Wednesday, July 18, 2007

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The libel in the publication of interviews


The main discriminating legitimate interview to judge, within the right of expression, is the public interest in the opinions or statements of the interviewee.

E 'useful here to define a bit' better the concept of public interest, not just the mere curiosity of the public to ensure that an event is received to the public interest, but it is necessary that it contributes to the formation of a ' public good.
addition to the interview must contain profiles of public information, which go beyond the subjective position of the interviewee.

The reputation of the respondent is in any case in a discriminating assessment of the public of the fact, but less important than the actual interest of what he said.

Having said that differences remain on the responsibility of the interviewer and the interviewee's responsibility.

The discriminant for assessing the mere exercise or not, the freedom of the press, by the interviewee, is the actual degree of public importance of the event / statement by verifying that the journalist has merely to report the 'event, rather than transforming it into an instrument of defamation.

The discriminant to assess the veracity of the statements by the interviewee meets to evaluate the discriminatory exercise of freedom of the press.

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The irony and satire in the law of defamation and criticism


The irony was defined in a particular way of doing criticism.

The ironic tone is used, according to a criminal sentence of the SO to support through the rhetorical criticism, not to deliberately offend.

The satire, however, is that form of expression of thought, whose peculiarity is to arouse laughter mocked by the characters known through the use of paradox, metaphors and surreal forcing the tone.

Even in the case of irony and satire, a condition that causes the ball to remain in their exercise of lawful is the truth of the fact mentioned by the comic business.

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right to criticize the judicial reporting

Since the right to criticize, which is one aspect of the manifestation of thought protected by Article 21 of the Constitution - is realized to express an opinion and interpretation which, by definition, can not be strictly objective.

Given that criticism, by its nature, tends to put a bad light on who is the subject

Given that the journalist is not a judge, but a person who can assess the facts in the light of its social and political inclinations.

The Court focused its attention on identifying the parameters by which the interpretation of an event to coincide with the exercise of the right to criticize precisely.

Here's how it was interpreted and defined the concept of truth in the law of critical

first prerequisite of the right of criticism is the truth that has created the same.

As for the mere exercise of criticism, it must respect the limit of continence expression, which will be assessed with reference to the historical context in which social and cultural criticism has been exercised.

also must not exceed the limit of respect for the person, not to interfere in the private sphere, in the moral property of the individual concerned.

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Among all, the news was particularly subject to judicial prosecution.

The limit of truth to that kind of record, is respected in the time it is accurately reported the contents of the court order, without any alteration, or comment or personal inference that it misrepresents the meaning.

The issue of confidentiality of investigations but is somewhat controversial. In this case, we contrast two different interests: the protection of confidentiality of individuals, in accordance with the principle of presumption of innocence and the right to citizenship on issues of national public interest.

Violation of the confidentiality of investigations, therefore, does not rule out the legitimacy of the normal exercise of freedom of the press.

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Defamation Defamation and freedom of the press


The freedom of the press has, as a characteristic intrinsic to the criterion of truth of the news. Some

imprecision, if not alter the substance of the matter, does not violate this policy.

It 's very important when it comes to defamation and freedom of the press, remember that this principle of truth goes beyond the mere narrative objectivity, being influenced by elements of technical exhibition.

fact forms of defamation can occur for insinuation :

combining more real news that create a false story.

Combining real news to real news in part or entirely false news.

omitting details of news, in any case, true. Although in these circumstances we must not forget that the requirement of completeness can exist only where there is a relationship of close links between the fact and failed to narrated.

To avoid the danger of defamation unconscious, the journalist needs to be constantly checking the sources of information.

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Defamation

consists in the violation of the right of the individual not to have affected their personal assets, intellectual and professional.

can be considered as such only if this change is reached through a specific injury to the reputation of the subject, and not every time you implement a misreading of the personal identity of the taxpayer.

The diffamatorietà of an article must be determined by reading the article as a whole, not extrapolated to single sentences.

In the field of personal injury on the identity and reputation is not required to have a clear desire defamatory. And do not assume any importance to the motive that prompted the journalist to publish defamatory statements.

Tuesday, July 17, 2007

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When the author has the right to withdraw ' work on trade

The author of a work has the right to withdraw the work from the market, when it deems appropriate, with the sole obligation to compensate those who own the rights to the itself.

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What is the right to the integrity of the work?


This law, in particular, protecting the reputation and image of the author. Ensures
author, in fact, that their work be viewed comfortably by users of integrity, as he has designed, with no changes that would affect the essence and the original meaning.
Again we are dealing with a copyright moral rights, protecting the honor and reputation of the subject, and not the economic aspect of the work.

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And the right to authorship


the author of a work of art has the right to have publicly attributed the authorship of the work in question. Even if the work has previously been published anonymously or under preudonimo.
Also, if they so wished, the authors have a right to see specified, media work, their names and their professionalism.
This right belongs to the personal sphere, directly related to the issue of artistic reputation, is thus a moral right of the author.

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What is the right of unpublished


unpublished The right to protection of an author's will to maintain their own unpublished work.
this right continues even after the transfer of rights to the work to third parties, and also following the death of the author.
This is a moral right to copyright, protecting the personality, the inspiration of the subject - which is expressed through his works-and does not affect the assets of the same.

Monday, July 16, 2007

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