scholarly journals Product Reviews by YouTubers: Education or Defamation?

2021 ◽  
Vol 43 (3) ◽  
pp. 226
Author(s):  
Dewi Bunga
Keyword(s):  
Public Interest ◽  
Criminal Policy ◽  
Criminal Code ◽  
Product Reviews ◽  
Electronic Information ◽  
The Public ◽  
Goods And Services ◽  
Legal Problems ◽  
Criminal Charges

One of the contents used by YouTubers to reach subscribers is by conducting product reviews. Based on their competencies, YouTubers convey an assessment of goods and services to the public and as a form of education to the public. This condition has the potential for legal problems if according to the producer or related parties that the results of the assessment by the YouTuber actually drop the goods or services being marketed. In this study, there are two problems discussed, namely, first; criminal policy of insult / and or defamation offenses in cyberspace, second; the principle of truth and public interest as the boundary between education or insulting and / or defamation. This research is a normative juridical method that examines the obscurity of norms regarding insult and / or defamation of product reviews submitted by YouTubers. The criminal policy for insult and / or defamation is regulated in Article 27 paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions which must be linked to Articles 310 and 311 of the Criminal Code. Testing the principles of truth and public interest is very important to free YouTubers from criminal charges on charges of defamation / and or defamation

scholarly journals Our Right to Share, Their Right to Know: An Analysis of Public Interest Defense to Defamation

Lentera Hukum ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 241
Author(s):  
Kezia Ezekiel
Keyword(s):  
Social Media ◽  
Public Interest ◽  
Freedom Of Expression ◽  
Criminal Code ◽  
Doctor Who ◽  
Legal Norms ◽  
The Public ◽  
The United Kingdom ◽  
Internet Users ◽  
Defamation Law

The defamation reports have increased and shifted under online-based technology through social media. This study considered the defamation issue in Indonesia that alleged Richard Lee, a doctor who shared a beneficial publication through social media about the dangerous skincare product. Richard's audience believed that his content helped them know the hidden truth behind skincare products available in the market. Consequently, the public questioned whether he was liable because he was regarded to share helpful information under the public interest. This study aimed to analyze Indonesia’s defamation laws, especially in public interest defense under Article 310(3) of the Indonesian Criminal Code. However, the interpretation for public interest as a crime abolition is unclear, resulting in various courts' decisions that lead to criminalizing internet users. This study used legal research with statutory and comparative approaches. It examined legal norms and practices in Indonesia and compared those in the United Kingdom, Canada, and New Zealand. These three countries adapted defamation law to develop cases, including those alleged defamations for the public interest. While the freedom of expression is enshrined in the constitution, its practice has contradicted defamation provisions outlined in derivative regulations. By comparison, these three countries have precise boundaries and public interest defense is explicit. Those countries have specific rules and lists that needed to be fulfilled for those who use public interest defense. The lists based on previous precedents show how they learn and adapt to the development of public interest defense in many cases. This study concluded that Indonesia does not have specific standards or rules to determine cases categorized as the public interest. KEYWORDS: Public Interest Defense, Online Defamation, Freedom of Expression.

OPTIMALISASI ASAS OPORTUNITAS PADA KEWENANGAN JAKSA GUNA MEMINIMALISIR DAMPAK PRIMUM REMEDIUM DALAM PEMIDANAAN

2020 ◽  
Vol 6 (1) ◽  
pp. 213-236
Author(s):  
Yodi Nugraha
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Public Interest ◽  
Justice System ◽  
Attorney General ◽  
Criminal Code ◽  
Comparative Approach ◽  
Public Prosecutor ◽  
Criminal Prosecution ◽  
The Public

In the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority.  This article discusses this authority to cease of terminate criminal prosecution in the name of public interest.  To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands.  A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system.

A Silk Road for Professional Qualifications?

2020 ◽  
pp. 203-220
Author(s):  
Ton van den Brink ◽  
Sybe A. de Vries
Keyword(s):  
Higher Education ◽  
Public Interest ◽  
Silk Road ◽  
The Public ◽  
Goods And Services ◽  
Competing Interests ◽  
Regulatory Strategies ◽  
National Differences ◽  
Legal Frameworks ◽  
The Eu

The tension between the public interest to regulate professions, and the economic rationales to open up markets has long since been an issue within the EU. This chapter explores how these competing interests have shaped the EU’s legal frameworks for the recognition of professional qualifications. We will see that a range of regulatory strategies have been applied to design such frameworks. The next element of the analysis is based on the assumption that we may be able to draw lessons from the EU’s internal regulatory strategies to deal with national differences in regulating professions. Thus, the chapter will examine to what extent, and under which circumstances, such regulatory strategies may offer viable perspectives for Sino–EU relations; a crucially important question considering the implications of the New Silk Road for higher education on the trade of goods and services between China and Europe.

scholarly journals Public Prosecutors to Defend the Public Interest

2017 ◽  
Vol 9 (1) ◽  
pp. 301-316
Author(s):  
José P. Ribeiro de Albuquerque
Keyword(s):  
Public Interest ◽  
Criminal Policy ◽  
Criminal Prosecution ◽  
Public Prosecution ◽  
Legal Representation ◽  
Constitutional Review ◽  
The Public ◽  
The Social ◽  
Legal Model ◽  
Public Prosecution Service

The preconditions for the question I want to address today are the social skills, duties and responsibilities of the Portuguese Public Prosecution Service. It is an independent and autonomous judicial body, based on a constitutional and legal model that confers functions on the Public Prosecution Service encompassing not only criminal prosecution and participation in the implementation of the criminal policy, but also the legal representation for employees, the promotion and protection of the welfare of children and young people, as well as the protection of collective and diffuse interests (environment, urban planning, public health, etc.), the safeguarding of the judicial independence and of the law, the enforcement of judicial decisions, the constitutional review and the promotion of the public interest. It is in the Public Prosecution´s powers of initiative in the public interest that I would like to focus on.

scholarly journals Assessing ‘good governance’:‘scientific’ measurement and political discourse

2014 ◽  
Vol 10 (1) ◽  
Author(s):  
Robert Gregory
Keyword(s):  
Civil Society ◽  
Public Goods ◽  
Public Interest ◽  
Political Discourse ◽  
Good Governance ◽  
The Public ◽  
Goods And Services ◽  
The Past ◽  
Wide Range ◽  
State Authority

The idea of governance – as distinct from government – has become intellectually fashionable in academic circles over the past decade or so, constituting a new conceptual paradigm that embodies ideas about the dispersal and fragmentation of formerly centralised state authority, the increasing involvement of civil society in the delivery of public goods and services, and the networked collaboration of a wide range of governmental and nongovernmental bodies in the pursuit of public purposes and the public interest.

scholarly journals The Role of the Military Courts in Punishing the Crimes Committed by Military Personnel

2016 ◽  
Vol 22 (2) ◽  
pp. 379-383
Author(s):  
Alexandru Stoian
Keyword(s):  
Public Interest ◽  
Military Personnel ◽  
Criminal Code ◽  
Fundamental Rights ◽  
The Public ◽  
Procedure Code ◽  
New Codes ◽  
Fundamental Rights And Freedoms ◽  
The Military

Abstract Having a long tradition in the system of judicial organization in Romania, the military courts represent a category of courts specialized in the prosecution and punishment of the deeds committed by the military. In the context of satisfying the public interest and of the protection of the fundamental rights and freedoms of the citizens, the role of the military courts has always been a strongly individualized one and should, at first sight, enjoy a wider recognition. However, the reforms required by the implementation of the new codes, the Criminal Code and the Criminal Procedure Code, bring into discussion significant restructuring and side with a demilitarization of military courts, required by a better streamlining of the judicial system and by a more adequate implementation of the guarantees of independence and impartiality stipulated by the Constitution of Romania.

Introduction: The Likelihood of Confusion

2019 ◽  
Author(s):  
Ilanah Fhima ◽  
Dev S. Gangjee
Keyword(s):  
Public Interest ◽  
Trade Mark ◽  
Purchasing Decisions ◽  
Systematic Analysis ◽  
The Public ◽  
Goods And Services ◽  
Intuitive Appeal ◽  
Likelihood Of Confusion ◽  
Trade Mark Law

Confusion is the lynchpin of trade mark law. As a cause of action, it has something to offer everyone: trade mark owners are protected from those trying to reap the benefits of their investment in their mark and brand, the public interest is served because consumers are protected from making mistaken purchasing decisions, and consequently, a differentiated market for goods and services can operate. The prevention of confusion also has intuitive appeal. We have all been confused; policymakers, judges, academics, practitioners, and members of the public alike. Indeed, we have probably all made erroneous decisions in the marketplace. Yet, despite (or perhaps because of) the ease with which likely confusion provides the traditional rationale for trade mark protection, it is under-analysed and under-studied. In particular, it is our belief that the very intuitiveness of confusion has resulted in little systematic analysis considering the exact ingredients that make up a claim of confusion.

SKY PLC v SKYKICK UK LTD

2020 ◽  
Vol 137 (2) ◽  
pp. 112-162
Author(s):  
Keyword(s):  
Public Interest ◽  
Computer Software ◽  
Intention To Use ◽  
Bad Faith ◽  
Trade Marks ◽  
The Public ◽  
Goods And Services ◽  
Software Requirement ◽  
Court Of Justice ◽  
European Trade

Abstract H1 Trade Marks – European trade marks – SKY – Validity – Specification of goods and services – Broad specifications – “Computer software” – Requirement of clarity and precision – Whether a ground of invalidity – Whether amounting to failure to satisfy requirement of graphical representability – Whether contrary to the public interest – Bad faith – Effect of lack of intention to use in whole or in part – Vires of s. 32(3) of the Trade Marks Act 1994 – Reference to Court of Justice

scholarly journals The Status of Criminal Law in the Order of Implementation of Duties and Authorities of Authorized Land Marker

2020 ◽  
Vol 5 (2) ◽  
pp. 65-69
Author(s):  
Dewa Gede Wibhi Girinatha
Keyword(s):  
Empirical Research ◽  
Criminal Law ◽  
Public Interest ◽  
Criminal Code ◽  
Criminal Offense ◽  
The Public ◽  
Criminal Offenses ◽  
The Status ◽  
Land Titles

The problem discussed in this study is the authority of the land deed maker in making authentic deeds and potential criminal offenses in carrying out the position of the official land deed maker, because it is very important for the officials of the land deed maker in assuming his position to provide services and information about agreements to make land certificates and for the public interest. This study aims to examine the position of criminal law in the order of carrying out the duties and authorities of the official land deed. This study was designed in juridical-empirical research. The result of this research is that the official land deed maker is inseparable from the responsibility of the deed he made and the implementation of the position of Land deed official has the potential to cause a criminal offense. Potential criminal offenses referred to are potential criminal offenses in the implementation of Land Titles Registrar positions in falsifying authentic deeds regulated and threatened with criminal offenses in Article 264 paragraph (1) jo. Article 263 of the Criminal Code. The falsification of the letter is punishable by imprisonment for a maximum of eight years, if it is carried out on authentic deeds in Article 264 paragraph (1) number 1 of the Criminal Code.

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