JOUR 61: Final

A recent lawsuit filed against Rachel Ehrenfeld demonstrated the huge difference between American and British libel law and looks set to dramatically alter how libel cases will be settled in the future. Ehrenfeld, a New York resident, was sued by Arab businessman Khalid Salim a Bin Mahfouz, for alleged false allegations of his links to Al Quaeda in Ehrenfeld’s 2003 book "Funding Evil: How Terrorism is Funded and How to Stop It". The controversy in the case is that Bin Mahfouz filed the lawsuit in the courts of the United Kingdom, taking advantage of their pro-plaintiff defamation laws. This practice has become common place in recent years, but Ehrenfeld’s refusal to accept the ruling against her means that this “libel tourism” may be coming to an end.
Libel is defined as printed material which causes injury to reputation. In the U.S., in order for a plaintiff to succeed in a claim for libel they must prove that the defamatory statement was published with the requisite degree of “fault”.[i] It is in this point where the discrepancy between U.S. and British libel law exists. Beginning with the New York Times Co v. Sullivan case in 1964, the U.S. Supreme Court embarked on a path of cementing the First Amendment rights of the media; by requiring that plaintiff’s prove that the defendant demonstrated knowledge that what was printed was false or that they displayed less than adequate care in determining whether it was true.
This extra burden of proof is not placed upon the Plaintiff in U.K. law and it is for this reason that a trend has emerged of plaintiffs choosing to file lawsuits for libel in the U.K., as opposed to the U.S., wherever possible, even when U.S. courts have a much stronger claim to the case.
This was the case with the suit filed against Ehrenfeld. She asserts that her book was only intended for the U.S. market; indeed only 23 copies were sold in the U.K. This did not stop Bin Mahfouz filing and prevailing in a suit in the U.K. courts, claiming his reputation was damaged there. Ehrenfeld, who failed to appear in the court proceedings in the U.K. refused to accept this verdict and turned to the New York courts, questioning Bin Mahfouz’s ability to enforce the decision in the U.S. This eventually led to New York Gov. David Patterson signing the Libel Terrorism Protection Act. This legislation provides significant protection to New York residents who have libel suits filed against them overseas. The expectation is that this bill will set a precedent that other States will surely follow.
This is certainly a very controversial issue. Having this bill in place allows American journalists to continue to pursue investigative journalism – a field which must be preserved – without the fear of a lawsuit being brought against them in another country, under completely different laws. Furthermore, should individuals such as Bin Mahfouz be allowed to take advantage of laws in the U.K. despite the fact that the U.S. has a much stronger interest in the case? However, in passing this bill, New York is effectively granting themselves authority to overturn decisions passed in the courts of another country. At a time when the U.S. is repeatedly accused of trying to impose their ideals throughout the globe, is this a smart move? The problem here is one of having regional laws governing what is now a global marketplace. Ehrenfeld’s book was not marketed in the U.K.; the 23 copies were sold over the Internet. The Internet makes it possible for content intended for an audience in one country to become distributed across the globe, with no intentionality on the part of the author. The author can surely not be held responsible for ensuring that their published material is in line with libel law in every country where it may conceivably be distributed. At the same time, it is politically amiss for one country’s courts to simply overrule the decisions of another’s. Based on this, I would agree with the resolution proposed by Julie Hilden; that an agreement should be reached between nations, deferring libel cases to the courts of the country which holds greater interest in the case.[ii] However, is this fare on the plaintiff? While many more copies of a book or article may be distributed in the U.S., it is still very much possible for the plaintiff’s reputation to be considerably damaged in the U.K. Are they not entitled to protection, therefore, under U.K. law? I don’t believe, at this time, that there is a resolution that is completely fair for everyone involved. Until there are global courts to match the global marketplace, this may be the best one available.

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[i] Goldstein, p.354

[ii] Hilden, 2007

Bibliography

Glodstein, N (Ed.). (2007). The Associated Press Style Book 2007. New York, NY: The Associated Press.

Hilden, J (2007, Dec, 24). The Ehrenfeld/Mahfouz case: How "Libel Tourism" undermines the First Amendment and, in the internet age, compels an international solution . Find Law, Retrieved May 17, 2008, from http://writ.news.findlaw.com/hilden/20071224.html

MCOM 63: Social Media Experiment

Apologies for the lateness of this post.

The social media site I looked into was MySpace. This seems to be by far the most popular social media site and for years now I have been asked the question, "why don't you have a MySpace?", like there was something wrong with me for not having an account. The answer I've always given is that is seems like a lot of work to get your page set up looking how you want it to look and then even more work keeping it up-to-date. I was sure that, although it may seem fun at first, I would not have the commitment required for a MySpace account.

Like I expected, it was quite tricky setting my page how I wanted it, despite using one of the many sites that assists you with this. I was delighted though, to get a music player up on my page. I was able to select from a large catalogue of songs to put on my player and could show the world some of my favorite tracks. This was certainly the feature I enjoyed the most. It was fun too, hunting down some of those people who, down the years, had badgered me to sign up for MySpace and letting them know that I was on board.

However, my inclinations about MySpace have been proven correct. After a week or so I began to lose enthusiasm for my page. Changing my music selection and seeing what everyone was getting up to had lost its initial glamor. So, while MySpace may have a lot of great innovative features, it just requires too much commitment for me i'm afraid. I'll stick to Facebook.

JOUR 61: Magazine Project - Movie Review

Info Box:

Standard Operating Procedure

Grade: B-

Director: Errol Morris

Cast: Lyndie England

Sabrina Harman

General Janis Karpinski

Running time: 1 hour, 58 minutes

Released: Out Now

Main Text:

In 2004, pictures depicting abuse and torture of Iraqi prisoners held in Abu Ghraib prison, caused widespread embarrassment for the United States’ political and military leaders and brought condemnation upon those featured in the images
Standard Operating Procedure attempts to uncover the stories beyond the frames of the photographs. The film is the latest work by renowned documentary film maker Errol Morris, who has previously tackled topics such as a wrongly a convicted murderer – The Thin Blue Line – and former U.S. Secretary of Defense Robert S. McNamara – Fog of War.
The photographs provide a rich body of material for which to base this film around. Many of these images are shocking to observe. They depict such events as prisoners being forced to simulate sexual acts and soldiers joyfully posing with dead prisoners – killed as the result of torture.
The photos themselves paint a damming portrait of those involved. However, Morris encourages the audience to see the dangers of using photographs as a primary source of evidence. He features extensive interviews with some of the main protagonists in the scandal. These interviews depict those featured as naïve and in way over their heads, rather than cruel and malicious.
One of those interviewed, Lynndie England, who appeared in many of the publicized images and thus received much of the condemnation for the affair, is painted in a different light here. She reveals how she was coerced into taking and posing in photos by Specialist Charles Graner, who at that time she was infatuated with.
Sabrina Harman, who in one picture is shown, smiling with thumbs up over a dead Iraqi body, is also featured. Along with being interviewed, letters she wrote home to her wife are also dramatically depicted. These letters are used to back-up her claims that she took the photographs as a means of exposing those involved in the mistreatment.
Along with the photographs and interviews, Morris also features striking reconstructions and a dramatic score, penned by Danny Elfman. For the most part these features help the audience to appreciate what a hugely unsettling place Abu Ghraib was to be in. However, at times this drama is overplayed. The slow motion reconstructing of certain events begins to make you feel like the drama is being forced upon you. Elfman’s score which plays through much of the film also begins to irritate and reinforces the sense of constructed tension. The material featured in this documentary is more than powerful enough to stand alone without these added effects.
The angle of the movie is clear, especially when it is revealed that no one higher in rank than staff sergeant has been convicted for their role in the scandal. He aims to show that those who received all the media attention because of their presence in the photos have been made scapegoats, covering up for the large scale negligence and highly questionable methods of those controlling U.S. policy in Iraq.
Morris does an excellent job as interviewer in getting these people to talk openly and reveal the shocking truths of what went on in Abu Ghraib. That said, one is left with the feeling that those interviewed, England in particular, fail to accept responsibility for their role in the events.
Despite some notable flaws, Standard Operating Procedure is a valuable contribution to exposing the ills in this country’s armed forces. A film I would advise everyone to take a look at.

JOUR 61: Magazine Project - Broadcast segment

Click here to listen to the podcast.

STANDARD OPERATING PROCEDURE, THE LATEST FILM BY RENOWNED DOCUMENTARIAN ERROL MORRIS, ATTEMPTS TO UNCOVER THE STORY BEHIND THE SCANDAL OF ABUSE AND TORTURE BY U.S. SOLDIERS AT IRAQ’S ABU GHRAIB PRISON.

IN THE INTERVIEWS CONDUCTED WITH MANY OF THOSE WHO FEATURED IN THE PHOTOS DEPICTING THE ABUSES, MORRIS GETS THEM TO REVEAL THE HORRIBLE REALITIES OF WHAT WENT ON IN ABU GHRAIB. THOSE INTERVIEWED, HOWEVER, ARE LARGELY SHOWN TO BE YOUNG AND NAÏVE, RATHER THAN CRUEL AND MALICIOUS.

THE MOVIE INSTEAD POINTS THE FINGER FOR THE SCANDAL AT THOSE IN COMMAND OF THESE SOLDIERS, FOR ALLOWING THEIR IMMORAL ACTIONS TO BECOME WIDESPREAD WITHIN THE PRISON.

ONE CANNOT HELP BUT FEEL THAT THOSE WHO APPEAR IN THIS MOVIE GET OFF TOO LIGHLTY, FAILING TO TAKE RESPONSIBILTY FOR THEIR OWN ACTIONS.

THAT SAID, STANDARD OPERATING PROCEDURE DOES A VERY CREDIBLE JOB OF EXPOSING THE ILLS WITHIN THE U.S. MILITARY.

HOWEVER, IT IS TARNISHED BY ITS OVERLY THEATRICAL RECONSTRUCTIONS AND SCORE, WHICH MAKES THE DRAMA SEEM RATHER FORCED UPON YOU AT TIMES.

DESPITE THESE DRAWBACKS THE FILM IS ONE I WOULD STILL RECOMMEND SEEING. I GIVE IT A B MINUS.

MCOM 63: Weekly Blog Post

Being British I am an avid follower of football (soccer). I recently came across a story about a lower division soccer team in England that is being run in a most unique way. Ebbsfleet United were taken over earlier this year by a web based fans group. The group, myfootballclub, requires each member to put forward $70 as a fee and with this they become a stakeholder in the club. The group currently has over 50,000 members across the globe. The venture started last year as a way of allowing fans to have a greater say in the running of a club. The members then voted on a team to takeover, bearing in mind the finances that were available to them.

The team does not have a manager, but instead a head coach, with members voting on team selection and the buying and selling of players. Members also act as scouts, recommending players they know for the club to purchase. This is one reason why they encourage international members. The web site is the hub of the football club and it is very interactive. There is a huge forum for members to give their views and also podcasts posted by members.


This is a very innovative experiment in running a sports team. It will be very interesting to see how this progresses; how large the membership base grows to and how successful the team becomes. A few days a go they won a trophy which bodes well for the future. If this venture works out, then with the Internet providing more and more opportunities for this kind of interaction, this form of sports team ownership could become more and more common.

MCOM 63: Reflective Writing Assignment -- Checking In

My multimedia project is now nearing completion. I have learned a lot more about dreamweaver. In particular, I have been discovering how html code works, which templates are the best to use and how o edit these templates to fit my needs. It is quite an exhausting process creating so many different web pages for each link that I have on my main page. One problem I have encountered is changing the background of the pages. I would like to have my own background, but it appears that doing so and editing all the code will be more trouble than it is worth at this stage. However, I am also enjoying the process and am pleased at what I am accomplishing. It is very rewarding to know that I am now capable of creating my own web page and it is a skill I will like to utilize and develop in the future. I would also like to further develop this site for the Clef Hangers group and hope that it is something that they can use officially and I can pass it on to them at some stage.

What I am doing now is sorting out the hundreds of photos that I have and deciding how many and which ones I will put on the site. Also, how to organize them on the site. Another part I am still working on is putting the audio I have on my page. I have an audio recording of the group and I hope to be able to use this. I am optimistic that this will be accomplished and I will have the web page that I envisioned at the start of the project.

JOUR 61: Topical Post 4

The astonishing crimes of Josef Fritzel have resulted in an incredible feeling of disbelief in Austria and around the world. Now as the dust is settling, the question needs to turn to how could something so horrific be allowed to happen? How was a man able to imprison his daughter in a cellar for 24 years, raping her and fathering her seven children? In answering this question, the state of the community where this crime took place must be given the same attention as the competence of the authorities.

Any criticisms of the break down in the community of the small Austrian town of Amstetten, can very easily be applied to any number of communities in this country. We’ve all heard stories from our elders of how, back in their day they would never lock their door, such was the comfort they felt living in their neighborhood. Sure, there may be a degree of nostalgia in this, but the wider point concerning community values over the past few decades is very apt. How much do you know about your neighbors? If you’re anything like me then the answer is not a lot. We are so consumed by our work and our own lives that we don’t spend the time taking part in the communities that we are all a part of. So, should you really be surprised if – like the citizens of Amstetten – you wake up one day to find your quiet street has become the scene of a police and media scrum investigating a similarly horrific crime?