The Protection of Reputation in Japan: A Systematic Analysis of Defamation Cases

Although Japanese defamation law has been a subject of legal interest for scholars and judges, their main focus was the defamation rules that appeared in cases publicized by legal reporters. The following study coded 232 defamation cases against the media that were decided in district courts in Japan, according to the type of database that reported the cases. Statistical results reveal that newspapers are more likely to report defamation cases than other databases because stories about defamation cases may satisfy readers' interest or because the newspaper might have been informed by plaintiffs who won their cases. The results also show that the professional status of the plaintiff is a predictor of the case outcome. Politicians and officials are less likely to win in defamation cases than are executives and criminals, and they received lower damages than athletes and entertainers.     

Some Cases from the Defamation Jurisdiction of the Archdeaconry of Richmond

Unusually, the archdeaconry of Richmond had two consistory courts, one in Chester and one in Richmond. This may well be the first study to be based upon the Richmond records. The mid-sixteenth century ‘explosion’ in the ecclesiastical defamation workload which other commentators have identified was being felt later, possibly by as much as a century, in Richmond than anywhere else in the country. The Richmond records provide the first firm evidence that the ecclesiastical courts were prepared to countenance defamation actions based upon the wrongful imputation of murder. Allegations of sexual irregularity were by far the most common subject of ecclesiastical defamation actions. Women were most likely to complain about allegations concerning their constancy; men for those touching upon their probity.     

网络诽谤犯罪立案管辖之困境与价值抉择

本文对网络诽谤犯罪案件载体与形式进行了重新评估,并解释了刑法扩张的合理性,试图从诽谤犯罪规制的价值选择出发,考察域外法制,平衡社会公益与公民权利,平衡言论自由与公民人格尊严,提出修正现行法律规范的建议,或加强公权力救济、强化现行法律框架下的侦查权合理运行。     

Toward Normalization of Defamation Law: The U.K. Defamation Act of 2013 and the U.S. SPEECH Act of 2010 as Responses to the Issue of Libel Tourism

In the wake of several high-profile libel actions brought by U.S. celebrities and foreign businessmen in London because of more favorable defamation laws there, London was dubbed the “libel tourism capital of the world.” The U.S. response in 2010 was the passage of the SPEECH Act, preventing courts from enforcing libel judgments from foreign jurisdictions not providing the same level of protection as the United States. Similarly, in 2013 the United Kingdom responded to international and national criticism by passing the Defamation Act to address the loophole in its system that caused the abuse. Both acts have been criticized, the first for its aggressiveness, and the second for its conservative nature. This article examines the development of the law of defamation in the two jurisdictions and analyzes the content of both statutes, along with their criticisms, proposing international cooperation to address the issue of libel tourism.     

Defining Defamation: Community in the Age of the Internet

The ability to instantly communicate with a global audience has created numerous legal uncertainties as jurists struggle to adapt age-old jurisprudence to modern-day technologies —and defamation jurisprudence is no exception. The definition of a plaintiff's community is critical to his or her ability to succeed in a defamation lawsuit, often determining whether the plaintiff is a public figure or whether the plaintiff's reputation has been injured in his or her community. This article examines federal and state defamation jurisprudence to compare the factors courts have used to define community in both traditional print and broadcast cases with the factors used in more recent Internet defamation cases. It then suggests three possible rubrics courts could employ to more uniformly define community in Internet defamation cases.     

The Failure of Defamation Law to Safeguard against SLAPPs in Ontario

The authors examine the failure of the law of defamation in Canada to reflect changed realities with respect to public participation in decision-making processes and the impact that this has had on Strategic Lawsuits Against Public Participation (SLAPPs) in the Ontario context. They examine the enhancement of the public's substantive and procedural rights to participate in environmental decision-making processes reflected in legislation at the international, federal and provincial levels. They argue that SLAPPs threaten to reverse these shifts in norms in the development of public policy. The authors review anti-SLAPP legislation as well as the evolution of defamation law in Canada and other jurisdictions and conclude by offering some law reform recommendations for Ontario.     

新媒体背景下的诽谤罪认定

新媒体作为现代传播体系中不可或缺的组成部分，在信息传播过程中具有信息传播的即时性与广泛性、信息平台的数字性与多样性、信息交流的自由性与持续性和信息受众的平等性与互动性等特点。因此，在新媒体的背景下，在认定诽谤罪中的散布行为时应考量“公然性”的条件；在认定损害结果时应着重传播手段的严重性；在认定犯罪主体时应根据不同的传播方式区别对待；在认定犯罪主观故意时应当包括间接故意，以此准确认定诽谤罪。     

Winners and losers and Why: A Study of Defamation litigation

This article summarizes the results of a study of 534 reported defamation cases decided over a period beginning in 1976 and ending just before the Hutchinson and Wolston decisions of mid-1979. A major aspect of the study was the comparison of media and nonmedia defamation cases, which appear quite different. Each case was studied to identify, among other things, the plaintiff and the defendant, the statement that provoked the suit, the context of that statement, the role of state and federal law in resolving the case, and the procedural stages at which each case was resolved. A follow-up study to identify changes since Hutchinson and Wolston is in progress.     

Re-Defining Defamation: Psychological Sense of Community in the Age of the Internet

In the era of traditional media, courts typically relied upon geographic constraints, including where a plaintiff lived or worked, to determine the appropriate community in defamation cases. The rise of the Internet has dramatically changed society – easily and immediately linking users across geography while allowing the rapid spread of information through a variety of channels that pose a challenge to the traditional media model centered around editorial judgment and professional ethics. Thanks in part to its global reach, the Internet has allowed users to engage in both business and social relationships around the world. Because of this, a person's need for a good reputation can no longer be confined solely to location. As a result, this article argues that courts must begin to evaluate other factors when determining relevant community in online defamation cases, positing that courts should utilize factors associated with psychological sense of community theory.     

Liberalizing British Defamation Law: A Case of Importing the First Amendment?

Regardless of whether American law tends to be too outlying to be relevant to the rest of the world, the U.S. free speech jurisprudence is more impactful than ever. Indeed, the United States remains a real-life laboratory for other countries in resolving clashes between press freedom and reputation. Jameel v. Wall Street Journal Europe and other recent English media libel cases are a good illustration. This article examines the liberalization of U.K. defamation law in connection with the U.S. actual malice rule while noting English courts' significant adoption of neutral reportage, which American courts consider to be less viable as a libel defense. The principle of functionality informs the article's analytical framework.     

George W. Bush in Political Time: The Janus Presidency

This essay places George W. Bush's presidency and the Bush administration in some historical context by applying the model of "political time" developed in recent books by Stephen Skowronek (2008 ) and Keith Whittington (2007 ). My thesis is that Bush's political failure during his second term was largely the result of structural tensions created by the attacks of September 11, 2001, that no leader could have overcome. This argument is an extension of Skowronek's and Whittington's views that the executive branch's relationship to other governing institutions is shaped primarily by the president's relative position in the party system. In essence, 9/11 undermined the coalition forged by Ronald Reagan by pushing President George W. Bush to pursue radical change. These actions could not be squared with his need, as the leader of the majority party, to maintain electoral stability. A presidency divided against itself in this way cannot, and did not, stand.     

Anything less is not feminism: Racial difference and the W.M.W.M.

Feminism is the political theory and practice to free all women: women of colour, working class women, poor women, physically challenged women, lesbians, old women as well as white heterosexual, economically privileged women. Anything less is not feminism, but merely female self-aggrandisement. White Middle-class Women's Movement. My special thanks to Susie Gibson for her insight and support on this project. Thanks to Akua Rugg for being there.     

Arab Defamation Laws: A Comparative Analysis of Libel and Slander in the Middle East

Nations in the Arab world are known for their restrictions on press freedom, with public officials often using defamation laws to hinder good journalism. To promote reform, this article analyzes defamation laws of six Arab countries – Egypt, Jordan, Kuwait, Lebanon, Libya and the United Arab Emirates – and compares them to international norms. In areas with strong press protections, three characteristics related to defamation law were identified. First, defamation cases should be handled by civil lawsuits rather than police complaints, so journalists are not threatened with jail for their reporting. Second, the law must afford greater scrutiny for public figures than for private individuals so that the powerful cannot stifle public debate. Third, truth must be an absolute defense against allegations of defamation, so that people cannot protect an undeserving good reputation. The analysis reveals that defamation provisions in these countries are not in alignment with international norms.     

名誉权与言论自由:宣科案中的是非与轻重

本文围绕不久前审结的一场名誉权诉讼展开讨论。文章首先分析了该案涉及的事实和法律问题;然后揭示并讨论了该案中被遮蔽和忽略的具有重要意义的宪法问题;最后则对法院审理名誉权诉讼时应当遵循的原则作了进一步的讨论。本文的基本观点是名誉权诉讼包含了公民人格尊严和言论自由两种基本权利之间的紧张关系。处理名誉权诉讼的正确办法不是先验地确定何种权利当然地具有优先性,而是在民主宪政的一般原则之下,根据每一案件的具体情况,判断什么是最值得保护的价值,并在此基础上平衡各种不同利益。