Effect of the Media on Consumers

Effect of the Media on Consumers Do consumers shape media spaces or do they shape consumers. Discuss this notion alongside the concept of mobile lives. Introduction Nowadays, media spaces play an increasingly important role in shaping consumers in the digital age with the rapid development of media and advanced science and technology. This paper includes an exploration of how media space shape consumers in a modern way of life which is called mobile live. Technological revolution has hit the media industry in the world. During the past decade, the form of media has changed a lot. It is no longer confined to the traditional media like television and newspapers just unilateral transmit message to the public. The rise of new media provides the multiple media forms and the fast growing of media space. It is an undeniable fact that the advent of the mobile phone is a turning point for the development of media space. Especially media space brings a huge impact on the attitude or behavior of consumers, when mobile technologies and digital create a new kind of mobile life. Media spaces and the concept of mobile live Media spaces define new methods of communication, with novel and unforeseen uses and potentialities. Communication through a media space is more than an approximation of face-to-face communication — it has a richness and complexity all its own. Media is the most significant element of the information transmission. Media spaces can be seen as information spaces which can unlimited expansion. Media spaces including material spaces that shaped by traditional media and material conditions like schools, libraries, homes and so on, and also including the virtual spaces that shaped by multiple digital media forms. Nevertheless, traditional media were not meeting consumers’s need any more. Now the media space mainly developed by the virtual cyberspaces. Media spaces are established on the interactive connection between public and information of the new media. Electronic settings in which groups of people can work together, even when they are not present in the same place and ti me. In a media space, people can create real-time visual and acoustic environments that span physically separate areas (Stults 1986). In some ways, media spaces make people have new understanding toward time and space, which can across the distance between time and space. In the new media age, media more like a carrier in the virtual spaces to transmit information to the public. In fact, the virtual cyberspaces shapes the everyday life of people and real life with the mobile lives more than the traditional media in material spaces. According to Urry and Sheller (2003) â€Å"All forms of communication have been reconfigured by new technologies and the new spatio-temporal patterns of social life through which they are made effective.† Discuss the concept of mobile lives with media spaces, the development of mobile technologies influenced spatial and temporal distance and the boundary of private space and public space to create a new mobile life. Mobile lives are built on the advent of mobile phone, laptops or other latest digital technologies. Then the advent of wireless networks also pushed the development of networks and mobile technologies forward greatly. The good thing is Wi-Fi make computers no longer need to rely on cable broadband network and the phones also no longer need to spend lots of cost to supply network. Consumers are able to use the Internet become more convenient on the mobile phone and laptops because of Wi-Fi. Technology is implied as bringing modernity to any place and to anyone, no m atter how remote, serving as an equalizer of opportunities in an emerging and peaceful global civil society (Caletrà ­o 2012). In the digital mobile lives, the places have no longer as a reason to limit the use or search of the information in media spaces to public, whether you are at home, at school or on the way. Also people can get everything they want from the Internet in the current era of big data. Mobile technologies more yield the greatest effects on investment with the Internet. How media spaces shape consumers Mobile technologies have an intimate relationship with media spaces in everyday life. People can consider every smart phone as a media space and every smart phone has a consumer to some extent. Nowadays, it is incredible that how fast the messages transmit to consumers with cyberspaces. 1.0 Advertising and consumer behaviors Advertising is an indispensable part of media space, which is a propaganda to constantly transmit the messages to the public. Generally, advertising will impact or even change the behavior and attitude of consumers for the products or brands. Many consumers can feel that advertising is ubiquitous to occupy their space any time and anywhere, whether while they using any social Apps at home, play mobile games on the ways or surfacing the websites in working places. Although maybe sometimes you just ignore the advertising when you saw them. Nevertheless, advertising is the most important element to shape consumers in media spaces. 1.1 The encoding and decoding theory of Stuart Hall Stuart Hall is a sociologist and pioneer in the field of cultural studies whose work explored the concept of Britishness. Some people address him â€Å"godfather of multiculturalism†respectfully. In his notion of a mass communication theory Encoding and Decoding, encoding is the process of creating a meaningful message according to a particular code, while decoding is the process of using a code to decipher a message and formulate meaning (Brian Robert 2014). Hall define that encoder is the sender that can be seen as producer and the decoder is the receiver that can be seen as consumer. Every consumer maybe will have the different thinking with the same message which send from the same producer. According to Hall (1980) â€Å"The process in terms of a structure produced and sustained through the articulation of linked but distinctive moments production, circulation, distribution/consumption, reproduction †. This theory is appropriate for advertising. The occur of an advertising is able to shape the behavior of consumers. HM can be a good example to explain it. Production is the first step to create the advertising for the public. HM company start using many super model over the world to advertise their new style products in the world market, such as world-famous Chinese model Liu Wen. Circulation is how people receive the message. HM put the advertising on subway, Internet, television, billboards and many other media places to communicate the consumers. Also HM company will release some information about the new style products on the social media. The HM ads spread across the world market via those advertisements. And for distribution and consumption, individuals will have different understanding for the same information or advertisement. Hall suggested three hypothetical interpretative codes or positions for the reader of a text (Chandler 2014). Dominant readings are produced by those whose social situation favours the preferred reading. Negotiated readings are produced by those who inflect the preferred reading to take account of their social position. Oppositional readings are produced by those whose social position puts them into direct conflict with the preferred reading (Northumbria university n.d.). Linked to the example of HM, dominant is that some consumers will have interested in those HM new products and have a strong desire to buy them. Negotiated is that some consumers will maybe think those new products are looking good, but they should consider the price and if they have free time to shopping. And oppositional is that maybe some consumers will hate the design of those new produc t and they do not want to buy them. The last step is reproduction which is about the consumer’s action after they receive the message. Reproduction for HM is their advertising related to the sale of new products that decide consumers will take action to go to store browse and purchase or not. Consequently, this theory is described how advertising impact consumers behavior step by step. 1.2 Consumer capitalism Moreover, consumer capitalism is also an essential factor why advertising can affect the consumer behavior. Most commonly, consumer capitalism refers to the idea that consumption drives the capitalist economy through corporate manipulation of the consumer to purchase (and continue purchasing) material goods. The entire consumer capitalist framework is predicated on the idea that the value of a product is determined by the desire of the individual, regardless of the actual need of the product (Schrader n.d.). Propaganda means of Apple Inc is a very successful case as consumer capitalism. Apple enhanced their awareness through bombard users with advertising and word of mouth. It is made consumers believe the products of Apple are representing the top-class electronic products and top digital technologies. Apple succeed to lead a spending spree over the world to buy their IPhone, IPod and Macbook because of the consumer capitalism. Apple let most consumers believe that if you are use Ap ple’s products, you are the most fashionable people. It is certain that always media lead fashion instead of consumers lead fashion. 1.3 Dual coding theory Dual coding refers to information retained as conjoined being and words. This creates a stronger impression upon the reader of such information (Northumbria university n.d.). Generally for most people a product has images and slogans simultaneously are more help consumers to remember. For instance, the biggest Chinese micro-blogging Weibo typically use the dual coding theory. Every time if you close the app in the background on the phone, you will see the image and slogan of Weibo when you reopen this app. The image of Weibo is a icon represent people’s eyes and the slogan of Weibo translate to English is â€Å"find something new anytime and anywhere†. Although there are thousands of Apps on the smart phone now. But not too much Apps trying to do this. Weibo use the creative image and slogan simultaneously can catch up some consumers attention to some extent. 2.0 Mobile Lifestyle In the digital age, today’s society have already emerged a mobile life in the world. Most people even cannot imagine a life without mobile and the Internet. In the Educause Center for Applied Research (ECAR) conducts annual surveys and interviews in 2008, a student respondent illustrated the broader trends borne out of the data: I dont look at it as getting on the Internet. The Internet is a part of life. Its a lifestyle. Mobile lifestyle influences the everyday life of consumers in many ways in media spaces. 2.1 Relationships Media spaces have great influences to the interpersonal relationship. Particularly the mobile media spaces totally change the development of relationships between people. The interpersonal relationship can better develop and communicate through multiple media forms for mobile lifestyle, such as social media, email, phone call, SMS, video call and so on. It makes you keep in touch with your friends have no more need of face-to-face communication. Facebook always let you find some people who you have long time no see or long lost, even you can find your primary school classmates. It is good that Facebook build a more close connection with you and your friends or just people we know. Also the new media create many new interpersonal relationship. Some people are trying to date online, some people maybe have many online friend but never meet. Now the human relationships become more diversification because of media space. 2.2 Globalized Communication ways The advanced mobile technologies make the media spaces coming to globalization, which is a goal traditional media cannot accomplish. The almost all functions that consumers’ needs have included in a smart phone. Because media space is no longer have the distance of time and space, and the media communication ways remove the restriction of the region. For consumers, they can communicate everywhere over the world. Undoubtedly, media space is a space without borders that similar to the theory of cosmopolitanism. Cosmopolitanism is a western notion that epitomizes the need social agents have to conceive of a political and cultural entity, larger than their own homeland, that would encompass all human beings on a global scale. The Internet has brought about the possibility of a transnational imagined virtual community: a decentered cosmopolitan crowd, synchronized by cyberspace, interacting on real-time, and engaging in global commercial, cultural and political exchanges (Ribeiro 2001). If media spaces combine with the theory of cosmopolitanism, It will be different with the reality space that every consumer is equal and there is no nationality, regional or social class limitations. For instance, consumers of smart phone can use multiple social media to connect with the people in almost any countries in the world if they want. The lat est figures from Facebook suggest that the number of people actively using social media each month has now passed the 2 billion mark over the world (Kemp 2014). Those social media support a huge number of globalized social media users to exchange and transmit the information in media spaces. Furthermore, languages no longer be the biggest barrier of communication if you go to an unfamiliar environment with different language. The use of translation software is a good global communication ways. There was a report said an elderly Chinese couple, which cannot understand and say English, immigrate to Canada. They nearly have not felt any communication barriers. Because they said if they have some troubles when they going out, they always use the translation software to communicate with local people. It is a great example that the communication of consumers getting more simple and easy under the digital media space influences. 2.3 Online Shopping and Travel Online shopping also is a main activity for consumers in media spaces. The total monthly amount of trade on the large shopping website like Amazon, Ebay and Taobao is an incredible number cannot imagined. Consumers can buy everything you want in those shopping website whether clothes or any electronic products, new or old. Online shopping satisfies whatever needs of consumers. Sometimes It is spend too much time and cost shopping in the shopping mall. Online shopping is cheaper and fast than go window shopping. Online shopping has become a habit for many consumers and maybe it will become the mainstream way for consumption. In additions, the mobile lifestyle of consumers cannot be without travel.For many consumers, travel is a way to enjoy life. Media spaces make traveling more and more easy because of mobile lifestyle. Today travelers can finish it just use the computers or smart phone at home. Some traveling websites not only have traveling party services, but also provide the reservation for air tickets, railway tickets and hotel accommodation. And almost every airline has their own official website and official App to allow people booking online. Also if you use the smart phone, you can find many apps are providing travel strategies for each country. Media spaces offer lots of convenience for consumers. 3.0 Thoughts of consumers 3.1 Celebrity effects Companies usually use the media to shape the thoughts of consumers to achieve their goals. Celebrity effects are famous marketing tools in media spaces, which companies use the social influence of celebrity to promote their popularity and brand awareness. Celebrities also have an effect on the charity events and public service advertising. ALS Ice Bucket Challenge is a successful example take advantage of celebrity effects in 2014. This example can describe through the mass communication model of Lasswell. Lasswell was a well-known American political scientist and communications theorist. Lasswell’s model, one of the first communication models, is summed up in five questions: Who, Says what, In which Channel, To Whom, With what effect. Who: the person who formulates the message What: the content of the message Channel: the medium by which the message is being communicated Whom: the person or persons who receive the message Effect: the outcome of the message. The initiator of ALS Ice Bucket Challenge is a former Boston College baseball player Pete Frates who is a disease amyotrophic lateral sclerosis patient. The content is this activity is ALS Ice Bucket Challenge promote awareness of the disease amyotrophic lateral sclerosis (ALS) and encourage donations to research. The rules of the Ice Bucket Challenge are either donate $100 to an ALS charity, or dump a bucket of ice water on your head or both. After, you can challenge a few people to join in too (Lecher 2014). For in which channel, Pete Frates post the video first and it through the social media spreed very rapidly. Then many world-famous celebrities, athletes, and tech CEOs like Mark Zuckerberg, Kobe Bryant, Taylor Swift and even President Obama all taking part in this activity to post their video on Facebook, Youtube and Twitter or donate the money for the ALS association. ALS Ice Bucket Challenge is reported by various media forms and lots of countries. This activity became globalization and had a huge impact that the receivers are the people around the world. The outcome of this challenge is raising millions of dollars and let ma ny people pay attention to the disease amyotrophic lateral sclerosis. 3.2 hyperreality Baudrillard believed that a contemporary society, founded on media and technology, would see the spaces of imagery and reality merge. What follows is a world where the real is not layered with the imaginary. Rather that the world becomes a ‘simulation’ of imagery where the world favours the ‘more real, than real’ (Northumbia university n.d.). Media images, the Internet, online games, mobile games and virtual spaces are taking people usually spend time communicating with a hyper-real world. Many online games and mobile games use hyperreality enable people to be the characters they want to be. When consumers see the world through media spaces under the screen, they usually integrate the real world with the hyper-real world in their mind. Advertising sells the public through strong, desirable images, and many consumers buy into the brands point of view and products. The objective of hyperreality in the media is to shape the thoughts of consumers. Conclusion In conclusions, this paper explored that how media spaces shape consumers in mobile lives. Some theories show that advertising is constantly transmit the new information to consumers for shaping their behaviors and attitudes of consumption. Also the thoughts of consumers will influenced by the media. Definitely, media spaces changed the lifestyle of people. The exchange between people through mobilities become more and more fast and simple. And consumers have new lifestyles like online shopping and online dating. The rise of an intensively mobile society reshapes the self – its everyday activities, interpersonal relations with others, as well as connections with the wider world (ElliottUrry 2010). Media spaces always express as different forms all around us, make people feel like being a part of them, and mixed itself with social realities. In the future, media spaces will sustainable growth and keep playing the significant role to shape consumers in the society.

Computer Hacking and Cyber Crime Law Essay

COMPUTER HACKING AND CYBER CRIME LAW History of Hacking According to (Clifford R.D. 2006) a cracker or cracking is to â€Å"gain unauthorized access to a computer in order to commit another crime such as destroying information contained in that system†. These subgroups may also be defined by the legal status of their activities. Eric S. Raymond (author of The New Hacker’s Dictionary) advocates that members of the computer underground should be called crackers. Yet, those people see themselves as hackers and even try to include the views of Raymond in what they see as one wider hacker culture, a view harshly rejected by Raymond himself. Instead of a hacker/cracker dichotomy, they give more emphasis to a spectrum of different categories, such as white hat, grey hat, black hat and script kiddie. World Of Hacking Hacking is the practice of modifying the features of a system, in order to accomplish a goal outside of the creator’s original purpose. The person who is consistently engaging in hacking activities, and has accepted hacking as a lifestyle and philosophy of their choice, is called a hacker. Modifying the features of a system. Gaining an unauthorized access to a computer system. Breaks into a system security. Refers to the hobby/profession of working with computers. It also about learning how a system works and how to make it do things it wasn’t designed to do, or you haven’t got the privileges to do. Hacker A hacker is someone who seeks and exploits weaknesses in a computer system or computer network. Hackers may be motivated by a multitude of reasons, such as profit, protest, or challenge. The subculture that has evolved around hackers is often referred to as the computer underground and is now a known community. White Hats – good Gray hats – good or bad Black hats – bad Script kiddie A script kiddie (also known as a skid or skiddie) is a non-expert who breaks  into computer systems by using pre-packaged automated tools written by others, usually with little understanding of the underlying concept—hence the term script (i.e. a prearranged plan or set of activities) kiddie (i.e. kid, child—an individual lacking knowledge and experience, immature). Blue hat A blue hat hacker is someone outside computer security consulting firms who is used to bug test a system prior to its launch, looking for exploits so they can be closed. Microsoft also uses the term Blue Hat to represent a series of security briefing events. Hacker Code Of Ethics Levy (1984) suggests that there is a â€Å"code of ethics† for hacking which, though not pasted on the walls, is in the air: Access to Computers – and anything which might teach you something about the way the world works – should be unlimited and total. Always yield to the Hands-On Imperative! All information should be free. Mistrust Authority – Promote Decentralization. Hackers should be judged by their hacking, not bogus criteria such as degrees, age, race, or position. You can create art and beauty on a computer. Computers can change your life for the better. CYBER CRIME LAW Senator Angara is defined as any illegal and criminal act activity committed on the internet. State Policy Regarding Cyber Crimes The State Recognize.. 1. The vital role of information and communication industries such as content production, telecommunication, broadcasting, electronic commerce, and data processing, in the nation’s overall social and economic development. 2. The importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communication technology to attain free, easy and intelligible access to exchange and/or delivery of information. 3. The need to protect and safeguard the integrity of computer, computer and communication systems, network, and databases and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and  illegal access by making punishable under the law such conduct or conducts. Cyber Crimes Offenses 1. Offenses against the confidentiality, integrity and availability of computer data and systems. A. Illegal Access – The intentional access to the whole or any part of a computer system without right. Element of Computer System There must be a device a group of interconnected or related devices. At least one of the devices performs automatic processing of data pursuant to a program. The device need NOT be connected in a network as long as it consists of both hardware and software and have input, output and storage facilities. Element of the offense of illegal Access 1.There must be an intentional access in whole or any part of a computer system. 2. The person who attempts, or is accessing, or had already access the data has no right to access to the system. â€Å"An Authorized person may not be authorized.† B. Illegal Interception Interception – refers to the listening to, recording, monitoring or surveillance of the content of communication. Elements of Illegal Interception 1. It must be intentional. 2. It must be by technical means. 3. The person involved is without any right to do the intercept. 4. The transmission of computer data to, from, or within a computer system is non-public. 5. It must not fall in any exemption. C. Data Interference Intentional or reckless alteration of computer data without right. C.System Interference Intentional or reckless hindering without the right of the functioning of a computer system by inputting, transmitting, deleting or altering computer data or program. MisUse of Devices The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of: – device, including a  computer program, designed or adapted primarily for the purpose of committing any of then offenses under this act; Or -a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act; CYBERSEX AND CHILD PORNOGRAPHY CYBERSEX -Any person who establishes, maintains or controls, directly or indirectly any operation for sexual activity or arousal with the aid of or through the use of a computer system, for a favor or consideration. Child Pornography -refers to pornography depicting sexually explicit activities involving a child. It may use a variety of media, including writings, magazines, photos, sculpture, drawing, cartoon, painting, animation, sound recording, film video, and video games. Child pornography is divided into simulated child pornography and pornography which was produced with direct involvement of the child (also known as Child Abuse Images.) For a person to be guilty of cybersex as defined by the cybercrime law, all the following elements must be present: There must be an operation for sexual activity or arousal; The sexual activity or arousal is done with the aid of or through the use of a computer system; The activity is done for a favor or consideration. The operation is/ was established, maintained or controlled by a person directly or indirectly. From the above, element no.3 should NOT have been included by our law makers. What is the Penalty for this Crime? Any person found guilty of the cybercrime of cybersex shall be punished with imprisonment of prison mayor or a fine at least Two Hundred Thousand Pesos ( Php 200,000.00) But not exceeding One Million Pesos (1,000,000.00) or both. Sec. 5 Other Offenses: The following acts shall also constitute an offense: 1. Aiding or abetting in the Commission of Cybercrime– Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. 2. Attempt in the Commission of Cybercrime– A prosecution who willfully attempts to commit any offenses enumerated in this Act shall be held liable. Sec. 6 Liability under other Laws A prosecution under this Act shall be w/o prejudice to any liability for violation Of the Revised Penal Code, as amended or special laws COMPUTER-RELATED OFFENSES: Computer-related forgery Computer-related Fraud Unsolicited Commercial Communications 1.) Computer-related Forgery -(a) the intentional input, alteration, or deletion of any computer data w/o right resulting in inauthentic data w/ the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless, whether or not the data is directly readable and intelligible; (b) the act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. 2.) A pe rson is guilty of forgery if: (a)With purpose to defraud or injure anyone; OR (b) With knowledge that he is facilitating a fraud or injury to be perpetrated by anyone; the actor: 1.) alters any writings of another without his authority; 2.) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize the act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or 3.) utters any writing which he knows to be forged in a manner specified in the revised penal code. Elements of Computer related Forgery. First type of Offense â€Å"ACTIVE COMPUTER RELATED FORGERY† (a) There must be an intentional input, alteration, or deletion of any computer data without right; (b) The result is an inauthentic data; (c) The intent is to use the inauthentic data to be considered or acted upon as if it is authentic Second type of Offense â€Å"PASSIVE COMPUTER RELATED FORGERY a) There must be an existing inauthentic data brought about by the elements of ACTIVE computer-related forgery. b) Knowingly acting on the inauthentic data for the purpose of perpetuating a fraudulent or dishonest design. 2.) Computer Related Fraud If A had a loan from his cooperative and the only evidence of such loan is the records stored in the cooperative’s computer system, A with intent to procure economic benefit, changed the source code of the system’s program so that on an particular date, the system will hang and immediately cause the malfunctioning of the said system. Thus, A can easily deny that he still has an obligation to the cooperative. 3.) Unsolicited Commercial Communications -The transmission of commercial electronic communication with the use of a computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless a. There is a prior affirmative consent from the recipient; or b. The following conditions are present: i. The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (‘opt-out’) from the same source; ii. The commercial electronic communication does not purposely disguise the source of the electronic message; and iii. The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce in the recipients to read the message. BLOG Blog can also be used as a verb, meaning to maintain or add content WHAT IS BLOGGING ? – A new form of expression where in you express your thoughts and ideas about a specific topic . BLOGGERS : Tina Hamilton is a veteran journalist , a social media guru and a aspiring blogger who enjoys covering a wide range of topics. She currently works with a professional SEO consultant in her attempt to gain an education in the industry John Charles Edward â€Å"Carlos† Pamintuan Celdran also known as CARLOS CELDRAN† He is truly proud of being a Filipino as his blog Celdrantours tries to change how the world sees Manila. Through his blogs. INTRODUCTION With the emergence and popularity of blogging as a new form of expression, the coverage of defamation laws has extended to cyberspace. The consequences is that, people who are adversely affected by writings in this medium is bringing lawsuits to protect their name and reputation. While the Philippine Constitution protects bloggers’ right to free speech and expression, this does not give them unfettered license to write to the detriment of others. This Chapter discusses the person’s right to free speech and expression while respecting the person’s honor. This chapter aims to equip the reader relevant knowledge to supplement his skills in determining whether or not a certain form of expression is within the scope guaranteed by the Constitution. Bases of the Guaranteed of the Right of Freedom of Expression Two (2) Philosophical Bases for the Guarantee of this Right Discovery of truth For self-government In the case of US vs. Bustos (37 Phil. 731), in which the defendants were charged with libel of a public officials for statements made Mr. Justice Malcolm, writing the opinion of the Court, said: â€Å"Public policy, the welfare of society, and the orderly administration of government, have demanded protection for public opinion. The inevitable and incontestable result has been the development and adaptation of the doctrine of privilege.† `â€Å"A public official must NOT be too thin-skinned with reference to comment upon his official acts.† Scope of the Freedom of Expression Article III, Section 4 of the Phil. Constitution says: â€Å"No law shall be passed abridging the freedom speech, of expression, or the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.† Article III, Section 18(1) of the Phil. Constitution says: â€Å"No person shall be detained solely by reason of his political beliefs and aspirations.† Question: But how can we determine the scope of this expression? According to Justice Isagani Cruz, an authority in Constitutional law, the ideas that may be expressed under this freedom are NOT confined only to those that are sympathetic or acceptable to the majority. To be really meaningful, it should permit the articulation of even the unorthodox view, though it be unfriendly to or mocked by others, or â€Å"induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.† Justice Holmes said that this right exists NOT so much for the thought that AGREES with us as for the thought that we detest. From this comes the famous statement from Voltaire: Voltaire â€Å"I may NOT agree with what you say, but I will defend to the dead your right to say it†. Freedom from prior restraint or censorship Prior means official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. Freedom from subsequent punishment The freedom from prior restraint would set at naught if the citizen would hesitate to speak for fear of vengeance that he might suffer against the officials he criticized. Limitations on the Guarantee Case: Tulfo wrote an article in his column in PDI ‘On Target’ on October 13, 1989, stating that the Supreme Court rendered an idiotic decision in legalizing checkpoints, and again on October 16, 1989, where he called the SC stupid and â€Å"sangkatutak na mga bobo justices of the Philippine Supreme Court†. There are 2 kinds of publications which can be punished for contempt: 1.Those whose object is to affect the decision in a pending case 2.Whose object is to bring courts to discredit Standards for allowable subsequent punishment TEST CRITERION 1.Dangerous Tendency Test There should be a RATIONAL CONNECTION between the speech and the evil apprehend 2.Clear and Present Danger Test There should be a clear and present danger that the words when used under such circumstances are of such a nature as to create a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that the State has a right to prevent 3.Balancing of Interest Test The courts should BALANCE the PUBLIC INTEREST served by legislation on one hand and the FREEDOM OF SPEECH (or any other constitutional right) on the other. The courts will then decide where the greater weight should be placed LIBEL A legal term for something written which is harmful to a persons reputation. – is a defamation committed by means of writing, printing, lithography, engraving, radio, phonography, painting, theatrical exhibition, cinematographic exhibition, or any similar means. Libel is punished by our Revised Penal Code which states: Art. 353. Definition of Libel. – A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Art. 354. Requirement for Publicity. – Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases: 1.A private communication made by any person to another in the performance of any legal, moral or social duty; and 2.A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or any of statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions Art. 355. Libel means by writings or similar means. – A libel committed by means of writing, printing, lithography, engraving, radio, phonography, painting, theatrical exhibitions, cinematographic exhibition, or any similar means, shall be punished by prison correctional in its minimum and medium periods or a fine ranging from 200 to 6,000, or both, in addition to the civil action which may be brought by the offended party. DefamationElements of Defamation For a person to be convicted of defamation, the following elements should be present. 1. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance. 2. The imputation must be made publicly. 3. It must be malicious. 4. The imputation must be directed at a natural or juridical person, or one who is dead. 5. The imputation must tend to cause the dishonor, discredit, or contempt of the person defamed. Absolute Privileged Communication To illustrate, let us recall the privileged speech delivered by Sen. Revilla in the Senate last 2009, in that instance, he called Dr. Hayden Kho â€Å"Maniac†. Buwang itong doctor na ito. Baliw, Mr. President,† he further said. Qualified or Conditionally Privileged Communications Under this privilege, the freedom of the liability for an otherwise defamatory utterance is conditioned on the absence of express malice or malice in fact. Thus, in re:Tulfo (supra), notwithstanding the freedom of the press guarantee of the Constitution, the respondent was severely censured because there is malice brought about by a disrespectful language. A good example which will illustrate the absence of malice in rendering fair and true report is the case of GMA Network vs Bustos (G.R. No. 146848 October 17,2006). Interpreting The Libelous Statement The alleged libelous article must be construed as a whole (Jimenez vs. Reyes, 27 Phil.52) The Meaning given by the writer nor by the offended person is Immaterial. If the libelous statement shall be interpreted by the writer, then the writer can easily escapes by giving an interpretation to the effect that malice is not present. On the other hand. If the offender person is the one who will interpret the libelous article, he can easily imputes malice against the writer to hold him liable. Meaning of Publication Publications does not mean that the defamatory statement should be published in the newspaper of general circulation, televised in national television, neither by refereed ISI Journal, etc. There is publication when the communication of the defamatory matter is made to some third person or persons( People vs Atencio, Dec 14,1954) Thus, If Juan sent a letter to Pedro which reads: â€Å"Pablo is a thief†, this is sufficient publication. ‘ Identification of the Party is Required in the 4thElement A blind item writer cannot be guilty of libel , as long as the person defamed cannot be identified. Thus, if the blind item states: â€Å"The wife of the pound for pound king†¦Ã¢â‚¬  Although the name is not expressly mentioned, the person can be easily identified, so the writer may be liable. General Rule: Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, Exception: Except in the following cases: {This is the exemption to the general rule; here malice is NOT presumed} A Private communication made by any person to another in the performance of any legal, moral, or social duty; and A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions. Going back to our previous example, if Juan sent a letter to Pedro which reads: â€Å"Pablo is a Thief† , it is presumed that that there is MALICE on the part of Juan. It means that the law presumes that Juan is prompted by personal ill-will in making the communication to Pedro. Now, suppose Pablo really is a thief, will the law still presumed malice on the part of Juan? Yes, unless Juan has good intention and justifiable motive in making communication. Thus, If Pedro is looking for a cashier in his department store Juan will be justified in making the communication so that Pedro won’t hire Pablo who applied for the cashier position. The same holds true if the message was sent through an e-mail and/or text messages. Relevance of Knowing the Presumption of Law If the case falls under the general rule, that is, malice is presumed, it is the writer or the accused who has the burden of proof. Hence, the complainant will NOT be obliged to prove that there is a malice on the part of the accused. The accused will have to produce evidence that his claim against the complainant is true. Do not be confused, the accused is the writer that is why he is being accused of libel because he is the one who wrote the libellous statement. The complainant is the offended party, that is, the person defamed that is why he is the one complaining. If the case falls under the exemption, it is the complainant who has the burden of proof like in the case of GMA Network vs Bustos, wherein Bustos, the complainant failed to prove that there is bad faith or malice on the part of GMA in showing the alleged malicious report. Libel in the Internet After reading the necessary materials pertaining to an individual’s right to freedom of expression and the libel law, we are now ready to study its application using the internet as its medium. Let us start our study with the following scenario. Libel in the internet or e-libel is within the Scope  of Libel Defined in the Revised Penal code The case of Bonifacio vs Jimenez (supra), unfortunately, was misinterpreted by some because they cite this case to support their opinion that e-libel is beyond the ambit of libel provided by the Revised Penal Code. According to them since the SC had dismissed the case, it is already settled that e-libel cannot be punished in our jurisdiction. I beg to disagree. If you will read the full text of the case of bonifacio vs Jimenez, it is very clear that Jimenez did not win the case because of the wrong choice of option. If Jimenez simply alleged in the information that they are (or at least one of the offended parties) presently residing in the City of Makati at the time of the commission of the offense, that is enough to vest jurisdiction to the RTC-Makati and enable the letter to hear and decide the case on the merits. The case was dismissed because RTC-Makati failed to acquire jurisdiction of the case NOT because there is no e-libel in our country. Another argument is that, â€Å"at the time the revised penal code was enacted, there is no internet yet, hence, the legislature could NOT have intended to include internet as a medium. To address this argument let us reproduce the pertinent provision of the libel law regard to this, thus: Art.335.Libel means by writings or similar means. *A libel committed by means of writing, printing, lithography, engraving, radio, phonagraphy, painting, theatrical exhibit, cinematographic exhibition, or any similar means (big emphasis supplied).

The characters are irresponsible dreamers – The Great Gatsby

The Great Gatsby is an effective novel in epitomising the relentless struggle of many to achieve the American dream. The economic boom and the radical change in society following the First World War may have contributed largely to the idea of the American dream. Fitzgerald portrayed in The Great Gatsby the stark contrast between the rich and the poor whilst revealing a common similarity – a hope in attaining the American dream. The novel follows the dreams of members of entirely separate social classes and encapsulates the thwarted dreams of both the prosperous and the underprivileged, through immoral and irresponsible actions. Overall, it can be said that The Great Gatsby summarises the way in which society's definition of the American dream morphed from that of achieving happiness to acquiring monetary effects. Daisy Buchanan can be regarded as one of the foremost ‘irresponsible dreamers' in the novel. Her personality appears to reflect that of a child's. She often acts fickle, immature and is constantly seeking attention. An example of this is on page 15 where Nick mentions â€Å"I've heard it said that Daisy's murmur was only to make people lean toward her. † Her childish attributes may have contributed to her irresponsible nature. After meeting Gatsby, Daisy begins to view everything in a romantic light. She whispers to Gatsby about wanting to â€Å"just get one of those pink clouds and put you in it and push you around† (page 101). Her relationship with Gatsby seems to have a tinge of fantasy, almost as if she is more interested in getting away from reality than being in a relationship with him. Daisy's affair with Gatsby can be said to be irresponsible as she is both a wife and a mother. Also, her decision to have an affair might possibly have stemmed from the anger and jealousy she felt in knowing about Tom's infidelity. The death of Myrtle and the events that followed showed readers just how irresponsible Daisy's character is. Despite that ultimately, Daisy was responsible for the death of Myrtle, she appeared unremorseful in leaving blame to Gatsby. This is evident when Fitzgerald writes â€Å"But she and Tom had gone away, early that afternoon, and taken baggage with them† (pg 171). This line immediately shows readers that Daisy may have felt little guilt at leaving Gatsby behind to deal with the aftermath of Myrtle's death. The â€Å"baggage† that the pair had taken with them implies that they are leaving for a prolonged amount of time and also that Tom and Daisy may have spent time planning their leave. Daisy's refusal of accepting her part in Myrtle's death shows elements of moral decay of the '20's society. On a larger scale, it can be suggested that Daisy and Tom embody the affluent old aristocracy, a society that could effectively avoid responsibility for their actions through their shield of abundant wealth and high status. Daisy, in particular reflects the quintessential example of the American dream- she had inherited her wealth, is married to an equally wealthy man and rotates in the circles of the upper class society. On the other hand, readers can argue that at the end of the novel, Daisy made the responsible decision of staying with Tom, saving her marriage and her daughter and can therefore be forgiven for her previous actions. Myrtle's character represents the average working class citizen of America. However, her affair with Tom grants her a few of the luxuries that other ordinary working class citizens would not be able to attain. For example, she says â€Å"I'd like to get one of those police dogs† (page 33). This extract shows that with the advantage of Tom's wealth, Myrtle can afford to be fickle. Her irresponsibility lies with her belief of a rise in social standing through her relationship with Tom. Her attitude to others of her own class, changes, perhaps signifying a corruption of innocence. When Tom and Myrtle host a party in their apartment, Myrtle acts in a patronising manner towards Mrs McKee, rejecting her compliments and offering Mrs McKee her clothes (page 37 and 42). Fitzgerald may have written it to show that the American dream was not necessarily morally justified, for when Myrtle achieved aspects of the American dream – wealth – she behaved haughtily. However, readers may argue that Myrtle was not irresponsible, as she was only pursuing the chance for a better life. Myrtle may have seen her affair with Tom as a means of obtaining this â€Å"better life† and so her actions were justifiable. Her death represents the slow disintegration of the American dream. Its abruptness could possibly symbolise the abrupt economic boom (and later the abrupt economic bust), and the end of the American dream for both Myrtle and the working class society. In Gatsby, it is clear Fitzgerald has embodied the true American dream. Gatsby's climb from humble beginnings to owning a huge mansion, a successful business and a Rolls Royce displays to readers the ideal form of the American dream. However, it is also apparent that Gatsby acts in irresponsible ways. His chief aim appeared to be to win back Daisy. Gatsby says on page 117 â€Å"Can't repeat the past? (†¦ ) of course you can! † This belief showed readers that Gatsby was perhaps in denial that Daisy had moved on from him, and had a separate life from him. He had toiled for five years to be able to present to Daisy a worthy partner in himself, arguably an irresponsible act as it was inevitable that after five years, Daisy would have moved on. Fitzgerald also ties in the theme of time with Gatsby. Fitzgerald writes â€Å"the clock took this moment to tilt dangerously at the pressure of his head† (page 93). This line could represent Gatsby's strong conviction in repeating the past, whereas the clock tilting dangerously could perhaps be a dangerous indication of the tragedy to come. Another form of Gatsby's irresponsibility is in his strong loyalty to Daisy, despite the fact that she is married to another man. Ironically, his loyalty to her proved to be his destruction as he takes the blame for Myrtle's death and therefore was murdered by Wilson. Like Myrtle, Gatsby proves to be a victim of the American dream, and like Myrtle, his death could perhaps represent the disintegration of the American dream. Additionally, Fitzgerald's detailed description of the preparation of Gatsby's parties at the beginning of Chapter 3 could perhaps have been to illustrate Gatsby's extravagance in trying to win over Gatsby. This could perhaps be regarded as wasteful and irresponsible of Gatsby by readers. However, it can be argued that Gatsby was influenced by his love for Daisy and therefore his extravagance was justified. It is suggested in the novel that Gatsby made his wealth through engaging in criminal activities. However, as it is not directly mentioned, it cannot entirely be regarded as another of his irresponsible actions. In general, it can be said that Gatsby's irresponsibility stemmed from his pursuit of Daisy's love, and so readers are often more empathetic towards him than any other character in the novel. Moreover, Gatsby's representation of the American dream appeared to be the only one that did not centralise on monetary gain – another aspect that draws sympathy from readers on his death. To an extent, it can be agreed that the characters are irresponsible dreamers. Readers however, may be at a disagreement over which character holds the biggest responsibilities. Daisy can be seen as one of the most irresponsible characters as she played a great role in the death of Myrtle and therefore her action had a greater consequence. The American dream also plays a part in the irresponsibility of characters as it is often their pursuit of their dreams that leads them to make immoral and irresponsible decisions. Fitzgerald's depiction of the â€Å"roaring twenties† and the unprecedented distribution of wealth revealed an alarming aftermath of social and moral decay.

Gender and Sexulaity - 1627 Words

Jackie Pappas Professor Winchock ENWR 106-AN March 5, 2013 Paper #2 – Middle Draft Gender amp; Sexuality Our everyday lives are greatly affected by ones gender and sexuality. They shape who we are and define our identities. Society expects a certain gender to behave in a specific way and if this does not happen, one is seen as shameful and wrong, leaving the individual to feel defeated and out of place. In society only a few decades ago, women were meant to be silent and restricted. Men were the superior ones who had a voice. They freely got to do whatever they pleased. In Julia Avarez’ â€Å"Daughter of Invention and Judith Ortiz Cofer’s poem â€Å"The Changeling,† women were restricted of their true identities and their voices were†¦show more content†¦In the Dominican Republic under Trujillo’s rule, women were only expected to be two things: a wife and a mother. They were restricted to being anything but. They did not have permission to explore their interests such as inventing. Women were expected to take care of the house and the family and if they did anything else, saying they’d be in trouble is an understatement. Women were not allowed to be free to be who they are. Women were expected to only take care of the family and the house even if they wanted to do something else. It is still joked about today all over the Internet that women belong in the kitchen. While it is meant as a harmless joke, it is a reality for others. For example, it was a reality for the speaker in â€Å"The Changeling.† While her father was very amused with his daughter dressing as a man, her mother was not. When it was time for the family to sit down for dinner, the mother â€Å"[forbad her] from sitting down with them as a man† (Cofer 725). The mother felt that when her daughter dressed in her brother’s clothes, it was distracting her from being a girl. She is forced to go back into the closet to change back into her expected outfit. The speaker, who once saw a closet full of adventure, then saw the same closet as a dark space (Cofer 725). When she emerged from the closet, back into reality, she walked back into â€Å"the real world of her [mother’s] kitchen† (Cofer