Monday, January 27, 2020
Freedom of Expression and Right to be Forgotten
Freedom of Expression and Right to be Forgotten How best can the tension between freedom of expression and the right to be forgotten be resolved? Thesis statement The right to be forgotten is one of the important human rights to protect individuals privacy. It has been assumed that the right to be forgotten (RTBF) breaches the freedom of expression and that it justifies censorship. However, the tension between the RTBF and freedom of expression could be resolved by raising individuals awareness and understanding of this right and its role in promoting individuals personal information and their freedom on the Internet. Justification This paper considers how the tension between freedom of speech and the RTBF can be effectively resolved due to the growing international concern recognised as pertaining to the increasing conflict between informational privacy and the protection of online communication in the European Union (EU) due to the European Court of Justices (ECJs) decision in Case C-131/12 Google Spain SL, Google Inc. v. Agencia Espaà ±ola de Proteccià ³n de Datos, Mario Costeja Gonzà ¡lez [2014] All ER (EC) 717. This is because the achievement of informational privacy is meant to be weighed against the recognition of freedom of expression as a right for individuals to have been identified under the EU Charter of Fundamental Rights 2000 along with the European Convention on Human Rights 1950. Therefore, the key question to be resolved in this instance through the completion of this paper is: what can be done with a view to properly balancing the achievement of informational privacy with the recognition of the freedom of expression in the EU moving forward as a result of the ECJs decision in Costeja Case? Literature Review When it comes to considering the literature to have arisen in this area, there has long been a significant amount of controversy regarding the practicality involved recognising a right to be forgotten as a human right internationally regarding access to information in view of current rulings vagueness for the purpose of looking to implement this kind of right (McNealy, 2012). The reason for this is that there has been some significant uneasiness about the effect of the recognition of the right to be forgotten upon freedom of expression as a right (Craig and de Bà ºrca, 2015). In addition, the same is also arguably true of the way in which the right to be interacts with the right to privacy. In order to discuss this problem, the RTBF must be defined. McNealy (2012) and Koops (2012) are agreed that the RTBF means the right to have information deleted after a certain time, the right to have a clean slate, and the right to be connected only to present information. Based on this definition, the RTBF is an optional right that individuals could benefit from it to delete their personal information. However, from data protection and internet quality perspective, it has been claimed if the RTBF would serve to reduce the internets quality effectively through a combination of censorship and the rewriting of history to suit individuals (McNealy, 2012). A supporting view of what has been mentioned, Gattuso (2015) believed that although the RTBF is seems to be a way of protecting individuals privacy, it is a new phase of censorship upon internet world and it has been established only to justify the censorship. Moreover, linked to McNealy point of view, Lee (2015), argued that one of the main reasons for the clash between freedom of expression and the RTBF is based on individuals right to ask search engines to delete specific information which will lead to reduce search controllers data. In other words, it could be said that there is a wide held assumptio n assume that the RTBF is been recognized not to protect privacy but to breach the freedom of expression and to control web pages and limit it access. However, it has been argued that there is a need to consider the right to be forgotten in this regard is in view of the fact that the reality is that there are few other protections that have been made available against the harm that, for example, the sharing of revenge porn can do in practice to individuals reputations in public (McNealy, 2012). In other words, it could be argued that the RTBF is one way of protecting individuals privet life, and, as an optional right, it might play a significant role in terms of reduce the negative impacts of technology by helping people, who found their personal information exposed, to live without being stigmatized (Wright,2015). Which means that the main aim pf this right is to encourage individuals to live within their societies without the harmful effect of the new Yellow Press on their personal life (Hughes and Richards, 2015). In regards to freedom of expression, both freedom of expression and the privacy are fundamental human rights, and none of these rights suppresses the other. However, it has been assumed that although there are numerous benefits associated with the ECJs decision with a view to safeguarding individuals interests regarding both their personal information and their image publicly, there are also several important detriments to be accounted for (Franztziou, 2014). For example, it has been claimed that the decision of the ECJ in Mario Costejas case will contribute to minimizethe exercise of freedom of expression as one of the most important fundamental human right. Moreover, ECJ decision could be utilised to then suit individuals personal interests regarding freedom of informations recognition along with what is deemed in the public interest where the decision of the Court is applied strictly in this area of concern moving forward and it will reduce the full expression right (Franztziou, 2 014). Therefore, Rushdie (2015) stressed that the freedom of expression must be absolute and protected, otherwise, it will lose its sacredness. However, ECJs decision in Case of Mario Costeja has proved particularly important regarding the internets operation along with online governances future in line with the tension between freedom of expression and the RTBF (Harvard Law Review, 2014). The court clearly stated specific conditions to allow individuals to ask search engines to delete their personal information, the information must be inadequate, irrelevant or no longer relevant which aim to reduce the exploitation of the RTBF (the ECJs). To conclude, when it comes to balancing the achievement of informational privacy with the recognition of the freedom of expression in the EU moving forward as a result of the ECJs decision in the Costeja Case, it is arguable the ECJs balancing approach to have been taken in this case could be considered to be little more than an incremental move (Lytras, 2015). Moreover, it could be state that the RTBF is not an absolute right, this is because it is also to be noted that there have also been certain limitations with regard to the application of the right to be forgotten in a jurisdiction, including the lack of ability to be able to require the removal of information that is held by companies beyond the remit of the EU (Horspool and Humphreys, 2016). The reason for this is that there is a need to understand that there is not currently a universal framework in place so as to permit individuals to then exert control over the way in which their image is presented publicly online(ibid). O n the other words, although the privacy right is an important human right, the RTBF is not an idol right which seeks to suppression other fundamental human right, in particular, freedom of expression. (Factsheet on the Right to be forgotten ruling, 2014). Based on what has been presented it could notice that there is no direct relation between the RTBF and freedom of expression (Steinbart et al, 2015). Moreover, it could be argued that both rights are important and been balanced, and the tension between two rights could be solved by rising individuals awareness and search companies that both rights are complementary, not opposite. List of references Bert-Jaap Koops, Forgetting footprints, shunning shadows: A critical analysis of the right Case C-131/12 Google Spain SL, Google Inc. v. Agencia Espaà ±ola de Proteccià ³n de Datos, Mario Costeja Gonzà ¡lez [2014] All ER (EC) 717 Craig, P. and de Bà ºrca, G. (2015) EU Law: Text, Cases and Materials. 6th Edition, Oxford University Press. European Commission (2014) Factsheet on the Right to be forgotten ruling [online] available from >http://ec.europa.eu/justice/data-protection/files/factsheets/factsheet_data_protection_en.pdf< [20 February 2017]. European Convention on Human Rights 1950 European Union Charter of Fundamental Rights 2000 European Union Data Protection Directive 95/46/EC Franztziou, E. (2014) Further Developments in the Right to be Forgotten: The European Court of Justices Judgment in Case C-131/12, Google Spain, SL, Google Inc v Agencia Espanola de Proteccion de Datos Human Rights Law Review, 14(4), 761. Gattuso, J.L. (2015) Europes latest export: Internet censorship [online] available from [20 February 2017] Harvard Law Review. (2014) Case Comment: Google Spain SL, Google Inc. v. Agencia Espaà ±ola de Proteccià ³n de Datos Harvard Law Review, 128, 735. Horspool, M. and Humphreys, M (2016) European Union Law. Oxford: 9th Edition, Oxford University Press. Lee, E. (2015) The right to be forgotten v. Free speech [online] available from: [20 February 2017]. Lytras, C. (2015) Right to be Forgotten: Europes cutting edge weapon to fight Google? European Public Law: EU eJournal, 12(106). McNealy, J. (2012) The Emerging Conflict Between Newsworthiness and the Right to be Forgotten, North Kentucky Law Review, 39(2), 119. Richards, Neil M. and Hughes, Kirsty, The Atlantic Divide on Privacy and Speech (2015). Andrew T Kenyon (ed), Comparative Defamation and Privacy Law (Cambridge Press 2015) Available at SSRN: https://ssrn.com/abstract=2648307. Salman Rushdie, Salman Rushdie on Charlie Hebdo: Freedom of speech must be absolute (Mashable, 15 Jan 2015) [20 February 2017] Steinbart, P.J., Truog, D., Keith, M.J. and Babb, J. (2015) The right to be forgotten: Exploring consumer privacy attitudes about the final stage of the information life cycle. to be forgotten in big data practice, 8 SCRIPTED 229, 236 (2012).
Sunday, January 19, 2020
Invisible Man by Ralph Ellison
Invisible Man by Ralph Ellison was written on the heels of the World War II. It was a rebuilding time, a time of new birth for our nation. Ellison, an enlisted soldier came out of the war with haunting imagery that he crafted on the page. He exited the war filled with suffering and depression. He found isolation as a means of transitioning back into society. Invisible Man is a story of characters that chose to hide out from society, living underground. I will argue why Ellisonââ¬â¢s satirical approach tapped into segregation issues and was a powerful and influential means of reaching an audience that can relate to its theme on many different levels. Death is an overwhelming subplot within the theme of Ellisonââ¬â¢s masterwork. He chose a satirical approach to lighten the weight of death. Yet, at the same time, the powerful impact that death has on individuals is viewed with clarity due to his poetic, colorful, and humorous means of reaching his audience. He opens the story with satire while probing into the inner meanings of oneââ¬â¢s path in life. This, in effect, lays the groundwork for our protagonist, the narrator. Ellison penned, I was looking for myself and asking everyone except myself questions which I, and only I, could answer. (p. 15). this quote lets us in on the narratorââ¬â¢s persona. It begins. Our protagonistââ¬âand narratorââ¬âis a young boy who overhears his grandfatherââ¬â¢s last dying words. These words remain deeply wedged within him, through high school and college. Issues beyond death play important roles in this novel as well. Ellison digs deep and moves across thin ice, so-to-speak, when he brings in issues such as incest, stereotyping and exploitation of women to the table; thus, without satirical softening through dialogue and deepââ¬âeven poeticââ¬âstory telling, readers might question his motive if he didnââ¬â¢t take the stance of satire. The article The Music of Invisibility from City of Words offers a very telling analysis that helps in the argumentative stance I have taken in Ellisonââ¬â¢s work, Invisible Man. Just as the narrator is about to be sent away from college for his behaviors at the bar and brothel, he senses that he is losing his own identity, the only one heââ¬â¢s ever known. This identity was forged in his childhood. The letters from Dr. Bledsoe had the initial intent of guiding him to find a job that will, in turn, lead him into the bowels of his higher educational pursuits. They, instead, backfire. The letters hinder his progress, as it is Bledsoeââ¬â¢s secret scheme to keep him as far away from higher educational pursuits as possible. We see the issue of death surface over and over in the story. Early on, our narrator is led into a bar filled with mental patients from a nearby veteranââ¬â¢s hospital. Ellison displays an elderly man, near death, who is pushed around in the bar by our ââ¬Ëmentalââ¬â¢ patrons. They treat our narrator and the old man like a toy, feigning any morale fiber whatsoever. A barroom brawl ensues with your stereotypical beer-bottle-throwing scene. Then, to satirize the situation further, our narrator leads the unconscious old man into an upper flat to get away from the warring men down in the bar. The upper room is filled with prostitutes who miss the gravity of this dying manââ¬â¢s situation. One prostitute says, ââ¬Å"I sho do. I just love ââ¬Ëem. Now this one, old as he is, he could put his shoes under my bed any night. â⬠(p. 88) Also, itââ¬â¢s no coincidence that the bar and brothel are on the other side of the railroad tracks. This represented an underground segment of society gone wild, yet another segregated piece of society growing in two directions: the pleasure seekers and, at the other end of the spectrum, we have the good-natured cynic. So, depending on what side of the track a person walks, their political stance will vary. As our narrator returns to his college campus, he exits from the ââ¬Å"apparentâ⬠lower crust of society that dwells in saloons and goes window-shopping through brothels and enters his collegiate setting. Here, however, we see segregation in the lime light: his bubbly roommate enters with a hopeful girlfriend. The narrator states that sheââ¬â¢ll probably become impregnated. This rude remark that he hoped will get a negative reaction actually wins him praiseââ¬âdenouncing this segment of society that claims higher status due to their educational pursuits. We see how the symbol of fertility for college students is viewed in stark contrast to the middle-class expectations many of the students were raised in. Our narrator is confronted by campus officials for going to the bar and brothel in the first place and even called ââ¬Å"nigger,â⬠which inflames our narratorââ¬âand rightly so. This hits the mark of segregation that Ellison was reaching for. He does it with biting clarity. They even threaten to expel our narrator and, the reverse-discrimination attempts by our narrator are of no use in this situationââ¬âat least in so far as the ruling official is concerned. Ellison wrote, ââ¬Å"He said that I believed white was right,â⬠I said. ââ¬Å"What? â⬠Suddenly his face twitched and cracked like the surface of dark water. (p. 140) The intensity of this argumentative scene is strengthened further by Ellisonââ¬â¢s use of satire within a deeply scarred scene where segregation is toyed with. The official even goes on to yell at our narrator by asking if the man in question was ââ¬Å"northern or southern. â⬠This geographic tip is almost a slap in the face and could only b softened, again, with Ellisonââ¬â¢s satire-like plotting and character development. Then, our narrator is staged into a scene of isolation by Ellison. It is in this very state of isolation that the narrator begins to gain confidence. He wants to represent his school with pride. He goes to Harlem. Aboard a subway, our narrator is pushed into a white woman. She gives little, if any notice, of him. Even her lack of concern over the narratorââ¬â¢s close proximity adds mysterious intensity to the scene as centuries of racial tension are nearly impossible to ignore. He, then, meets up with a huge contingent of blackââ¬â¢s from Harlem. A riot is brewing; yet, the police lead him to the Menââ¬â¢s House. Eventually, our narratorââ¬â¢s agitation surrounding all this racial tension and segregation issues gets to him. As the scene unfold Ralph Ellison weaves sarcastic wit into the story by mixing rage into his thoughts with memories of our narratorââ¬â¢s childhood. A vendor is seen buttering a yam which swells him with nostalgia. He is beyond feeling homesick as he is drown in rage. He becomes vengeful over his own past. He attacks Bledsoe and is laughing at the same time. The yam becomes a form of life insurance, or a life policy. Why should he feel embarrassment of his youth? Instead, he chooses to eat them whenever he wants, and heââ¬â¢ll be more than pleased. Ellison describes this satire in the following, ââ¬Å"These here is real, sweet, yaller yams. How many? ââ¬Å"One,â⬠I said. ââ¬Å"If theyââ¬â¢re that good, one should be enough. â⬠(p. 263) Ellison creates more satireââ¬âagain with death. Here, the satire is the necessary writerly element that creates impact without losing the reader. I cut through a block in which there were a dozen funeral parlors, each decked out with neon signs, all set up in old brownstone buildings (p. 286). This satirical segment of the novel creates the humor necessary to softens the blow regarding respecting the dead and families in mourning. Rinehart is another key player in the storyline that is heavily tainted in satirical prose. Rinehart is a very suspicious and distrustful member of the Harlem community who holds his share of power. Rinehart is also a manipulator. The narrator never meets up with Rinehart. He wears dark green shades an a big hat for a disguiseââ¬âanother agent of mockery crafted by Ellison that make fun of how society tries to hide from one another, yet they are always obvious to someone in the crowd of life; for the people walking the streets recognize him. According to the narrator, Rinehart has taken on many roles: zoot suit wearer, Reverend, and player. He uses his reverend stature to manipulate others to believe in him and follow his requests. Rinehart is the poster-child manipulator of his culture. As the novel nears its end, our narrator makes a leap of faith, so to speak. He is tossed back into his own past and life experiences. Now he envisions his past as a unified whole. He believes in his Brotherhood experiences; for they have shown how blinded he was in his youth. He sees all the liars and hypocrites in society. He discovers that he can make them feel happy when he preaches what they want to hear. This is yet another satirical slant taken by Ellison that wraps up his characterization and thematic nature. In closing, it is clear that the impact of Ellisonââ¬â¢s Invisible Man was so persuasive due to his knack for mixing satire into his storyline. With all the issues that he brought to lightââ¬â segregation, racism, and gender inequalityââ¬âsatire was the lightening element that helped keep the story moving as our narrator discovered himself, first in isolation and finally as a member of this society filled with hypocrites and those yearning for equality.
Saturday, January 11, 2020
Discuss the whether you believe that the reading on the passive-aggression organization has implications in the UAE
Yes! I should say that passive-aggression organization has implication in the UAE because as Gary Neilson, Bruce Pasternack, and Karen Van Nuys pointed out, no company that has never suffered such syndrome. The passive-aggression organization syndrome is a general situation that has been experienced by business organizations not only in many parts of America, but also in Europe.As Neilson, Pasternack, and Van Nuys stated, problems develop gradually as company grows through a series of ââ¬Å"well-intended but badly implemented organizational changesâ⬠¦,â⬠I believe that passive-aggression organization has implication in the UAE because controlling and delegating authority by those at the top often creates problems and complexities that can result to this problem. The survey that was conducted by Booz Allen Hamilton reveals that one in five of about 30,000 respondents to a global online survey admitted they suffered this syndrome.In my view, it is reasonable to say that passi ve-aggression has implications in the UAE. Provide a workplace example from your own experience where you have observed attribution theory occurring. Attribution theory occurs perhaps in every work place where there are both a sound leadership and performance failures. In the banking sector where performance required among employees were customer relations and number skills, occurrence of attribution theory is often seen in this context. Poor performance outcomes are blamed on someoneââ¬â¢s customer relationââ¬â¢s skills.Bank employees are paid not only to cater to the need of the clientele; they are also paid to show customer care which mat require skills. Employees often attribute their failures to their lack of skills in customer relations skills. Discuss what you believe is the most important factor to be managed when implementing a change program in the workplace. I believed that the most important factor to be managed when implementing change program in the work place is the change process itself as this could be easily misunderstood by the employees.There are some aspect that needs to be considering when implanting this change such as the behavior of the individual in the organizational settings and the consequences of this change in the employee performance. In the organizational setting, Vecchio stressed that organizational culture provides influences among the employees that could motivate them to bring out their best. Thus, when implementing a change program in the work place, it is important to consider how the change process will have impact on the organizational setting.
Friday, January 3, 2020
The Most Famous Series Of Witch Trials - Free Essay Example
Sample details Pages: 3 Words: 780 Downloads: 9 Date added: 2019/05/28 Category History Essay Level High school Tags: Salem Witch Trials Essay Did you like this example? The Salem Witch trials were a series of immoral injustices among a small village known as Salem. In the trials, a few young girls convinced the entire population of the village that witches lived among them and, in turn, doomed dozens into a position of death or imprisonment with no evidence of their claims. They achieved this through a process known as spectral evidence in which they appeared to be possessed in the courtroom while the trial was taking place. Donââ¬â¢t waste time! Our writers will create an original "The Most Famous Series Of Witch Trials" essay for you Create order This appeared to be clear evidence to the citizens that the defendant on trial was in fact guilty and thus would be convicted of their crime despite having little to no other evidence to base their claim on. This strange story prompted many historians to research the true intentions behind the young girls and what made them commit these unjust accusations. While many theories have been constructed around the Salem Witch Trials, the one that seems to be supported with the most evidence is that the townspeople, including the young girls, were being affected by some illness that caused them to think unclearly and led to the mass hysteria. Two possible candidates for this illness that changed the course of this small village forever include, as is stated in Kekla Magoonrs The Salem Witch Trials1, encephalitis lethargica( a disease causing headaches, double vision, delayed physical response, pains, tremors, and neck rigidity) and convulsive ergotism (a food poisoning that causes hallucination along with many other symptoms the girls were exhibiting). Convulsive ergotism is also supported by the fact that it occurs when molded rye bread is consumed. The villagers did in fact eat and make rye bread, creating a link between them and the possible illness. This illness would also explain why the girls seemed to shriek and twitch and show other strange symptoms.2.They were most likely under the influence of this hallucinogenic illness that the townspeople were not aware of and thus could not diagnose. This theory of illness would also explain the strange story regarding a woman named Tituba. Tituba was a Native American slave living in Salem. She often invited the young girls into her home and showed them her witchcraft. She played a large part in beginning the witch trials as she was accused and admitted to performing witchcraft. She also stated that many others in the village were working for Satan, and that outside the village many were performing acts for Satan and were infiltrating the church3. While this could be mad rambling from a slave that had nothing to lose, it is likely that she, along with the young girls she showed her magical abilities to, were being affected by ergot or encephalitis lethargica. This would explain why the girls believed she was performing magic and why Tituba herself had this idea of Satanic followers taking over the Puritan church. This, in turn, caused the village to go into a state of chaos, which was only worsened by the same illness that had a ffected Tituba and the girls. The mass hysteria portrayed by the Salem village residents is largely the reason why this story has been remembered so many years after its occurrence. Men and women of all ages were frightened by the insight Tituba provided and took any action possible to eliminate it from their settlement. This often resulted in imprisonment or even death. The Salem Witch Trialsdragged at least 162 peoplebefore the law, tried 52, condemned 30, and put 20 to death.4 This level of superstition and hysteria is unprecedented for such a small, seemingly peaceful village. The reason these people may have been so on edge is because of this mind altering illness. It is likely they were unable to think rationally as they were being affected by this, and thus were thrown into a state of chaos. After the trials ended, many villagers, including one of the accusers Ann Putnam Jr., admitted what they had done was wrong and they showed clear regret for their actions.5 This could be a product of them getting over this epidemic illness and being able to think clearly once again. The Salem Witch Trials are the most famous series of witch trials throughout all of history due to the level at which the villagers exhibited mass hysteria and superstition. However, this might not simply be a product of ignorance, but of an illness that swept through the entire village during this time period. This could be either encephalitis lethargica or convulsive ergotism or even a combination of the two. Regardless, these witch trials were likely being affected by a mind altering illness that led to one of the most horrific judicial trials throughout all of history.
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