Defamation case law in Hong Kong: A corpus-based study

Cheng, Le; Cheng, Winnie; Li, Jian

doi:10.1515/sem-2015-0114

Cited by 8 publications

(3 citation statements)

References 10 publications

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“…Overall, the issue of criminal insults and defamation requires a balance between freedom of expression and the right to protect one's reputation (Cheng, 2016).…”

Section: Theoretical Frameworkmentioning

confidence: 99%

Defamation and Insult Via Digital Media in Indonesia: The Islamic Law and Human Rights Perspective

Yusrizal,

Adwani,

Rizanizarli

et al. 2023

J. of Law and Sust. Develop.

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Purpose: In this research, normatively and practically, insults and defamation tested the standard limits of freedom of speech as a form of freedom of expression. Theoretical framework: Each individual has an obligation to exercise their human rights and to recognize and protect the human rights of others. No entity, whether it be the government, groups, or individuals, has the authorization to infringe on the rights of others. Method: The research method used in this research was normative juridical research that refers to the norms and principles of law regulating criminal acts of insult and or defamation via digital media. Conclusions: In principle, the regulation of criminal acts of insult and or defamation via digital media is based on human rights. However, the regulation in the Indonesian Criminal Code and Law Number 11 of 2008 on Electronic Information and Transactions may not be an appropriate for controlling information containing insults and/or defamation in information technology. In Islamic law, respect for human beings is a fundamental right and universal freedom is an integral part of Islam. Research Implications: In the context of a democracy, freedom of expression is a right, the use of which can be restricted by the state. Insults and defamation through speech and expression can harm an individual's reputation, which is considered one of their fundamental rights that demands protection and respect. Originality/value: Human dignity has a high position in the core values of Islam. It is because Islam does not allow for the degradation of an individual's dignity through insult or defamation.

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“…Overall, the issue of criminal insults and defamation requires a balance between freedom of expression and the right to protect one's reputation (Cheng, 2016).…”

Section: Theoretical Frameworkmentioning

confidence: 99%

Defamation and Insult Via Digital Media in Indonesia: The Islamic Law and Human Rights Perspective

Yusrizal,

Adwani,

Rizanizarli

et al. 2023

J. of Law and Sust. Develop.

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“…Perhaps, journalists may usually violate the right of freedom of expression by insulting or defaming others, mostly politicians who assumed public office, while performing their duty (Mirkovski & Majhosev, 2017). Overall, the issue of defamation law inherently calls for a balancing between the freedom of expression and the right to safeguard one's reputation (Cheng, Cheng, & Jian 2015). Cognizant of this inverse relationship between the freedom of expression and the right to reputation, it is possible to draw safely the following conclusions; on one hand, the law of defamation is supposed to restrict the freedom of expression in order to protect the legitimate right to reputation.…”

Section: The Need For Defamation Lawmentioning

confidence: 99%

Defamation Law in Ethiopia: The Interplay between the Right to Reputation and Freedom of Expression

Kabtiyemer¹

2018

BLR

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This article attempts to explore the unresolved debate on conflicting relationship between the right to free expression and defamation law that primarily intended to protect right to reputation. It also shows how far defamation law has been used to suppress expression and limit access to information in most countries in general and in Ethiopia in particular. To this end, the article examines the prevailing trend of manipulating strict defamation law as a method to make media deliberately inefficient and weak so that silence and intimidate journalists under the guise of protecting reputation. Above all, the central theme of this article is to assess whether or not the existing defamation law of Ethiopia comply with the international principle that urges decriminalization of defamation law. Toward this, provisions which govern acts of defamation under Ethiopian Constitution and other laws to the effect will be scrutinized. Furthermore, this article suggests how International human right principles should be contextually adopted to Ethiopia to limit abuse of defamation law. Finally, after a thorough examination of conflicting interest and the necessary balance between the right to reputation and freedom of expression under Ethiopian law context, the right way to deal with defamation law would be suggested.

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“…Contrastingly, low-intensity insults, in fact, were de-criminalized by law in 2015. On the other hand, Cheng et al (2016) have conducted studies on defamation cases in China. However, Cheng et al (2016) focused the study on semiotic investigations in written texts of the court.…”

Section: Introductionmentioning

confidence: 99%

The Portrayal of Defamation Case Defendant in Court Verdict

Zifana

Lukmana

Sudana

2021

Indonesian J. Appl. Linguist.

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In Indonesia, the law that regulates defamation case is not only the Criminal Code but also the Law of the Republic Indonesia Number 11 of 2008 on Information Electronic Transactions (the ITE Law). From 2009 to 2014, the ITE Law has brought 71 defendants in courts as the suspects of defamation case. This overlapping law seems to be caused by many dimensions that can be used to see whether a person’s name can be ‘defamed’ due to someone else’s language productions. The complexity of defamation in Indonesia leads this study to look into its legal dimensions from a linguistic perspective. Conducted in the context of law in Indonesia, this research attempted to discover the portrayal of defamation case defendants in court verdicts. The data of the research were collected from the copies of court verdicts of two defendants of defamation case in Indonesia, settling in 2014 and 2015. The data were in the form of texts explaining the position of the defendants in their relation to the grounds for judge’s final decision. This research employed van Leeuwen’s (2004) Critical Discourse Analysis as a framework to reveal social semiotic features depicting and explaining the construction and position of inclusion and exclusion of social actors in related discourses. Data interpretation and final conclusions unveil the existence of certain features that might violate the principle of presumption of innocence against defendants. This research also reveals marginalization of defendants in an effort to balance justice retributively and restoratively. The study indicates that the defendants turned to be the target of victimization in the production of court verdicts, while in fact, the law should place all subjects in equal positions before the delivery of such consequential decisions.

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Defamation case law in Hong Kong: A corpus-based study

Cited by 8 publications

References 10 publications

Defamation and Insult Via Digital Media in Indonesia: The Islamic Law and Human Rights Perspective

Defamation and Insult Via Digital Media in Indonesia: The Islamic Law and Human Rights Perspective

Defamation Law in Ethiopia: The Interplay between the Right to Reputation and Freedom of Expression

The Portrayal of Defamation Case Defendant in Court Verdict

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