Academic literature on the topic 'Social aspects of Libel and slander'

AbstractLibel played an important and extraordinary role in early modern conflict culture. The article discusses their functions and the way they were assessed in court. The case study illustrates argumentative spaces and different levels of normative references in libel trials in 16th century electoral Saxony. In 1569, Andreas Langener – in consequence of a long stagnating private conflict – posted several libels against the nobleman Tham Pflugk in different public places in the city of Dresden. Consequently, he was arrested and charged with ‘libelling’. Depending on the reference to conflicting social and legal norms, he had therefore been either threatened with corporal punishment including his execution, or rewarded with laudations. In this case, the act of libelling could be seen as slander, but also as a service to the community, which Langener had informed about potentially harmful transgression of norms. While the common good was the highest maxim, different and sometimes conflicting legally protected interests had to be discussed. The situational decision depended on whether the articulated charges where true and relevant for the public, on the invective language, and especially on the quality and size of the public sphere reached by the libel.

Abstract Significant professional and legal difficulties and risks may be associated with the performance of impairment evaluations, particularly in the context of an independent medical evaluation (IME). Many IMEs occur in legal arenas and may involve individuals with challenging personalities, and the circumstances of performing an IME are unique because there exists no physician-patient relationship. The best defense against professional or legal difficulties is prevention, including establishing a well-thought-out process for performing these evaluations, being consistent with directives provided in the AMA Guides to the Evaluation of Permanent Impairment, and, if a problem arises, dealing with it directly and documenting the circumstances. If an examinee is uncooperative, the examining physician may need to explain his or her role, and, if the examinee remains uncooperative or is disruptive, the examiner may stop the examination, notify the client, contact the police as appropriate, and document what occurred. Injury claims against an examiner may be forestalled by preventive strategies such as obtaining written informed consent from the patient to perform the evaluation, having a member of the examiner's staff present during the evaluation, and, after the examination, using a patient satisfaction survey to document “no difficulties with the evaluation.” IMEs require examiners to be familiar with legal aspects of confidentiality, libel and slander, negligence, and other issues. Examiners should ensure their medical malpractice insurance is suitable for this work.

<p><em>This article examines the fatwa of Bahtsul Masa’il on women using Critical Discourse Analysis. Two matters of research problem is how Bahtsul Masa’il fatwa on women and how the Critical Discourse Analysis of the fatwa Bahtsul Masa’il about women. There are twelve fatwa on women decided by Bahtsul Masa’il forum, seven of which talk about the role of women in the public world. They were analyzed using Critical Discourse Analysis framework involving three levels of analysis, namely text, social cognition and context. Texts of Bahtsul Masa’il decision on women represent women as being vulnerable to libel and can bring slander. Women are also represented as weak creatures who need supervision and protection of men. Fatwa text that is bias arises from the procedure of making fatwa which highly favor the yellow book. While the yellow book itself tends to put women in the private sphere and look down on women. In addition, the frame of the community producing Bahtsul Masa’il fatwa (religious leader and religius students) are also the result of the internalization of norms and values of yellow book as the idol at the pesantren. In context level, the fatwa which tends to give a negative identity toward women is born out of the context of the patriarchal society.</em></p>

Islam as a thought explain alla aspects of life, both aspects of divinity and humanity aspects that make reconciliation as one of the solutions to face the world’s cucial conditions as result of hostilities and war. Reconcilition in the vacubalary of the Qur’an called islah or peace, which has the important objectives to maintain a relationship, not just among muslim in particular, but for people in general. So in this case, reconciliation can be categorized in several ways, namely reconciliation in temrs of faith or belief and worship, social, moral, also in terms of politics and government law. In the implementation, reconcilitation involves several parties, the parties to the dispute and the mediator in charge of mediating the dispute. Mediator required to act fairly and with dignity an also have sufficient scientific reputation. Disputants are also required to conduct an honest deliberation, do not insult or slander also full awareness and conduct of peace moreover instill on ourselves not to repeat acts tah may lead disunity. It is to realize the concept of brotherhood, harmony maintaining trust and caring between people and to realize the things that are far from disputes and violence, as we as to maintain social balance not only in religious life, but also in the state and nation.

Purpose With growing dependency on social media for reportage, coupled with rising media errors with potential to threatening the boundaries of knowledge and reliable information, attention is now being drawn to credibility of using social media and other media outlet. This increasing attention is because of the apparent disorderliness in the information milieu as a result of powerlessness to regulate activities on social media coupled with the dilemma of tampering with fundamental right of individual to free speech. Unlike the traditional media houses with specific address and location, identifying the whereabouts of promoters of fake news is challenging as information can be manufactured at the remote locality and the consequence will be felt in all the four compass points of the world. Tracking down individuals peddling fake news for charges of slander, defamation or libel is difficult, as a result of the intercontinental nature of the social network. Design/methodology/approach This study used a qualitative research design, which is guided by the interpretive paradigm because it relies comprehensively on practical methods of content analysis in which concepts are discussed to convey an in-depth understanding of the topic being investigated and bringing new knowledge. Findings Ensuring that the citizenry is adequately information literate is sine qua non for reducing the threats posed by fake news access and use to the barest minimum. Ibenne (2016) notes that becoming information literate is a process that leads to empowerment of the individual to take rationally elevated decisions in information use and knowledge application. The authors may therefore conclude that falling prey to fake news plays majorly on ignorance among the citizenry, and on the other hand, irrational use of information. When citizens possess functional information literacy, they are able to subject the information they receive to critical evaluation to eliminate the undesirable, which fake news squarely fall under. Originality/value This paper sheds light on assessing the fake news infodemic as information disorder and a threat to reliable information access and use; therefore, information acquired from this study is imaginative and valuable to better understand how information professionals react to official and personal engagement.

In August 2018, the Ford Government in Ontario introduced a ‘Directive’ entitled “Upholding Free Speech on Ontario’s University and College Campuses” (the Directive).1 The Directive required all publicly supported universities and colleges2 in Ontario to create a free speech policy by January 1st 2019 that applies to “faculty, students, staff, management and guests,” and includes a) a definition of free speech, and b) reference to various “principles” of free speech similar to those elucidated by the University of Chicago (Chicago Principles).3 According to the Directive, speech that is otherwise illegal is not permitted. Illegal speech includes hate speech and uttering threats that are proscribed by Canada’s Criminal Code,4 defamatory speech which can give rise to both criminal5 and civil6 actions, as well as workplace harassment.7
 
 * Dr. Alison Braley-Rattai is Assistant Professor of Labour Studies at Brock University. Dr. Kate Bezanson is Associate Professor of Sociology and Associate Dean of the Faculty of Social Sciences at Brock University.
 1 Ministry of Training, Colleges, and Universities, “Upholding Free Speech on Ontario’s University and College Campuses” (30 August 2018) online: Government of Ontario Newsroom <https://news.ontario.ca/ opo/en/2018/08/ontario-protects-free-speech-on-campuses.html> [perma.cc/7VXR-K4RB] [Directive].2 This piece is only concerned about the university sector. There are noteworthy differences between colleges and universities with regard to topics discussed in this piece that are unexplored here.3 The Committee on Freedom of Expression, “Report of the Committee on Freedom of Expression” (2014) online (pdf): University of Chicago <provost.uchicago.edu/sites/default/files/documents/reports/FOECommitteeReport.pdf> [perma.cc/LAA4-RW43].4 Criminal Code, RSC 1985, c C-46, s 319(1).5 Ibid, ss 297-304.6 Libel and Slander Act, RSO 1990, c L.12.7 Occupational Health and Safety Act, RSO 1990, c O.1; Human Rights Code, RSO 1990, c H.19.

The development and progress of the city of Makassar in line with the occurrence of disturbing conflicts, conflicts and even war between groups provide an overview of research problems regarding the erosion of nationalism, erosion of national ideology, low national character, erosion of local culture, shallow religious values, low sense of solidarity, moral decline , and ethnic fanaticism and declining character quality and declining character quality, all of which have the potential to threaten National Integration and Social Harmony. This research method is descriptive and form of presentation in a systematic, factual and accurate description of the facts obtained. The results showed that conflict/war between groups or residents still occurred in at least six 6 regions in Makassar that had caused various losses because war between groups or residents involved children or adolescents using dangerous objects. There are 30 factors, namely juvenile delinquency, multi aspects, peaceful disturbance, offensive, revenge, social, economic, jealousy, work area disputes, unemployment, ethnicity, religion, culture, wild race, women, competition, misunderstanding, social change, deprivation land, women who seize men (infidelity of women), youth group clashes, politics/parties, deception, social classes/strata, selfishness, arrogance, ridicule, slander, conflict of interest, and government land disputes. Recommendations are needed Conflict Resolution Forum (FOLEKO) as a preventive and repressive measure, provide guidance and counseling for members of the community, about legal awareness, social ethics and courtesy in family life and community life, and inculcation of religious values ​​and national integrity, the authorities need to be more intensive in conducting surveillance and need to carry out routine checks on the possession of dangerous sharp objects, and it is necessary to have the Social Harmony Creation Model module and legal awareness as recommendations of this research.

The book by the well-known historian and anthropologist Galina Zelenina deals with some problems of the historical experience of baptized Jews in the Pyrenean peninsula. The scholar explores some issues of life under the severe control of the Inquisition and social surroundings through the perspective of cultural anthropology, stressing the problems of the “silent majority” and its identity. Zelenina emphasizes that conversos were located between two worlds whilst being Others to both, relativists and multiculturalists of the period. She also stresses the ethnic and racial aspects of enmity towards Marranos in Spain and Portugal. This ethnic component of anti-Jewish attitudes were, according to the author, first signs of the racial anti-Semitism of the 19th–20th centuries. Drawing on various sources, Zelenina considers different issues of the life and experiences of crypto-Jews under circumstances of control and hatred. Among these were rites of passage, rituals which canceled baptism, the role of women in the rituals of “new Christians”, general gender aspects of the culture of conversos, food practices of Marranos, and the specific “competition” of narratives about sanctity between Christians and crypto-Jews. The scholar pays attention to the specifics of the bloody libel against “new Christians” in Spain and deviant sexuality which was often connected with Jews and Marranos. Concluding her book, Zelenina returns to the racial aspect of many accusations against Jews of the period under investigation and considers them from an anthropological perspective.

The study, entitled "Reasons for Early Marriage Dispensation (Case Study in the Palu Religious Court class IA") aims to provide an overview and explanation of the submission of an early marriage dispensation request at the 1.A Palu Religious Court and the consideration of judges in giving or rejecting requests for dispensation early marriage at the Klas 1 Palu Religious Court. This research was designed using descriptive research type, using a qualitative approach in data collection techniques. The results of the study, pointed out that the reason for the request for marriage dispensation in the Palu Religious Court was due to the fear of slander, pregnancy outside marriage, economic aspects, social aspects, and moral aspects. As for the judges' consideration in providing the determination of marriage dispensations at the hearing, the Panel of Judges used "kaida namely al-mashlahah al-mursalah". because the provisions on age restrictions and marriage dispensation are not explained in detail in the Koran, but the benefits are in line with the shariah action 'which wants to bring benefit to humans (the two brides and their families). 
 Abstrak 
 Penelitian yang berjudul “Alasan Dispensasi Nikah Usia Dini (Studi Kasus di Pengadilan Agama Palu klas IA” ini bertujuan untuk memberikan gambaran dan penjelasan terhadap pengajuan permohonan dispensasi nikah usia dini di Pengadilan Agama Klas 1.A Palu dan pertimbangan hakim dalam memberi atau menolak permohonan dispensasi nikah usia dini di Pengadilan Agama Klas 1 Palu. Penelitian ini di desain dengan menggunakan jenis penelitian deskriptif, dengan menggunakan pendekatan kualitatif dalam teknik pengumpulan data. Hasil penelitian, menujukan bahwa alasan permohonan dispensasi nikah di Pengadilan Agama Palu dikarenakan khawatir timbulnya fitnah, hamil diluar nikah, aspek ekonomi, aspek sosial, dan aspek moral. Sedang mengenai pertimbangan hakim dalam memberikan penetapan dispensasi nikah di persidangan, Majelis Hakim menggunakan”kaida yaitu al-mashlahah al-mursalah”. karena ketentuan pembatasan umur dan dispensasi nikah tidak dijelaskan secara rinci di dalam al-Quran, tetapi kandungan maslahatnya sejalan dengan tindakan syara’ yang ingin mewujudkan kemaslahatan bagi manusia (kedua calon mempelai beserta keluarga).

Introduction Television has become more and more restricted within the past few years. Rating systems and "family programming" have taken over the broadcast networks, relegating violent programming, often some of the most cutting edge work in television, to pay channels. There are very few people willing to stand up and say that viewers -- even young children -- should be able to watch whatever they want, and that viewing acts of violence can actually result in more mature, balanced adults. Jib Fowles is one of those people. His book, The Case For Television Violence, explores the long history of violent content in popular culture, and how its modern incarnation, television, fulfils the same function as epic tragedy and "penny dreadfuls" did -- the diverting of aggressive feelings into the cathartic action of watching. Fowles points out the flaws in studies linking TV violence to actual violence (why, for example, has there been a sharp decline in violent crime in the U.S. during the 1990s when, by all accounts, television violence has increased?), as well as citing overlooked studies that show no correlation between viewing and performing acts of violence. The book also demonstrates how efforts to censor TV violence are not only ineffective, but can lead to the opposite result: an increase in exposure to violent viewing as audiences forsake traditional broadcast programming for private programming through pay TV and videocassettes. The revised excerpt below describes one of the more heated topics of debate -- the V-Chip. Television Violence and You Although the antiviolence fervor crested in the US in the first half of the 1990s, it also continued into the second half. As Sissela Bok comments: "during the 1990s, much larger efforts by citizen advocacy groups, churches, professional organizations, public officials, and media groups have been launched to address the problems posed by media violence" (146). It continues as always. On the one side, the reformist position finds articulation time and again; on the other side, the public's incessant desire for violent entertainment is reluctantly (because there is no prestige or cachet to be had in it) serviced by television companies as they compete against each other for profits. We can contrast these two forces in the following way: the first, the antitelevision violence campaign, is highly focussed in its presentation, calling for the curtailment of violent content, but this concerted effort has underpinnings that are vague and various; the second force is highly diffused on the surface (the public nowhere speaks pointedly in favor of violent content), but its underpinnings are highly concentrated and functional, pertinent to the management of disapproved emotions. To date, neither force has triumphed decisively. The antiviolence advocates can be gratified by the righteousness of their cause and sense of moral superiority, but violent content continues as a mainstay of the medium's offerings and in viewers' attention. Over the longer term, equilibrium has been the result. If the equilibrium were upset, however, unplanned consequences would result. The attack on television violence is not simply unwarranted; it carries the threat of unfortunate dangers should it succeed. In the US, television violence is a successful site for the siphoning off of unwanted emotions. The French critic Michel Mourlet explains: "violence is a major theme in aesthetics. Violence is decompression: Arising out of a tension between the individual and the world, it explodes as the tension reaches its pitch, like an abscess burning. It has to be gone through before there can be any repose" (233). The loss or even diminishment of television violence would suggest that surplus psychic energy would have to find other outlets. What these outlets would be is open to question, but the possibility exists that some of them might be retrogressive, involving violence in more outright and vicious forms. It is in the nation's best interest not to curtail the symbolic displays that come in the form of television violence. Policy The official curbing of television violence is not an idle or empty threat. It has happened recently in Canada. In 1993, the Canadian Radio- Television and Telecommunications Commission, the equivalent of the Australian Broadcasting Authority or of the American FCC, banned any "gratuitous" violence, which was defined as violence not playing "an integral role in developing the plot, character, or theme of the material as a whole" (Scully 12). Violence of any sort cannot be broadcast before 9 p.m. Totally forbidden are any programs promoting violence against women, minorities, or animals. Detailed codes regulate violence in children's shows. In addition, the Canadian invention of the V-chip is to be implemented, which would permit parents to block out programming that exceeds preset levels for violence, sexuality, or strong language (DePalma). In the United States, the two houses of Congress have held 28 hearings since 1954 on the topic of television violence (Cooper), but none has led to the passage of regulatory legislation until the Telecommunications Act of 1996. According to the Act, "studies have shown that children exposed to violent video programming at a young age have a higher tendency for violent and aggressive behavior later in life than children not so exposed, and that children exposed to violent video programming are prone to assume that acts of violence are acceptable behavior" (Section 551). It then requires that newly manufactured television sets must "be equipped with a feature designed to enable viewers to block display of all programs with a common rating" (Telecommunications Act of 1996, section 551). The V-chip, the only available "feature" to meet the requirements, will therefore be imported from Canada to the United States. Utilising a rating system reluctantly and haltingly developed by the television industry, parents on behalf of their children would be able to black out offensive content. Censorship had passed down to the family level. Although the V-chip represents the first legislated regulation of television violence in the US, that country experienced an earlier episode of violence censorship whose outcome may be telling for the fate of the chip. This occurred in the aftermath of the 1972 Report to the Surgeon General on Television and Social Behavior, which, in highly equivocal language, appeared to give some credence to the notion that violent content can activate violent behavior in some younger viewers. Pressure from influential congressmen and from the FCC and its chairman, Richard Wiley, led the broadcasting industry in 1975 to institute what came to be known as the Family Viewing Hour. Formulated as an amendment to the Television Code of the National Association of Broadcasters, the stipulation decreed that before 9:00 p.m. "entertainment programming inappropriate for viewing by a general family audience should not be broadcast" (Cowan 113). The definition of "inappropriate programming" was left to the individual networks, but as the 1975-1976 television season drew near, it became clear to a production company in Los Angeles that the definitions would be strict. The producers of M*A*S*H (which aired at 8:30 p.m.) learned from the CBS censor assigned to them that three of their proposed programs -- dealing with venereal disease, impotence, and adultery -- would not be allowed (Cowan 125). The series Rhoda could not discuss birth control (131) and the series Phyllis would have to cancel a show on virginity (136). Television writers and producers began to rebel, and in late 1975 their Writers Guild brought a lawsuit against the FCC and the networks with regard to the creative impositions of the Family Viewing Hour. Actor Carroll O'Connor (as quoted in Cowan 179) complained, "Congress has no right whatsoever to interfere in the content of the medium", and writer Larry Gelbert voiced dismay (as quoted in Cowan 177): "situation comedies have become the theater of ideas, and those ideas have been very, very restricted". The judge who heard the case in April and May of 1976 took until November to issue his decision, but when it emerged it was polished and clear: the Family Viewing Hour was the result of "backroom bludgeoning" by the FCC and was to be rescinded. According to the judge, "the existence of threats, and the attempted securing of commitments coupled with the promise to publicize noncompliance ... constituted per se violations of the First Amendment" (Corn-Revere 201). The fate of the Family Viewing Hour may have been a sort of premoniton: The American Civil Liberties Union is currently bringing a similar case against proponents of the V-chip -- a case that may produce similar results. Whether or not the V-chip will withstand judicial scrutiny, there are several problematic aspects to the device and any possible successors. Its usage would appear to impinge on the providers of violent content, on the viewers of it, and indeed on the fundamental legal structure of the United States. To confront the first of these three problems, significant use of the V- chip by parents would measurably reduce the audience size for certain programmes containing symbolic violence. Little else could have greater impact on the American television system as it is currently constituted. A decrease in audience numbers quickly translates into a decrease in advertising revenues in an advertising system such as that of the United States. Advertisers may additionally shy away from a shunned programme because of its loss of popularity or because its lowered ratings have clearly stamped it as violent. The decline in revenues would make the programme less valuable in the eyes of network executives and perhaps a candidate for cancellation. The Hollywood production company would quickly take notice and begin tailoring its broadcast content to the new standards. Blander or at least different fare would be certain to result. Broadcast networks may begin losing viewers to bolder content on less fastidious cable networks and in particular to the channels that are not supported and influenced by advertising. Thus, we might anticipate a shift away from the more traditional and responsible channels towards the less so and away from advertising-supported channels to subscriber-supported channels. This shift would not transpire according to the traditional governing mechanism of television -- audience preferences. Those to whom the censored content had been destined would have played no role in its neglect. Neglect would have transpired because of the artificial intercession of controls. The second area to be affected by the V-chip, should its implementation prove successful, is viewership, in particular younger viewers. Currently, young viewers have great license in most households to select the content they want to watch; this license would be greatly reduced by the V-chip, which can block out entire genres. Screening for certain levels of violence, the parent would eliminate most cartoons and all action- adventure shows, whether the child desires some of these or not. A New York Times reporter, interviewing a Canadian mother who had been an early tester of a V-chip prototype, heard the mother's 12-year-old son protesting in the background, "we're not getting the V-chip back!" The mother explained to the reporter, "the kids didn't like the fact that they were not in control any longer" (as quoted in DePalma C14) -- with good reason. Children are losing the right to pick the content of which they are in psychological need. The V-chip represents another weapon in the generational war -- a device that allows parents to eradicate the compensational content of which children have learned to make enjoyable use. The consequences of all this for the child and the family would be unpleasant. The chances that the V-chip will increase intergenerational friction are high. Not only will normal levels of tension and animosity be denied their outlet via television fiction but also so will the new superheated levels. It is not a pleasant prospect. Third, the V-chip constitutes a strong challenge to traditional American First Amendment rights of free speech and a free press. Stoutly defended by post-World War II Supreme Courts, First Amendment rights can be voided "only in order to promote a compelling state interest, and then only if the government adopts the least restrictive means to further that interest" (Ballard 211). The few restrictions allowed concern such matters as obscenity, libel, national security, and the sometimes conflicting right to a fair trial. According to legal scholar Ian Ballard, there is no "compelling state interest" involved in the matter of television violence because "the social science evidence used to justify the regulation of televised violence is subject to such strong methodological criticism that the evidence is insufficient to support massive regulatory assault on the television entertainment industry" (185). Even if the goal of restricting television violence were acceptable, the V-chip is hardly "the least restrictive means" because it introduces a "chilling effect" on programme producers and broadcasters that "clearly infringes on fundamental First Amendment rights" (216). Moreover, states Ballard, "fear of a slippery slope is not unfounded" (216). If television violence can be censored, supposedly because it poses a threat to social order, then what topics might be next? It would not be long before challenging themes such a feminism or multiculturalism were deemed unfit for the same reason. Taking all these matters into consideration, the best federal policy regarding television violence would be to have no policy -- to leave the extent of violent depictions completely up to the dictates of viewer preferences, as expertly interpreted by the television industry. In this, I am in agreement with Ian Ballard, who finds that the best approach "is for the government to do nothing at all about television violence" (218). Citation reference for this article MLA style: Jib Fowles. "Television Violence and You." M/C: A Journal of Media and Culture 3.1 (2000). [your date of access] <http://www.uq.edu.au/mc/0003/television.php>. Chicago style: Jib Fowles, "Television Violence and You," M/C: A Journal of Media and Culture 3, no. 1 (2000), <http://www.uq.edu.au/mc/0003/television.php> ([your date of access]). APA style: Jib Fowles. (2000) Television Violence and You. M/C: A Journal of Media and Culture 3(1). <http://www.uq.edu.au/mc/0003/television.php> ([your date of access]).

En cette ère que plusieurs surnomment le « Web 2.0 », les usagers se sont emparés avec enthousiasme des fonctions liées aux communications et au partage sur Internet, ce médium devenant ainsi une nouvelle plate-forme pour les enjeux liés à la vie privée et à la réputation. La diffamation constitue justement un des problèmes prédominants constatés en lien avec ce contenu électronique, plus particulièrement lorsqu’il est question de contenu généré par les utilisateurs. Face à cet outil permettant une diffusion et une intéractivité sans précédent, comment devons-nous aborder Internet au regard des règles de droit applicables au Canada en matière de diffamation? L’analyse juridique traditionnelle sied-elle aux nouvelles réalités introduites par ce médium? Le bijuridisme canadien nous impose d’étudier parallèlement les régimes de droit civil et de common law et ce, dans une optique comparative afin de comprendre les concepts et le fonctionnement propres à chacune des approches juridiques cohabitant au pays. Cette analyse nous permettra de mettre en lumière les particularités du médium électronique qui se révèlent pertinentes lorsqu’il est question de diffamation et qui font la spécificité des situations et des acteurs en ligne, distinguant ainsi Internet des modes de communications traditionnels que le droit connaît. Cette approche comparative permet de poser un regard critique sur chacun des régimes de droit en vigueur au Canada, considérant la réalité propre à Internet et au contenu généré par les utilisateurs, mais surtout, vise à promouvoir le développement de méthodes d’analyse véritablement ancrées dans le fonctionnement du médium en cause et susceptibles d’évoluer avec celui-ci.<br>In this era often called « Web 2.0 », users have jumped with enthousiasm on the functions of communications and sharing on the Internet, this medium becoming a new platform for issues relating to privacy and reputation. Defamation is one of the main concerns about electronic content, more specificially regarding user generated content (UGC). Dealing with this tool which enables an unprecedented dissemination and interactivity in communications, how should we treat Internet with regards to the legal rules applicable in matters of defamation in Canada? Does the traditionnal legal analysis fit the new reality introduced by this medium? Because of Canada’s bijuralism, we will study separately the civil law and common law regimes with a comparative method in order to understand the concepts and the functionning specific to each of the legal approaches cohabiting in Canada. It will allow us to identify the special features of the electronic media which stand out when confronted with matters of defamation and which caracterize the specificity of the online context and users, therefore distinguishing it from the traditionnal means of communication known by the law. This comparative analysis aims to take a citical look at each of the law regimes in effect in Canada, considering the reality of Internet and its user generated content. Mainly, this study aims to foster the development of analytical methods truly entrenched in the functionning of the medium concerned and likely to evolve therewith.

Defamation, a tort that protects a claimant’s reputation, has been the subject of much debate in recent years, culminating in the passing of the Defamation Act in 2013. A tort of historic origin, defamation raises novel challenges in an age of internet and digital communication technology, particularly given increasing concerns about freedom of expression, and the protection of privacy. Like many aspects of the law discussed in this book, moreover, defamation has not been left untouched by human rights developments. The chapter begins with an introduction to defamation, covering the meaning of ‘defamatory’ and libel and slander. It then discusses elements of liability, both in the common law, and under the Defamation Act 2013; defences; damages; mitigation of damage; and injurious falsehoods and passing off.

Chapter 4 explains the endurance and permutation of the ritual murder accusation in the Soviet landscape of the interwar years. The occurrence of the blood libel epitomizes some aspects of the nature of the Bolshevik experiment, and becomes an indicator of the limits (and triumphs) of the Soviet attempt to modernize society. Ritual murder accusations grew out of the power of slander and denunciatory frenzy that enveloped Soviet society. But the accusation also resulted from the encounter between Jews and peasants in the context of a system that violently promoted urbanization and new socioeconomic structures. The intensity of the anti-religious propaganda inadvertently played a role in maintaining this powerful anti-Jewish myth, as the attack on circumcision and kosher slaughtering reinforced anti-Jewish stereotypes. Finally, the transformation of ritual murder echoes the process of Jewish women’s empowerment: only in Soviet society could Jewish women become perpetrators of ritual murder.

This chapter is a report about negotiating the boundaries of appropriate political discourse via Twitter. The instance looked at in depth is the communication about the shooting of Representative Giffords in 2011. The first month over 400,000 messages referred to Giffords and substantially more referred to the controversy about the campaign rhetoric of targets and reloading. The authors tracked the communication in 6 ongoing collections of streams of messages and 2 that resulted from the shooting and controversy. One stream was about how “terrorist” was used in characterizing the shooter. The major controversy was about the use of targeting or gun references in campaign rhetoric. Palin released a video using the phrase “blood libel” leading to opposing interpretations of the appropriate use of the term. The authors look in less depth at the controversy in early 2012 about Rush Limbaugh's characterization of a student who testified to a committee of the House of Representatives. That controversy reinforced points found in the communication about the Giffords shooting. It also reminds us that the boundaries of appropriate political rhetoric are continuously negotiated in a free speech society and that there is now a new domain for the negotiation in the new media.