scholarly journals Safe harbour: Should we be worried? An analysis of Clause 20 of the Harmful Digital Communications Bill, and its application to the law of defamation

2021 ◽  
Author(s):  
◽  
Jordan Lipski
Keyword(s):  
New Zealand ◽  
Strict Liability ◽  
Digital Communications ◽  
Third Parties ◽  
Online Content ◽  
Safe Harbour ◽  
The Creation ◽  
The Law ◽  
Defamation Law ◽  
Safe Harbours

<p>Liability of internet intermediaries for content created by third parties is a contentious area of defamation law. Recently, the law in New Zealand has begun to depart from English law, and move closer to strict liability. Parliament has responded with a ‘safe harbour’ in clause 20 of the Harmful Digital Communications Bill, which will provide online content hosts with conditional immunity from liability for content created by others. The author supports the creation of a legislative safe harbour for internet intermediaries, but highlights a number of deficiencies with clause 20 as currently drafted. This paper analyses the existing law, including possible defences, and clause 20. It also looks to other jurisdictions’ safe harbours, and concludes with recommendations on how clause 20 ought to be improved.</p>

scholarly journals Safe harbour: Should we be worried? An analysis of Clause 20 of the Harmful Digital Communications Bill, and its application to the law of defamation

2021 ◽  
Author(s):  
◽  
Jordan Lipski
Keyword(s):  
New Zealand ◽  
Strict Liability ◽  
Digital Communications ◽  
Third Parties ◽  
Online Content ◽  
Safe Harbour ◽  
The Creation ◽  
The Law ◽  
Defamation Law ◽  
Safe Harbours

<p>Liability of internet intermediaries for content created by third parties is a contentious area of defamation law. Recently, the law in New Zealand has begun to depart from English law, and move closer to strict liability. Parliament has responded with a ‘safe harbour’ in clause 20 of the Harmful Digital Communications Bill, which will provide online content hosts with conditional immunity from liability for content created by others. The author supports the creation of a legislative safe harbour for internet intermediaries, but highlights a number of deficiencies with clause 20 as currently drafted. This paper analyses the existing law, including possible defences, and clause 20. It also looks to other jurisdictions’ safe harbours, and concludes with recommendations on how clause 20 ought to be improved.</p>

scholarly journals La justicia penal militar colombiana y los principios procesales constitucionales de independencia e imparcialidad, después de la separación de la función de jurisdicción con la función de comando

Justicia ◽  
2014 ◽  
Vol 19 (26) ◽  
Author(s):  
Consuelo Amparo Henao Toro ◽  
Ingrid Regina Petro Gonz ◽  
Felipe Andrés Mar
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Third Parties ◽  
Penal Code ◽  
Security Forces ◽  
Origin And Evolution ◽  
The Creation ◽  
The Law ◽  
The Military ◽  
Legal Training

El presente artículo analiza la Justicia Penal Militar colombiana, su origen y evolución desde la vigencia del Decreto 2550 de 1988, según el cual los miembros de la Fuerza Pública podían ejercer simultáneamente las funciones de comando con las funciones de jurisdicción, toda vez que quien juzgaba no se encontraba técnicamente habilitado para desarrollar esa función por carecer de formación jurídica profesional y debía depender de terceras personas para emitir sus fallos, situación que contrariaba los principios de independencia e imparcialidad. Posteriormente, con la creación de la Ley 522 de 1999, actual Código Penal Militar, esas funciones fueron separadas y prohibidas, lo que amerita analizar estos principios a la luz de esta normativa penal militar.   AbstractThis article analyzes the Penal Military Colombian Justice system, its origin and evolution from the enforcement of Decree 2550 of 1988 according to which members of the security forces could exercise the functions of command simultaneously with the functions of jurisdiction, since he was deemed not technically qualified to perform that function due to lack of professional legal training and had to rely on third parties to issue their decisions, a situation that went against the principles of independence and impartiality. Later, with the creation of the Law 522 of 1999 current Military Penal Code, these functions were separated and thus deserving prohibited discuss these principles in light of the military criminal law.

Character merchandising: aspects of legal protection

Legal Studies ◽  
2001 ◽  
Vol 21 (2) ◽  
pp. 226-250
Author(s):  
Andrew McGee ◽  
Sarah Gale ◽  
Gary Scanlan
Keyword(s):  
Present State ◽  
Legal Protection ◽  
Trade Mark ◽  
Third Parties ◽  
Trade Marks ◽  
Passing Off ◽  
Legal Control ◽  
The Creation ◽  
The Law ◽  
Special Circumstances

The article considers the present state of the law of character merchandising. It questions whether the law relating to character merchandising should be further developed and extended so as to give an individual a comprehensive right to prevent the unauthorised use of aspects of his personality by third parties in connection with the promotion or sale of goods or services. In this context the article rejects the creation of new comprehensive remedies such as a tort of appropriation of personality as being undesirable and impractical. The article maintains that unauthorised acts of personality appropriation or use are already subject to adequate legal control through the law of trade marks and passing off. In this regard the article further suggests that tortious remedies such as defamation, malicious falsehood, and, in restricted circumstances copyright, provide effective sanctions against the unauthorised use of an individual's persona in commercial enterprises in particular and special circumstances. These remedies supplement and complement the principal remedies provided by trade mark protection and passing off.

scholarly journals A Storm Drifting by? Defamation Law and Sport in Australia and New Zealand

2009 ◽  
Vol 40 (3) ◽  
pp. 669
Author(s):  
Chris Davies
Keyword(s):  
New Zealand ◽  
Visual Images ◽  
Delicate Balance ◽  
Written Comments ◽  
Spoken Words ◽  
The Media ◽  
The Law ◽  
Defamation Law

The law of defamation provides protection to people's reputations. An examination of the sports-related defamation cases in Australia and New Zealand indicates that such claims have been based on written comments, spoken words and also visual images. These cases can be internal comments made by those involved in a sport, as illustrated by the recent comments made by the coach of the Melbourne Storm, Craig Bellamy. However, as the recently decided case of Coates v Harbour Radio Pty Ltd indicates, most of the cases have involved comments made by people in the media rather than within the sport. An examination of defamation and sport, therefore, requires an examination of the sometimes delicate balance between the media's desire to report and comment on controversial sporting matters, and the desire of those involved in sport wishing to protect their reputations. 

scholarly journals Akibat Hukum bagi Kreditur Setelah Perjanjian Perkawinan Dibuat dan Telah Disahkan

2021 ◽  
Vol 6 (1) ◽  
pp. 55
Author(s):  
William Surya Putra Handoko
Keyword(s):  
Legal Status ◽  
Third Parties ◽  
Analysis Approach ◽  
Constitutional Court ◽  
Analysis Techniques ◽  
Personal Property ◽  
Legal Problems ◽  
The Creation ◽  
The Law ◽  
Joint Property

This study aimed to analyze legal problems due to the change in the legal status of the debtor’s property in marriage which was previously a joint property into the personal property of each husband or wife.  This study used a statutory approach and an analysis approach, while the analysis techniques used grammatical interpretation and systematic interpretation. After the decision of the Constitutional Court was issued, the creation of marriage agreements that had been ratified would result in the law of separation of property and applied to third parties. The marriage agreement should not harm third parties.

scholarly journals A Capital Opportunity: Creating a New Zealand Jurisprudence in Public and International Law

2010 ◽  
Vol 41 (4) ◽  
pp. 703
Author(s):  
David Baragwanath
Keyword(s):  
New Zealand ◽  
International Law ◽  
Public Law ◽  
Law Schools ◽  
Global Context ◽  
Law Faculty ◽  
Written Form ◽  
The Creation ◽  
The Law ◽  
Court Of Appeal

This is the written form of a lecture delivered at the Law Faculty on 28 April 2010 by Justice Baragwanath as part of a series of lectures delivered the various New Zealand law schools, to mark the judge's retirement from the New Zealand Court of Appeal.  In this lecture the judge argues for the creation of a New Zealand public law that both acknowledges the special nature of New Zealand society and recognises the global context within which all New Zealand law must now fit and to some extent must be judged.

scholarly journals A study of the interplay between the law and organisational codes of conduct with regards to sexual harassment in New Zealand

2021 ◽  
Author(s):  
◽  
Heike Menne-Spohr
Keyword(s):  
New Zealand ◽  
Sexual Harassment ◽  
Human Resources ◽  
Trade Unions ◽  
Third Parties ◽  
Legal Consciousness ◽  
Structured Interviews ◽  
Policies And Procedures ◽  
The Law ◽  
Sexual Harassment Policies

<p>The aim of this research is to fill a gap in the New Zealand literature which is to investigate whether the sexual harassment legislation is being understood, implemented and monitored in organisations effectively.  This thesis explores how organisations in New Zealand are using tick-box compliance when implementing sexual harassment legislation into their employee policies and procedures documents due to the ambiguity of certain words. It looks at the role that Human Resources consultants and trade unions play, and further using the endogeneity model, the thesis explores the effect that tick-box compliance has on the legal consciousness of sexual harassment in organisations and third parties.  Data was collected through semi-structured interviews with Human Resources professional at public and private sector organisations, Human Resources consultants as well as trade union representatives who are actively involved with the implementation and management of sexual harassment policies in the workplace.    It was found that organisations had implemented sexual harassment policies and procedures several years previously and that these had not been changed significantly due to a lack of change in the law itself. The findings also indicate that the organisations implement sexual harassment polices using a tick-box approach and they do not necessarily fully understand the legislation. It was suggested that the emphasis had shifted from sexual harassment to bullying and that the third parties like trade unions and Human Resources consultants see more cases of this than sexual harassment.   The thesis concludes that although organisations have sexual harassment policies and procedures, these are outdated and are not part of the legal consciousness of organisations, trade unions and Human Resources consultants. The ambiguous nature of the wording in the law itself and the lack of guidelines for organisations on how to implement them has resulted in tick-box compliance and organisations do not know if their policies are effective or not. Further the low penalties for sexual harassment behaviour means that there is no incentive for sexual harassment victims to raise complaints.</p>

scholarly journals A study of the interplay between the law and organisational codes of conduct with regards to sexual harassment in New Zealand

2021 ◽  
Author(s):  
◽  
Heike Menne-Spohr
Keyword(s):  
New Zealand ◽  
Sexual Harassment ◽  
Human Resources ◽  
Trade Unions ◽  
Third Parties ◽  
Legal Consciousness ◽  
Structured Interviews ◽  
Policies And Procedures ◽  
The Law ◽  
Sexual Harassment Policies

<p>The aim of this research is to fill a gap in the New Zealand literature which is to investigate whether the sexual harassment legislation is being understood, implemented and monitored in organisations effectively.  This thesis explores how organisations in New Zealand are using tick-box compliance when implementing sexual harassment legislation into their employee policies and procedures documents due to the ambiguity of certain words. It looks at the role that Human Resources consultants and trade unions play, and further using the endogeneity model, the thesis explores the effect that tick-box compliance has on the legal consciousness of sexual harassment in organisations and third parties.  Data was collected through semi-structured interviews with Human Resources professional at public and private sector organisations, Human Resources consultants as well as trade union representatives who are actively involved with the implementation and management of sexual harassment policies in the workplace.    It was found that organisations had implemented sexual harassment policies and procedures several years previously and that these had not been changed significantly due to a lack of change in the law itself. The findings also indicate that the organisations implement sexual harassment polices using a tick-box approach and they do not necessarily fully understand the legislation. It was suggested that the emphasis had shifted from sexual harassment to bullying and that the third parties like trade unions and Human Resources consultants see more cases of this than sexual harassment.   The thesis concludes that although organisations have sexual harassment policies and procedures, these are outdated and are not part of the legal consciousness of organisations, trade unions and Human Resources consultants. The ambiguous nature of the wording in the law itself and the lack of guidelines for organisations on how to implement them has resulted in tick-box compliance and organisations do not know if their policies are effective or not. Further the low penalties for sexual harassment behaviour means that there is no incentive for sexual harassment victims to raise complaints.</p>

scholarly journals A Managerial Guide to Products Liability: A Primer on the Law in the United States—PART II A Focus on Theories of Recovery

2012 ◽  
Vol 2 (3) ◽  
pp. 99
Author(s):  
Jr Richard J. Hunter ◽  
Henry J. Amoroso ◽  
John H. Shannon
Keyword(s):  
United States ◽  
Key Words ◽  
Theoretical Basis ◽  
Strict Liability ◽  
Product Liability ◽  
The United States ◽  
Products Liability ◽  
The Common ◽  
The Creation ◽  
The Law

 Abstract In Part II, the authors build on Part I of this study and here focus on the theories implicit in a product liability claim: negligence, fraud and misrepresentation, and warranty—with a focus on their inherent weaknesses—leading to the creation of the now preferred theory of strict liability in tort.  The context of Part II is on the common cases that provided the theoretical basis for the underlying theories, as well as to the development of strict liability. Key words: Theories of liability, negligence, warranty, fraud, strict liability

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