expressions referring to subjects of public interest or that are not assertive (see Article 113). When calumny or injury are committed through the press, a possible extra penalty is the publication of the judicial decision at the expenses of the guilty (Article 114). He who passes to someone else information about
9360-412: The case told that the jury believed that "where a writing ... inveighs against mankind in general, or against a particular order of men, as for instance, men of the gown, this is no libel, but it must descend to particulars and individuals to make it libel." This jury believed that only individuals who believed they were specifically defamed had a claim to a libel case. Since the jury was unable to identify
9490-580: The cloned person and because permitting research on reproductive cloning would reflect a disregard for the respect due to the moral status of embryos." In 1984, France set up the National Consultative Committee for Ethics in the Life and Health Sciences (CCNE) to advise the government about the regulation of medical practices and research. In 1986, the CCNE said, "Respect for human dignity must guide both
9620-599: The country by elevating the fault element for public officials to actual malice – that is, public figures could win a libel suit only if they could demonstrate the publisher's "knowledge that the information was false" or that the information was published "with reckless disregard of whether it was false or not". Later the Supreme Court held that statements that are so ridiculous to be clearly not true are protected from libel claims, as are statements of opinion relating to matters of public concern that do not contain
9750-539: The crime, this report clearly shows a ruling based on group libel. Since laws restricting libel were accepted at this time because of its tendency to lead to a breach of peace, group libel laws were justified because they showed potential for an equal or perhaps greater risk of violence. For this reason, group libel cases are criminal even though most libel cases are civil torts. In a variety of Common Law jurisdictions, criminal laws prohibiting protests at funerals, sedition , false statements in connection with elections, and
9880-471: The criminal law should only be countenanced in the most serious of cases and imprisonment is never an appropriate penalty. It is impermissible for a State party to indict a person for criminal defamation but then not to proceed to trial expeditiously – such a practice has a chilling effect that may unduly restrict the exercise of freedom of expression of the person concerned and others. While each legal tradition approaches defamation differently, it
10010-664: The declaration warns that treating a person to remove a genetic defect "could be contrary to human dignity." The Commentary that accompanies the declaration says that, as a consequence of the possibility of germ-line treatment, "it is the very dignity of the human race which is at stake." In 1996, the Government of Canada issued a report entitled "New Reproductive and Genetic Technologies". The report used "the principles of respect for human life and dignity" as its reason for recommending that various activities associated with genetic research and human reproduction be prohibited. The report said
10140-479: The defences of absolute and qualified privilege, fair comment, and justification. While statutory law in the United Kingdom provides that, if the defendant is only successful in proving the truth of some of the several charges against him, the defence of justification might still be available if the charges not proved do not materially injure the reputation, there is no corresponding provision in India, though it
10270-482: The development of knowledge and the limits or rules to be observed by research." The CCNE said that research on human embryos must be subject to "the rule of reason" and must have regard for "undefined dignity in its practical consequences." The CCNE insisted that, in research on human embryos, the ethical principles that should apply are "respecting human dignity" and respecting "the dignity of science." The National Council of Ethics of Portugal published its Opinion on
10400-554: The dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine." In 1998, the United Nations mentioned dignity in the UNESCO Declaration on the Human Genome and Human Rights . At Article 2, the declaration states, "Everyone has a right to respect for their dignity." At Article 24,
10530-623: The dignity of the human being as a person—a dignity that is not possessed by things." To Adler, failure to recognize the distinction challenged the right of humans to equal dignity and equal treatment. Dan Egonsson, followed by Roger Wertheimer, argued that while it is conventional for people to equate dignity with 'being human' (Egonsson's 'Standard Attitude', Wertheimer's 'Standard Belief'), people generally also import something other than mere humanness to their idea of dignity. Egonsson suggested that an entity must be both human and alive to merit an ascription of dignity, while Wertheimer states "it
10660-421: The doctrine in common law jurisdictions that only a false statement of fact (as opposed to opinion) can be defamatory. This doctrine gives rise to two separate but related defences: opinion and truth. Statements of opinion cannot be regarded as defamatory as they are inherently non-falsifiable. Where a statement has been shown to be one of fact rather than opinion, the most common defence in common law jurisdictions
10790-565: The early 13th century, comes from Latin concept of dignitas , variously translated as "worthiness" or "prestige", by way of French dignité . English-speakers often use the word "dignity" in proscriptive and cautionary ways: for example, in politics it can be used to critique the treatment of oppressed and vulnerable groups and peoples, but it has also been applied to cultures and sub-cultures , to religious beliefs and ideals, and even to animals used for food or research. "Dignity" also has descriptive meanings pertaining to
10920-532: The exact people who were being defamed, there was no cause to identify the statements were a libel. Another early English group libel which has been frequently cited is King v. Osborne (1732). In this case, the defendant was on trial "for printing a libel reflecting upon the Portuguese Jews". The printing in question claimed that Jews who had arrived in London from Portugal burned a Jewish woman to death when she had
11050-505: The fear of disapproval, poverty, hunger, death etc. these individuals held firm in their sense of right and wrong, which was in-line with Divine ordinances. "The right course is that on which one keeps his attitudes, ambitions and requirements subjected to the Divine Laws; and in this way leads a balanced and graceful life. Such a person has grasped the most trustworthy support which will never fail him" (Quran 31:22). Such individuals are given
11180-430: The first few decades of the twenty first century, the phenomenon of strategic lawsuits against public participation has gained prominence in many common law jurisdictions outside Singapore as activists, journalists, and critics of corporations, political leaders, and public figures are increasingly targeted with vexatious defamation litigation. As a result, tort reform measures have been enacted in various jurisdictions;
11310-548: The first woman president of NYPA. Michelle K. Rea, hired as associate director in 1992, was appointed executive director Jan. 1, 1996. Defamation Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable , and can extend to concepts that are more abstract than reputation – like dignity and honour . In
11440-402: The following remedies in an action for defamation: compensatory damages; an injunction to stop further publication; a correction or a retraction; and in certain cases, punitive damages. Section 28 of the Act allows for punitive damages only when a there is a flagrant disregard of the rights of the person defamed. As the law assumes that an individual suffers loss if a statement is defamatory, there
11570-517: The freedom of expression provisions of the European Convention on Human Rights. One notable case was Lingens v. Austria (1986). According to the Criminal Code of Albania , defamation is a crime. Slandering in the knowledge of falsity is subject to fines of from 40 000 ALL (c. $ 350) to one million ALL (c. $ 8350 ). If the slandering occurs in public or damages multiple people, the fine
11700-620: The growth of humanist philosophies. A philosopher of the Age of Enlightenment (18th century), Immanuel Kant held that there were things that should not be discussed in terms of value, and that these things could be said to have dignity. ' Value ' is necessarily relative, because the value of something depends on a particular observer's judgment of that thing. Things that are not relative – that are "ends in themselves", in Kant's terminology – are by extension beyond all value, and
11830-504: The human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; Conscious that the misuse of biology and medicine may lead to acts endangering human dignity; Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine. The Convention states, "Parties to this Convention shall protect
11960-492: The implied constitutional limitation on governmental powers to limit speech of a political nature established in Lange v Australian Broadcasting Corporation (1997). In 2006, uniform defamation laws came into effect across Australia. In addition to fixing the problematic inconsistencies in law between individual States and Territories, the laws made a number of changes to the common law position, including: Dignity Dignity
12090-510: The individual" or "human dignity." In 2008, The President's Council on Bioethics tried to arrive at a consensus about what dignity meant but failed. Edmund D. Pellegrino, M.D., the council's chairman, says in the Letter of Transmittal to the President of The United States, "… there is no universal agreement on the meaning of the term, human dignity." McDougal, Lasswell, and Chen studied dignity as
12220-498: The infringement of a personality right, either "corpus", "dignitas", or "fama". Dignitas is a generic term meaning 'worthiness, dignity, self-respect', and comprises related concerns like mental tranquillity and privacy. Because it is such a wide concept, its infringement must be serious. Not every insult is humiliating; one must prove contumelia . This includes insult ( iniuria in the narrow sense), adultery, loss of consortium, alienation of affection, breach of promise (but only in
12350-746: The inviolability of human dignity. In 1997, the National Consultative Committee for Ethics in the Life and Health Sciences, as well as other observers, noted that France's dignity-based laws on bio-medical research were paradoxical. The law prohibited the willful destruction of human embryos but directed that human embryos could be destroyed if they were more than five years old. The law prohibited research on human embryos created in France but permitted research on human embryos brought to France. The law prohibited researchers from creating embryos for research but allowed researchers to experiment with embryos that were superfluous after in vitro fertilization. Human dignity
12480-474: The like, then it is slander. In contrast, libel encompasses defamation by written or printed words, pictures, or in any form other than spoken words or gestures. The law of libel originated in the 17th century in England. With the growth of publication came the growth of libel and development of the tort of libel. The highest award in an American defamation case, at US$ 222.7 million was rendered in 1997 against Dow Jones in favour of MMAR Group Inc; however,
12610-444: The nature of God. Specifically, human dignity is intrinsic to human persons, and does not spring from agency or free will. Human dignity, or kevod ha-beriyot , is also a central consideration of Judaism . Talmud cautions against giving charity publicly rather than in private to avoid offending the dignity of the recipient. Medieval Jewish philosopher Maimonides , in his codification of Halakha , cautioned judges to preserve
12740-514: The offence was constituted by the unnecessary act of shouting. According to Ulpian , not all shouting was actionable. Drawing on the argument of Labeo , he asserted that the offence consisted in shouting contrary to the morals of the city (" adversus bonos mores huius civitatis ") something apt to bring in disrepute or contempt (" quae... ad infamiam vel invidiam alicuius spectaret ") the person exposed thereto. Any act apt to bring another person into disrepute gave rise to an actio injurarum . In such
12870-403: The offense lay in the content of the imputation, not in the manner of its publication. The truth was therefore a sufficient defense, for no man had a right to demand legal protection for a false reputation. In Anglo-Saxon England , whose legal tradition is the predecessor of contemporary common law jurisdictions, slander was punished by cutting out the tongue. Historically, while defamation of
13000-433: The person defamed. Some common law jurisdictions distinguish between spoken defamation, called slander , and defamation in other media such as printed words or images, called libel . The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, such as spoken words or sounds, sign language, gestures or
13130-415: The positive obligations that dignity imposed on humans, the moral requirement not only to avoid harming but to actively assist one another in achieving and maintaining a state of "well-being". Among other topics, including the dignity of labor, Adler extensively explored the question of human equality and equal right to dignity. According to Adler, the question of whether humans have equal right to dignity
13260-498: The practices that violate human dignity include torture , rape , social exclusion , labor exploitation , bonded labor , and slavery . Both absolute and relative poverty are violations of human dignity, although they also have other significant dimensions, such as social injustice . Absolute poverty is associated with overt exploitation and connected to humiliation (for example, being forced to eat food from other people's garbage), but being dependent upon others to stay alive
13390-448: The private law is derived from French civil law). In common law provinces and territories, defamation covers any communication that tends to lower the esteem of the subject in the minds of ordinary members of the public. Probably true statements are not excluded, nor are political opinions. Intent is always presumed, and it is not necessary to prove that the defendant intended to defame. In Hill v. Church of Scientology of Toronto (1995),
13520-612: The progress of biology and medicine. On 4 April 1997, the council, at Oviedo, approved the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine . The convention's preamble contains these statements, among others: Conscious of the accelerating developments in biology and medicine; Convinced of the need to respect
13650-673: The prohibited activities were "contrary to Canadian values of equality and respect for human life and dignity." The Ministry of Health enacted the Danish Council Act 1988 , which established the Danish Council of Ethics. The Council advises the Ministry on matters of medicine and genetic research on humans. In 2001, the Council condemned "reproductive cloning because it would violate human dignity, because it could have adverse consequences for
13780-487: The proponents of human indignity in support of diametrically opposed empirical specifications of rights ... In 2004, Canada enacted the Assisted Human Reproduction Act . Section 2(b) of the Act states, "the benefits of assisted human reproductive technologies and related research for individuals, for families and for society in general can be most effectively secured by taking appropriate measures for
13910-509: The protection and promotion of human health, safety, dignity and rights in the use of these technologies and in related research." The Act prescribes a fine not exceeding $ 500,000 or imprisonment for a term not exceeding ten years, or both, if someone undertakes a proscribed activity such as the creation of a chimera . Article 1 of the Charter of Fundamental Rights of the European Union affirms
14040-730: The publication of defamatory books and writings, the libri or libelli famosi , from which is derived the modern use of the word libel ; and under the later emperors the latter term came to be specially applied to anonymous accusations or pasquils , the dissemination of which was regarded as particularly dangerous, and visited with very severe punishment, whether the matters contained in them were true or false. The Praetorian Edict, codified circa AD 130, declared that an action could be brought up for shouting at someone contrary to good morals: " qui, adversus bonos mores convicium cui fecisse cuiusve opera factum esse dicitur, quo adversus bonos mores convicium fieret, in eum iudicium dabo. " In this case,
14170-496: The reputation or rights of others. Additionally, restrictions of freedom of expression and other rights guaranteed by international human rights laws (including the European Convention on Human Rights (ECHR)) and by the constitutions of a variety of countries are subject to some variation of the three-part test recognised by the United Nations Human Rights Committee which requires that limitations be: 1) "provided by law that
14300-458: The right to a legal remedy for defamation, this right must be balanced with the equally protected right to freedom of opinion and expression. In general, ensuring that domestic defamation law adequately balances individuals' right to protect their reputation with freedom of expression and of the press entails: In most of Europe, article 10 of the European Convention on Human Rights permits restrictions on freedom of speech when necessary to protect
14430-673: The self-respect of people who came before them: "Let not human dignity be light in his eyes; for the respect due to man supersedes a negative rabbinical command". An Islamic view of dignity is crystallized in the Quran through the selected biographies of Noah, Abraham, Joseph, David, Moses, Mary, Jesus, Muhammed, and others (differing from the narratives in the Bible, which the Quran claims were corrupted). Individuals such as these are presented as role-models of dignity because they did not abandon their self-respect by bowing to social pressures. When faced with
14560-483: The state rather than defamation suits; thus, for most of American history, the Supreme Court did not interpret the First Amendment as applying to libel cases involving media defendants. This left libel laws, based upon the traditional common law of defamation inherited from the English legal system, mixed across the states. The 1964 case New York Times Co. v. Sullivan dramatically altered the nature of libel law in
14690-533: The statement is true or is a statement of fact, it does not actually harm someone's reputation. It is also necessary in these cases to show that there is a well-founded public interest in the specific information being widely known, and this may be the case even for public figures . Public interest is generally not "what the public is interested in", but rather "what is in the interest of the public". Other defences recognised in one or more common law jurisdictions include: Media liability or defamation insurance
14820-451: The statement was defamatory. In an action for defamation per se , the law recognises that certain false statements are so damaging that they create a presumption of injury to the plaintiff's reputation, allowing a defamation case to proceed to verdict with no actual proof of damages. Although laws vary by state, and not all jurisdictions recognise defamation per se , there are four general categories of false statement that typically support
14950-442: The statement would be considered defamatory per se if false, if the defendant establishes that it is in fact true, an action for defamation per se cannot survive. The conception of what type of allegation may support an action for defamation per se can evolve with public policy. For example, in May 2012 an appeals court in New York, citing changes in public policy with regard to homosexuality , ruled that describing someone as gay
15080-399: The statement, it was not brought to their attention, and they were not negligent. Common law jurisdictions vary as to whether they permit corporate plaintiffs in defamation actions. Under contemporary Australian law, private corporations are denied the right to sue for defamation, with an exception for small businesses (corporations with less than 10 employees and no subsidiaries); this rule
15210-417: The subject matter of the criticism should be recognized as a defence. Care should be taken by States parties to avoid excessively punitive measures and penalties. Where relevant, States parties should place reasonable limits on the requirement for a defendant to reimburse the expenses of the successful party. States parties should consider the decriminalization of defamation and, in any case, the application of
15340-747: The title of Muhsineen, who faced immense pressures but held firm in their positive actions. God awarded these individuals with authority and status in the land, and this reward is open to anyone who proves themselves worthy: "We bestow such honour and position on all those who lead their lives according to Our Laws." (Quran 37:80) Those who fall into this category are also afforded Divine protection from their mistakes: "Therefore We have saved you and your son from this. We have done so because We keep those who lead their lives according to Divine guidance safe from such mishaps." (37:104–105) The Quranic State that Muhammad began in Medinah sought to protect human dignity, since in
15470-454: The truth of the remaining charges". Similarly, the American doctrine of substantial truth provides that a statement is not defamatory if it has "slight inaccuracies of expression" but is otherwise true. Since a statement can only be defamatory if it harms another person's reputation, another defence tied to the ability of a statement to be defamatory is to demonstrate that, regardless of whether
15600-413: The truthfulness of the statement; where the plaintiff is a celebrity or public official, they must additionally prove that the statement was made with actual malice (i.e. the intent to do harm or with reckless disregard for the truth). A series of court rulings led by New York Times Co. v. Sullivan , 376 U.S. 254 (1964) established that for a public official (or other legitimate public figure) to win
15730-543: The use of profanity in public, are also often used in contexts similar to criminal libel actions. The boundaries of a court's power to hold individuals in "contempt of court" for what amounts to alleged defamatory statements about judges or the court process by attorneys or other people involved in court cases is also not well established in many common law countries. While defamation torts are less controversial as they ostensibly involve plaintiffs seeking to protect their right to dignity and their reputation, criminal defamation
15860-602: The verdict was dismissed in 1999 amid allegations that MMAR failed to disclose audiotapes made by its employees. In common law jurisdictions, civil lawsuits alleging defamation have frequently been used by both private businesses and governments to suppress and censor criticism. A notable example of such lawsuits being used to suppress political criticism of a government is the use of defamation claims by politicians in Singapore's ruling People's Action Party to harass and suppress opposition leaders such as J. B. Jeyaretnam . Over
15990-508: The view that humans have a right to dignity, and argued that moral norms could not form the basis of a critique of capitalism because they form part of society's ideological superstructure . The philosopher Somogy Varga argues that Marx's account of dignity forms part of a critique of Kantian ethics as unjusifiably imagining moral values to be transhistorical rather than emerging from historical processes and social practices. More recently, Philippe-André Rodriguez has argued that human dignity
16120-452: The world they are filed, since a compainant can look for a more favorable jurisdiction to file their claim. Investigative journalism usually requires higher insurance premiums, with some plans not covering investigative work altogether. Many common law jurisdictions recognise that some categories of statements are considered to be defamatory per se , such that people making a defamation claim for these statements do not need to prove that
16250-559: The wrongful conduct of the defender. For such reparation to be offered, however, the non-patrimonial interest must be deliberately affronted: negligent interference with a non-patrimonial interest will not be sufficient to generate liability. An actio iniuriarum requires that the conduct of the defender be 'contumelious' —that is, it must show such hubristic disregard of the pursuer's recognised personality interest that an intention to affront ( animus iniuriandi ) might be imputed. In addition to tort law, many jurisdictions treat defamation as
16380-620: Was false, the court ruled in its favour, saying that libel of a public official requires proof of actual malice , which was defined as a "knowing or reckless disregard for the truth". Many jurisdictions within the Commonwealth (e.g. Singapore, Ontario, and the United Kingdom ) have enacted legislation to: Libel law in England and Wales was overhauled even further by the Defamation Act 2013 . Defamation in Indian tort law largely resembles that of England and Wales . Indian courts have endorsed
16510-599: Was introduced by the state of New South Wales in 2003, and then adopted nationwide in 2006. By contrast, Canadian law grants private corporations substantially the same right to sue for defamation as individuals possess. Since 2013, English law charts a middle course, allowing private corporations to sue for defamation, but requiring them to prove that the defamation caused both serious harm and serious financial loss, which individual plaintiffs are not required to demonstrate. Defamation in jurisdictions applying Roman Dutch law (i.e. most of Southern Africa, Indonesia, Suriname, and
16640-551: Was later known by two other names: the "New York State Editorial and Typographical Association " (1858), and "Editor and Publishers Association of the State of New York) (1871). It was re-named "New York Press Association" in 1874. By 1895, NYPA had 256 members, each paying $ 2 a year for membership dues. During the Great Depression , Matthew Lyle Spencer , dean of Syracuse University 's School of Journalism, offered NYPA office space,
16770-423: Was long confined to a civil action for a monetary penalty, which was estimated according to the significance of the case, and which, although punitive in its character, doubtless included practically the element of compensation. But a new remedy was introduced with the extension of the criminal law, under which many kinds of defamation were punished with great severity. At the same time increased importance attached to
16900-452: Was not an issue of defamation. Another example of libel is the case of New York Times Co. v. Sullivan (1964). The Supreme Court of the United States overruled a state court in Alabama that had found The New York Times guilty of libel for printing an advertisement that criticised Alabama officials for mistreating student civil rights activists. Even though some of what The Times printed
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