Where There Is an Invasion of Privacy by the Media, an Action in Tort Essay

Where There Is an Invasion of Privacy by the Media, an Action in Tort is Really only an Option for the Wealthy - Essay Example Recent events have added credence to this view; the law and its application by the judiciary has come under intense criticism from the media, celebrities, and politicians. In general terms, tort refers to a civil wrong because it is committed by a person against the other (the term â€Å"person† includes legal entities like companies). The law of tort and especially that relating to privacy are founded on the belief that each person has certain interests that have to be protected by law.1 These interests can be protected by the court in two main ways; issuing an injunction to the defendant to refrain from interfering with the interest of the complainant, and awarding damages for infringement of protected interest of a particular individual. Recent years have witnessed increasing number of people getting concerned about their reputation and privacy. Therefore, in an event that the reputation and privacy is infringed by writing or untrue speech, damages may be sought in the cour t of law by the aggrieved party.2 In English law, privacy law considers that individual has a right to informational privacy and the situations in which such right should be protected or disregarded. Specifically, this right to informational privacy protects individuals’ private information against unauthorized disclosure or misuse.3 The media has been the biggest â€Å"culprit† of violating the right to privacy of people in the UK. Most cases relating to privacy are usually brought against media companies.4 Recent years have witnessed a rising number of people especially the celebrities and the politicians bringing privacy cases against media companies, as well as seeking injunction from the court to refrain media from interfering with their informational privacy.5 These individuals seek informational privacy on a number of issues such as: communication privacy, health privacy, relationship privacy, and financial privacy among others. Previous and present cases relati ng to privacy show that most people who opt for tort are the wealthy and there is very small evidence of â€Å"non-wealthy† opting for an action in tort in regard to privacy. There has been a raging debated on whether, indeed, where there is an invasion of privacy by the media, an action in tort is really only an option for the wealthy. This debate has been fueled by the increasing evidence of the wealthy opting for action in tort while negligible number of â€Å"non-wealthy† opting for the same.6 This paper will discuss this debate with the view of finding out whether it is true or not. Privacy Law in the UK It is important to note that English law has no specific tort to defend privacy. As a result, the courts have had to confront this situation and balance the individual’s privacy rights against the right to freedom of speech which is often â€Å"attacked† in most cases relating to privacy.7 The development of protection of human privacy in English Com mon law has been helped greatly by the UK Human Rights Act 1998 that was incorporated through the European Convention on Human Rights (ECHR). Particularly, Article 8 of the Convention helped in guaranteeing the right to privacy into the English Common law.8 That notwithstanding though, English Common law does not have a freestanding tort of privacy. In the absence of such tort law, a variety of torts linked to inflicting harm to a person intentionally, principles of administrative law relating to proper use of police powers, and equitable remedy of confidence have been used to resolve cases relating to infringement of privacy of individuals.9 As reaffirmed in the case of Wainwright v Home Office, the application of multiple remedies and emphatic and frequent assertions by the judiciary, shows that there is

To what extent do you agree with the view that HRM is probably the Essay

To what extent do you agree with the view that HRM is probably the most culturally sensitive of all managerial functional areas - Essay Example Furthermore, an organization’s socio-cultural environment affects the adaptation of Human Resource Management Strategies and different cultural contexts pose different challenges. For firms doing business in multicultural environments or generally across cultures parochial views to management of human resources can proof disastrous. This paper looks into the strong interrelationship that exists between Human Resource Management (HRM) and people’s culture. Theories that have been developed to explain the phenomenon are also to be explored. Today’s business environment has taken a turn to be one that is highly globalised meaning that a firm operating in a certain area or country, it does not necessarily expect to have people of that area only or even that country alone (Lawson & Shen 1998). This therefore stipulates that such kind of an organization should expect to have a workforce that is multiethnic or exhibiting variations in cultural backgrounds. This hereby calls for the HR Manager or the management to embrace this fact so as to ensure survival in the increasingly competitive and volatile global business environment. Just but to give an example is the tendency where firms from the developed countries set camp in developing countries and move ahead to adopt standard HRM approaches to their new workforce. This kind of approach tends to undermine the cultural reality of the people and these strategies before long crumble to the management’s amazement. This not withstanding, knowledge of the target mark et’s culture is essential in ensuring a firm’s survival. Culture in this regard is the collective social occurrence that goes on to affect the HRM practices in an organization operating in a particular cultural context. A culture of a people is a phenomenon that cannot be changed due to the fact that it has been with them for a long time and that they identify themselves with it. Culture in this respect gives one their

Employee Involvement and Employee Participation Essay

Employee Involvement and Employee Participation - Essay Example However, the increase of competition in all industries worldwide resulted to severe turbulences in most firms’ internal and external environment. In this context, efforts are made so that the interests of employees are adequately promoted ensuring that job satisfaction and employee performance are at high levels. Moreover, emphasis is given on the involvement of employees in all organizational activities. The modes of employee participation and employee involvement, as these terms reflect different aspects of the employment relationship, are analyzed below. Particular reference is made to shared capitalism which is often regarded as a form of employee involvement. Employee involvement is differentiated from employee participation. In order to understand the characteristics of these two terms it would be necessary to refer to their definitions, as they have been developed in the literature published in this field. In accordance with Foot and Hook (2008) employee involvement is used in order to reflect the right of employee to participation in various phases of organizational activities. It is explained that the above right is provided to employees in order for their engagement and productivity to be increased (Foot and Hook 2008). On the other hand, Secord (2003) defined employee involvement as ‘a range of processes designed to engage the support, understanding and optimum contribution of all employees in an organization’ (Secord 2003, p.231). From a similar point of view, Cummings and Worley (2008) note that employee involvement reflects ‘the participation of employees in various organizational decisions’ (Cummings and Worley 2008, p. 350). The cases of Wells Fargo and Verizon as mentioned as examples of the potential effects of employee involvement in organizational decisions. It is explained that the above organizations supported employee involvement, by encouraging their employees to suggest practices that would help towards the increase of organizational performance. In accordance with Kirkman, Lowe and Young (1999) employee involvement can have three levels: ‘a) the parallel suggestion involvement, b) the job involvement and c) the high involvement, or, else, empowerment’ (Kirkman, Lowe and Young 1999, p.4). The mode of employee involvement promoted within a particular organization is depended on the organization’s culture but also on its aims. Employee involvement, as described above, is differentiated from employee participation, a term used in order to describe the regulation of employment relationship by the state. Of course, employee participation can also refer to empowerment and participation in decision-making but it refers to these activities as related rather to industrial democracy, i.e. for highlighting a right given by the state, as for instance, the collective bargaining right (Evans 2001). In accordance with Rose (2008) employee participation can be defined as Ã¢â‚¬Ë œthe extent to which employees and their representatives should and do enter into joint decision making with management’ (Rose 2008, p.335). Winstanley and Woodall (2000) note that since 1980s the context of employee participation has been changed; in its new form, the term employee participation is used in order to show the increase of employee commitment as a means for promoting organizational change. In any case employee involvement often incorporates the elements of employee parti

Copyright in digital media Essay Example | Topics and Well Written Essays - 2500 words

Copyright in digital media - Essay Example The 1998 Digital Millennium Copyright Act (DMCA) embodies the legislative shift from treating various products as public resources to seeing them as corporate assets (Wright 83). DMCA was designed to give corporate content producers, â€Å"global protection from piracy in a digital age† (Wright 83). Different viewpoints on the ideology and goals of copyright laws are embedded in the history of copyright protection. Some support it for the interest of owners and publishers/producers, others oppose it because it breaches the First Amendment and lacks consideration for diverse stakeholders, while several people offer alterative ideologies and licensing solutions. For Tighter Regulations and Implementation of Copyright in Digital Media Chloe Albanesius writes for PC Magazine and she reports an example of implementation of copyright laws in the Internet. She describes the agreement between ISPs and content companies: â€Å"Do you subscribe to HBO or did you illegally download [a T V episode]? If it's the latter, you might find yourself in receipt of a warning from your ISP, thanks to a new agreement between Hollywood studios and service providers.† She notes that ISPs and media firms believe that with the help of one another, they can stop illegal sharing online. Furthermore, Albanesius illustrates how their collaboration works through the â€Å"Copyright Alert System.† Several warning stages are present in this system: Going forward, users will get a notice if they are suspected of illegal downloading. If they ignore that message, the ISP might resort to pop-ups or redirecting to special Web sites that display the alert. If those too are ignored, the ISP will turn to â€Å"mitigation measures,† which could include throttling or permanent re-direction to a warning landing page until contact is established. (Albanesius) The system aims to protect copyright through several security layers. Albanesius depicts how ISPs and content owners work together for a tighter implementation of copyright laws. The strengths of Albanesius’ article are her specific example of copyright implementation and the description of the role of ISPs in copyright law, while its main weakness is not interviewing Internet consumers and their reactions to the â€Å"Copyright Alert System.† Albanesius provides a specific example of copyright implementation, which concretizes the actions that the government and ISPs are taking to protect copyright owners. By describing how â€Å"Copyright Alert System† works, including its limitations, she fully explains it to Internet users. Moreover, Albanesius illustrates the role of ISPs in copyright law. ISPs have a large role to play in ensuring that copyright law is applied in the digital sphere (Albanesius). Their support is critical to the effectiveness of these laws (Albanesius). Despite these strengths, Albanesius does not interview other stakeholders. Her article does not have intervi ews with Internet consumers, and so readers will not know their reactions to the â€Å"Copyright Alert System.† Readers will not know how users, especially those involved in accessing P2P sharing websites, feel about this system. Without user feedback, it will be hard to know if they follow copyright laws or not. Albanesius’s article enlightened readers about the actual implementation of

MLA Essay Example | Topics and Well Written Essays - 1250 words

MLA - Essay Example ). The figures above are used not to merely denote the size of the company and the amount of working capital it has, but represents an organization that means business, spells business and does it efficiently. They have been in the forefront of creating ‘The Human Network Effect’ which is the main theme all their advertisements are based on. One of the most interesting features of the company lies in its strategy to acquire other companies to add to its existing talent pool of software engineers. ‘Cisco is intentionally influencing knowledge flows through its management of IT.’ (Managing knowledge for sustained competitive advantage, Jackson. Susan, p 70). Being a company that reported a growth in sales over 50% annually in a timeframe of five consecutive years, this is truly a power to be reckoned with. This resultant growth is only due to its employees. It is because of the employees, hired in the best interests of the company who drove the sale’s m achinery and gave it immense profits that multiplied over the years. But, things have changed since the last few years. The global recession has not only dashed the hopes and wealth of large business enterprises, but also created a sense of intense fear and insecurity in the minds of good workers and employees. In this scenario, the training imparted to employees becomes all the more important because it defines their future roles and shapes their goals when they join the company. Though, currently, this kind of emotional distress seems to be an ongoing problem with most of the business establishments, Cisco needs to be treated differently because of the quality of the workforce it needs to maintain. This is main the reason why Cisco cannot avoid not having a training budget. Training employees is important to make them productive and contribute towards efficient and profitable performance in the long run. It can also act as a retention strategy and ensure that the best and more pro ductive

History musicMichael Jackson Essay Example | Topics and Well Written Essays - 1000 words

History musicMichael Jackson - Essay Example He was won more than a dozen Grammys, had multiple albums go platinum, and made millions of dollars in sales and merchandising. However, there was more to the story than just a tale of success and wealth. Michael Jackson used his celebrity to draw attention to important issues that needed addressing, as well as, humanitarian and charitable causes worthwhile of being noticed. In this, Michael Jackson’s career transcended musical genres, he evolved himself and his music to the needs and causes that were relevant to the times. Michael Jackson was born in August of 1958. He was the 7th of 9 children. Raised in a large and musical family he became the headliner of the family’s musical group, â€Å"The Jackson Five.† Unfortunately, the experiences in the earliest years of his career were some of the most difficult. The group’s father was rather strict and difficult to please. Regardless the â€Å"Jackson Five† went on to great fame and the Jackson boys became a household name to fans all over (Rolling Stone 1). However, Michael’s greatest success would come when he began his solo career in the late 1970s. In the early 1980s the music produced by Wham and The Bangles were phasing the last of the Disco dance hits out. It was here that Michael Jackson fit in to the upbeat pop of the era. He released Thriller in 1982, which changed the way people perceived the potentials of music videos for generations to come (CNN 1).These songs reflected the more fun loving, almost decadent, times that defined the early 80s decade. The lyrics reflect the fun of dance and creativity. However, while life was good in the United States, other nations around the world were struggling just to survive. Michael Jackson co-wrote â€Å"We Are the World† in order to draw attention to the famine, disease, and suffering occurring in Africa (CNN 1). It was here that much of Jackson’s work began to reflect a message of universal unity and peace, ,making changes in one ’s self, and

Social setting Essay Example for Free

Social setting Essay Discuss the degree to which Suskind has offered a strong image of the social setting in the novel Perfume and estimate the importance of a sense of social context for the novel as a whole. In the novel Perfume Suskind offers the reader a vivid and comprehensive view of 18th century French society during the pre revolutionary period. While the main focus of the plot involves the development of the protagonist, Grenouille, the characters he encounters enable Suskind to present a satirical view of the Age of Reason by revealing the folly of individuals from different levels of French society. The novel may also be viewed as a fable which foreshadows the coming revolution which will tear apart the social hierarchy. As well as offering a satirical critique of society, the strong image of social setting lends credibility to the fantastical elements of the novel. This is achieved through a variety of narrative techniques, including vivid imagery. Suskind employs imagery to highlight the satirical nature of the work. This can be clearly illustrated in the way Suskind sets the scene at the beginning of Perfume: The peasant stank as did the priest, the apprentice as did his masters wife, the whole of the aristocracy stank, even the king himself stank, stank like a rank lion and the queen like an old goat (Suskind p. 4) The parallel structure juxtaposing peasant with priest; apprentice with masters wife suggests that while the social structure of 18th century France was hierarchical and the fact that everyone stank equally badly was actually a kind of leveler. The reference to the hierarchy leads the reader to consider that this social structure will be torn apart by the French Revolution. While the novel is set some 40 years prior to the revolution, the reader is aware that this society is soon to be subject to a bloody revolution in which the distinctions between the social classes will be shaken to their foundations; this description of the smell is an ironic indication while some felt superior to others in this society, in fact everyone was human: everyone stank. Another example of this technique used to draw attention to the satirical aspect of the novel can be found in the orgy scene which may be viewed as an allegorical foreshadowing of the revolution as chaos ensues when hierarchy and propriety are cast aside and people succumb to their baser emotions: they fell down anywhere with a groan and copulated in the most impossible positions and combinations: grand-father with virgin, odd-jobber with lawyers spouse, apprentice with nun, Jesuit with freemasons wife all topsy-turvy, just as opportunity presented. (Suskind p. 247 Suskind again uses parallel structure to emphasize the juxtaposition of individuals from different social classes and ages which the breakdown in the social hierarchy. The narrator takes the same slightly amused tone as he describes the shocking scene for the reader as though delighting in the impropriety. The narrative voice encourages the reader to take an objective view of the proceedings and reflect that this abandonment to sexual desire is triggered by something which they are not aware: the perfume. Another example of the way Suskind highlights the gullibility of human beings is illustrated through the setting described as Grenouille is pursing the scent of the girl from the rue de Marais : And while from every side came the deafening roar of petards exploring and of firecrackers skipping across the cobble-stones, rockets rose in tote sky and painted white lilies against the black firmament. Thronging the bridge and the quays along both banks of the river, a crowd of many thousands accompanied the spectacle and aahs and oohs and bravos, even some long lives although the King had ascended his throne more than 38 years before and the high point of his popularity was long since behind him. Fireworks can do that. P. 39 Suskind satirizes the way human beings can be manipulated by something as simple as fireworks. The scene is quite ironic as the reader is aware that the people who are cheering for the king will be rejoicing as his son, the next king is executed in 30 years. Suskind suggests the simplicity of people through the vocalizations mentioned aahs and oohs. The use of the simple short sentence at the end of this description amplifies the narrators ironic stance. Suskind offers a satirical portrait of the middle class through the character of Baldini. He represents the kind of person who cannot accept the new ideas emerging during the age of reason. Baldini is an old man who seems to be having trouble adjusting to changes in society. On page 58-59, the internal monologue of Baldini suggests his frustration with the world. What was the need for all these new roads being dug up everywhere, and these new bridges? What purpose did they serve? . This shows that Baldini is confused about the new developments in the world. Baldini also has issues with the new scientific discoveries that have been made. The latest is that little animals never before seen are swimming about in a glass of water and the earth is no longer round like it was, but flat on the top and the bottom like a melon- as if it made a damn bit of difference! . This internal monologue illustrates that Baldini doesnt approve of the changes and the new discoveries that have been recently made. He seems to have trouble accepting that things are changing and old theories have been overturned. The church is also presented satirically. This is achieved in Suskinds characterization of father terrier. Father Terrier claims that he is a man of reason, but is part of the church. The church is not based on reason. Suskind mocks Father Terrier because he wouldnt take logic to its natural conclusion. He is also presented comically when he hitches up his cassock. He is also outsmarted by the wet nurse because when she claims that Grenouille is a devil child he says that it is impossible for him to be the devil because he has not been exposed to the outside world. When he decides to smell Grenouille, he realizes that the wet nurse was right and he doesnt actually have a smell. As soon as he realizes this he gets rid of Grenouille. The presentation of the Marquis creates satirical view of the nobility and emerging interest in science. He is described as an enlightened idiot. He believed the theory of the fluidium letale which is totally absurd.