UK draconian libel laws and how they are abused
Written Report + PowerPoint Presentation
The topic: UK's Draconian Libel Laws And How They're Abused
There are two parts to this task relating to the current topic in communication and media law. In the first part, each
student must research and present an oral report on their current topic of between 12-15 minutes. In the second part
of the task, each student must follow up with a written report of 1500 words on the same topic.
Written report of 1500 words on the same topic
Selection of Current Topic
A student can suggest a topic and simply ask the instructor to approve it. You may decide to explore in depth one
of the issues we’ve discussed in class.
WARNING: Current topics are changing rapidly. Be sure to cite current sources. An article written in 2004, or
prior to 2008, might provide a foundation, but it is likely greatly outdated.
WARNING: No two students can take the same topic. If you collaborate with another student, one of you should
take the “yes” position and the other student should take the “no” position, or you must take two different angles
on the same topic and gather information separately.
See the appended list of suggested topics below for ideas.
You can go online to the ZU library databases and find many resources. You can also seek assistance from ZU
librarians.
Guidelines
A section of your oral and written report must address the question of how does this issue affect the principle of
freedom of speech and/or of the press? In this course we consider the Universal Declaration of Human Rights. Be
sure to review this before giving your presentation or writing your
report:https://jimbuie.wordpress.com/2014/10/16/u-s-first-amendment-in-history/
Your report shall include at least five original sources, not including Wikipedia. Original sources can be legal
documents, books, magazine or newspaper articles, or analyses found online by research institutes or advocacy
organizations. Students may also conduct original interviews if they choose.
Wikipedia can give you an introduction to the topic, but cannot be quoted or cited as a source. Wikipedia points
you to the original sources of the information.
Your oral report should include audio-visual elements, PowerPoint or Prezi.com slides. It can also include, but
should not be exclusively video clips of five minutes or less from Youtube.com or other online streaming service
on an issue of relevance to media law.
WARNING: Beware of potential plagiarism. You must submit your paper to Blackboard, which will tell you,
through SafeAssign, how much of your document is copied. If your report is more than 20% plagiarized, you will
receive an automatic F. Blackboard gives you the opportunity to revise it and upload it again. But once you have
submitted the paper on Blackboard, once the deadline has passed, there are no more opportunities to revise it.
Solution
Introduction
In any given country, it is important that people have particular laws that govern them. It is
evident that different people have different ways in which they carry out their daily activities.
Consequently, the diverse cultural ways of people determine how the government within the
given country will deduce various laws. Every person in the different countries has various kinds
of rights, including and not limited to freedom of speech. Laws are there to protect people’s right
as well as maintaining order in the entire given country. However, it is noted that there are times
in which some laws are observed to be draconian. In this sense, it means that the laws that are
enacted are harsh, and the entities that are targeted by the laws face difficulties while carrying
out different activities.
Draconian Laws In The United Kingdom And How They Are Abused
Different countries as noted have different kinds of laws that aim at ensuring that people
in the given country enjoy the freedom of being in the country. However, it is evident that the
United Kingdom’s law of libel has been in the spotlight concerning different issues, especially in
the United States of America. It has been exclaimed libel legislation in the United States of
America, the libel laws in the UK has been a threat to the freedom of speech. Publications from
the United States have been finding their way to the UK. However, the inaction of other
draconian laws in the United Kingdom has been a threat to the US publications.
Draconian laws, are harsh towards one the party that is targeted by the law. For instance,
when certain newspapers are not allowed to be circulating in a given area, the publishers would
feel segregated in that they would not have a chance to pass the intended information to certain
UK'S DRACONIAN LIBEL LAWS AND HOW THEY'RE ABUSED 3
areas. Therefore, it is important that the several laws are formed in a way that they would try to
balance the different entities.
However, the formation of draconian laws is to some extent necessary, as it shapes the
operation of a given activity. In fact, it would empower individual activities operated in a given
country, thus avoiding challenges or competitions from other outside parties. For instance,
allowing foreign publications in a given country would lead to a competitive market of the local
publications. Thus, draconian laws might be of importance, though they are at some point abused
by different entities.
From the above, the question arises of what is much more draconian about the UK libel
law. Libel is described as being part of the law of defamation; while on the other hand, there is
slander. Defamation is seen as the act of damaging reputation of an entity in an unjustified
manner. Thus, when a person publishes a statement of another person and leaves the particular
person shunned, this is described as defamation. On the other hand, slander is seen as making a
verbal declaration. Libel thus is expressed as a statement that is permanently established, for
instance, publication or writing(Cox, 2016).
Laws differ from one country to the other, in that when a person is found guilty; the
ruling might be different based on the rules governing a given country. In the United Kingdom,
the law is different from that of the United States in various ways. The main difference between
the Unites States and United Kingdom law is that the US law needs proof of malice on the side
of the defendant. In fact, in the United Kingdom, there is no written constitution.
Among the several rights that various people are entitled to is the freedom of speech.
However, freedom of expression is among the different challenge that draconian laws in the
UK'S DRACONIAN LIBEL LAWS AND HOW THEY'RE ABUSED 4
United Kingdom are creating a problem. As noted, people in the different countries exchange
ideas through various writings that are done in different publications. In this case, as the United
Kingdom creates the draconian laws that prevent other countries from selling their newspapers in
their country, this creates the tension of freedom of speech. As the United Kingdom blocks the
Americans from bringing in their papers, the United States blocks access to the Britain is to their
websites. Blockage of the websites is just because of the draconian laws of the Britain. Though
inaction of draconian laws in the different countries is allowed, it is to some extent abused. In
this case, for instance, the laws are abused in that they prevent individuals who would have an
interest in the United States be blocked. In fact, a person who would have a personal interest in
the affairs of the United States would be prevented from having access to the different issues
including and not limited to sports.
Draconian laws are also abused based on personal interests. People from different
countries may happen to be in a given country. Thus, in the United Kingdom, people from
different countries may be having settled in one place. It is evident that as people live in a given
society, they may have issues at a given particular time. Consequently, the differences may lead
to the parties going to court. Legal matters have been of concern concerning a matter of
draconian libel laws in the United Kingdom. Singh (2012), asserts that he was able to publish a
document showing that people are able to conflict with each other having no worth evidence.
Therefore, it is important that fair libel be practiced. It is noted that when a person does not form
the United Kingdom makes fun of another party as they socialize, for instance being a patriot of
the US, the person who uttered a critical statement to a person from the United Kingdom may
face a lawsuit in the United Kingdom. Concluding that lawsuits are the proper response to the
person who uttered the critical statement is an abuse of the draconian libel laws. In this case, it is
UK'S DRACONIAN LIBEL LAWS AND HOW THEY'RE ABUSED 5
seen as a threat to the persons who are not citizens of the United Kingdom. A similar situation
happens when people make comments on social sites such as the blog pages. When a person
creates a comment that might trigger a person who made a statement in a given blog, in the
United Kingdom, most likely the person would face a lawsuit, which can be seen as an abuse of
the draconian libel law.
Freedom of expression on online is also a threat in that people tend to threaten others on
online platforms (Hughes, 2016). In this case, in the United Kingdom, as it is noted, the
draconian laws are created in order to favor citizens from the Kingdom. This is an abuse of the
laws as this will have a negative consideration of the people who are non-residents.
Draconian libel laws are being abused in a way that they are tampering with companies
that are entitled to providing information to the public. Media is among the companies that are
entitled to giving information to the public in a given country. It is noted that when reporters in
given media entities are concerned with an individual issue, and the party involved in the case is
not satisfied with the given operation, the reporter might be in a threat. In this case, the draconian
law may put the writer in a threat in that they might be killed by the opponent. Though draconian
libel law is seen as being as a form of an urgency law, it is to this extent abused. Moreover,
reporters may take advantage of the draconian laws and abuse them in they try to confront other
authors (Hainsworth,2015p.116).
On the other hand, draconian libel laws have disorganized the way in which the different
media operations are carried out. Journalists have had a hard time in determining what they
should print in a given publication. Choosing what to or not to write is an aspect that is because
of the abuse of the draconian laws in the United Kingdom. It is important that rules be followed
UK'S DRACONIAN LIBEL LAWS AND HOW THEY'RE ABUSED 6
to the latter and should avoid the creation of tension between different entities. It is evident that
new bills should be formed in the United Kingdom, for there to be no abuse of the draconian
laws (Dodd,2012). Reform of the laws is an aspect that the government of the United Kingdom is
concerned with and as an evident, there was a telegraph that was sent calling for the reform of
the libel bill ( Prince, 2010).
Conclusion
Libel laws are destined to protect an individual’s reputation and not corporations, thus it
is important to observe any kind of laws. However, some laws are termed as being laws of
urgency, and they are termed draconian laws. Draconian laws should be enacted in a way that
they protect people’s rights in a major way. However, it is evident that in the United Kingdom,
the different draconian libel laws enacted are to some extent abused. In this case, different rights
have tampered with the draconian laws, including and not limited to freedom of speech, and
people’s reputation. Media entities are among the companies that are affected by the different
draconian laws enacted in the United Kingdom. Differences between states are also among the
issues concerning the ways in which the draconian libel laws in the United Kingdom are abused.
When conflict occurs, people not from the United Kingdom are not favored by the draconian
laws. Non- United Kingdom’s residents face lawsuits while in conflicts with the United
Kingdom’s citizens. Unfair lawsuits are also an abuse of the draconian libel laws as they are
supposed to protect diverse citizens.
UK'S DRACONIAN LIBEL LAWS AND HOW THEY'RE ABUSED 7
References
Cox, J. (2016). Docs.lib.purdue.edu. Retrieved 17 February 2016, from
http://docs.lib.purdue.edu/cgi/viewcontent.cgi?article=2719&context=atg
Dodd, M. (2012). New Bill will reform libel laws. The Independent. Retrieved 17 February 2016,
from http://www.independent.co.uk/news/uk/politics/new-bill-will-reform-libel-laws-
7728516.html
Hainsworth, J. (2015). Jack the Ripper : case solved, 1891. Jefferson, North Carolina:
McFarland & Company, Inc., Publishers. Retrieved from
https://books.google.co.ke/books?id=Pw_NCgAAQBAJ&pg=PA116&lpg=PA116&dq=wh
at+is+the+meaning+of+draconian+libel+laws&source=bl&ots=YQ0KdwdM7K&sig=dSGs
OJm34FltNv69SxdWVUEIQGA&hl=en&sa=X&redir_esc=y#v=onepage&q=what%20is%
20the%20meaning%20of%20draconian%20libel%20laws&f=false
Hughes, K. (2016). Boost to Freedom of Expression in the UK – London Set to Lose Its Label as
Global Capital for Libel Tourism?. The Huffington Post UK. Retrieved 17 February 2016,
from http://www.huffingtonpost.co.uk/kirsty-hughes/boost-to-freedom-of-
expression_b_1466876.html
Prince, R. (2010). Britain's 'draconian' libel laws to be reformed. Telegraph.co.uk. Retrieved 17
February 2016, from http://www.telegraph.co.uk/news/7881792/Britains-draconian-libel-
laws-to-be-reformed.html
Singh, S. (2012). How to make a truly fair libel law | Simon Singh. The Guardian. Retrieved 17
February 2016, from http://www.theguardian.com/commentisfree/2012/may/10/libel-law
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