Capabilities and Effects of Background Music Essay Example for Free

Capabilities and Effects of Background Music Essay Abstract Nonverbal communication speaks louder than verbal communication; therefore, nonverbal communication, such as background music, needs to be sensibly evaluated. As a form of nonverbal communication, background music is capable of influencing a target audience. In advertising, emotions can be shifted depending on the music being played in the background and the same feelings are then transferred to the product, providing a tremendous advantage in business (Dillman Carpentier, 2010). Music can change one’s mood; in the workplace, an improved mood allows employees to be more content and, overall, more productive. In addition, with the right musical selection, the music is able to increase the amount of information an individual is able to retain (Balch Lewis, 1996). Various aspects from several studies have been examined, demonstrating the power of background music and music in general. The Capabilities and Effects of Background Music Nonverbal communication may be unintentional and speakers may not be aware of their behaviors or it may be just the opposite (Troester Mester, 2007). However, background music is often carefully selected in order to aid in the desired goal, particularly in advertising (Dillman Carpentier, 2010; Kellaris, Cox, Cox, 1993). The goals of every businessperson may not be the same; yet, the capabilities and effects of music are rather consistent (Dillman Carpentier, 2010). Whether via television, radio, or in person, music is able to affect the moods of those in the audience (Knobloch, 2003). Music also has the ability to improve the performance of the task at hand of an individual (Fassbender, Richards, Bilgin, Thompson, Heiden, 2012). According to Balch and Lewis (1996), an increase in memory is also induced by music. In any aspect of business, the effects of music can be utilized and even increase efficiency and productivity. Mood Alteration One’s mood determines the way one thinks and acts and what is said (Knobloch, 2003; Hunter, Schellenberg, Schimmack, 2010). According to Hunter et al., â€Å"music is the language of emotions† (p. 47). The perception of music determines the emotion felt. The perception of happiness is more often transferred to feeling happy than the perception of sadness and feeling sad (Hunter, Schellenberg, Schimmack, 2010). Davies (2011) refers to the emotions of music as being contagious. When one is around people who are depressed, that person’s mood adjusts closer to those who are in the depressed state. Similarly, although a person may not actually be sad, a sad part in a movie can make that person feel sad; the same applies to music. Hearing music that sounds happy can make one feel happy and to the contrary. Davies models this as a cause and effect relationship. The music being heard is the cause and the effect is one’s reaction to the music. Whether the reaction is happy or sad is dependent upon the perception of the music to the listener. Sounds that reflect happiness include little amplitude variation, a vast pitch variety, and fast tempo (Hatfield, Cacioppo, Rapson, 1993). Therefore, when one hears these sounds of happy music, emotional contagion is invoked on the subject and causes that person to feel happy. In advertisements, music is selected as an enhancement but also to affect mood. It is a company’s goal to influence potential buyers by creating a positive attitude and feeling towards that company’s product. With a positive image in mind of a particular product, there is a greater likelihood that the consumer will purchase the product (Dillman Carpentier, 2010). An average of more than 9.5 hours of media is taken in by the average American on a daily basis; of those hours, 38% is dedicated to music – all of which affects mood in some way (Knobloch, 2003). In addition, according to Dillman Carpentier, 90% of commercials include music of some sort (2010). The preceding statistics show the value of music to consumers and therefore, reflect the importance music-induced moods have in marketing. Enhanced Performance Not only is music able to affect one’s mood but it is also capable of increasing the performance of an individual (North Hargreaves, 1999). According to Rauscher, Shaw, and Ky, the IQ scores of the participants of their study were highest when the participants were under the influence of music (1993). In the other two trials, the participants went through a relaxation process and sat in silence for 10 minutes; the scores were 2.95 and 3.56 points respectively lower (Rauscher, Shaw, Ky, 1993). Some teachers have started using music to increase the focus and efficiency of students. Relaxing music is played to keep the students’ minds from wandering and, instead, concentrated on the lesson. The relaxing music causes one’s brainwave frequencies to alter, entering the alpha state. The alpha state has been found to be the state where the best connection to one’s subconscious is made (Fassbender, Richards, Bilgin, Thompson, Heiden, 2012). Koenen’s and Restak’s (as cited in Fassbender et al., 2012) findings have both supported that music inhibits thought. Restak’s claim is based on a study conducted with surgeons as the participants. Due to differing parts of the brain being used for music and for physical tasks, the music doesn’t inhibit the task but keeps the other part of the brain occupied and, therefore, from becoming distracted (Fassbender et al., 2012). In another study, surgeons were asked to count backwards by various numbers under three different conditions and were monitored throughout their tasks. The different conditions were no music, music of personal preference, and experimenter-selected music. Each surgeon was individually tested and each surgeon’s blood pressure, pulse, timing, and accuracy were recorded. The results showed a significant difference among the three conditions and the areas being monitored. The surgeons’ blood pressures and pulses were at much higher levels when performing the tasks without music. The results of the tasks with the presence of music showed lower blood pressures and pulses but an increase in the speeds and accuracies of the surgeons. Of the two music conditions, the overall results of the surgeons were better when listening to music of their choice rather than the experimenter-selected music. The participants of the study are of a profession that undergoes much stress in the operating room; by listening to music of their choice, the effects of stress decrease and the quality of performances increase (Allen Blascovich, 1994). The studies of Dr. Adrian C. North provide several benefits of music for employers and employees. As previously mentioned, music can affect one’s mood. In the workplace, putting the employees in a better mood will increase their productivity by improving how well they interact with their fellow employees. It has been proven that one’s mood and helpfulness are directly related (North Hargreaves, 1999). Music has also been found to raise the employee morale, leading to a decrease in the number of absences (Furnham Bradley, 1997; North Hargreaves, 1999). The output per employee can also be increased in a work field involving repetitiveness. According to Johnson (2004), participants of his study (whose work was repetitive) matched the tempo of the music being played while working. Therefore, with the addition of music – causing a better mood, cooperation, and increased pace – the overall productivity and efficiency of the workforce can increase and, in turn, boost the company revenue. Music is a friend of labour for it lightens the task by refreshing the nerves and spirit of the worker – William Green ( quoted in Furnham Bradley, 1997) Increased Memory Although music and its relationship to human memory are still being researched, scientists do know that music affects several parts of the brain (Weir Nevins, 2010). Cognitive neuroscientist, Petr Janata, says, â€Å" It [music] calls back memories of a particular person or place, and you might all of a sudden see that person’s face in your mind’s eye† (Weir Nevins, 2010, p. 12). According to John Sweller, one must relate what is being learned to something that is already known (2003). Studies have proven the word-for-word is much higher when heard with music than when heard without music (Wallace, 1994). Wallace also suggests the musical accompaniment is used as a retrieval device or as an aid in the way the words are stored. The belief is that the music accents the words being spoken by acting as a cue when determining the number of syllables in a word and words in a verse (Wallace, 1994). It has also been shown that some memories are solely dependent on music being the trigger to recall them (Balch Lewis, 1996). In marketing and advertising, music plays a significant role on one’s memory. Most can probably identify the brand image, along with the melody, by simply reading, â€Å"five, five-dollar foot long† (Weir Nevins, 2010) due to the capability of music that allows one to recall melody and image from the text read (and the contrary) (Wallace, 1994). Pertaining to memory, music can also serve as an aid in health services (Simmons-Stern, Budson, Ally, 2010). According to a study by Simmons-Stern et al., patients with Alzheimer’s disease were able to recall more of the information they were given when it was sung rather than spoken. It is thought to be possible that these findings may aid in discovering a treatment for Alzheimer’s disease patients (Simmons-Stern et al., 2010). Conclusion There is no doubt music plays a role in everyone’s life in some way. The effects of music are nearly unavoidable due to the fact that music is incorporated into such a variety of activities and places and can cause differentiating feelings and results. Sad music can spread sadness (through emotional contagion) and infect the listener with that sadness, causing the listener’s mood to worsen. On the contrary, music is also able to make one feel happy (Davies, 2011). In the workplace, music is able to improve the mood of employees, motivate employees, and quicken the pace of the work being done (Furnham Bradley, 1997). By playing upbeat music where the work to be done is monotonous, the workers are less irritated and fall in rhythm with the beat of the music. A workforce that has a higher rate of productivity can ultimately benefit the company by increasing the profits (North Hargreaves, 1999). Music also accentuates words and increases the memorabilia of those words; this can be quite beneficial in advertisements (Weir Nevins, 2010). Another benefit music offers, with regards to memory, is as a possible treatment for patients with Alzheimer’s disease (Simmons-Stern, Budson, Ally, 2010). Regardless of being a form of nonverbal communication or where it may appear, music strongly affects human beings with its ample array of capabilities. References Allen, K. P., Blascovich, J. P. (1994). Effects of Music on Cardiovascular Reactivity Among Surgeons. Journal of The American Medical Association, 272(11), 882-884. Balch, W. R., Lewis, B. S. (1996). Music-Dependent Memory: The Roles of Tempo Change and Mood Mediation. Journal of Experimental Psychology: Learning, Memory, and Cognition, 22(6), 1354-1363. Davies, S. (2011). Infectious Music: Music-Listener Emotional Contagion. In A. Coplan, P. Goldie, Empathy: Philosophical and Psychological Perspectives. New York: Oxford University Press. Dillman Carpentier, F. R. (2010). Innovating Radio News: Effects of Background Music Complexity on Processing and Enjoyment. Journal of Radio Audio Media, 17(1), 63-81. Douglas Olsen, G. (1995). Creating the Contrast: The Influence of Silence and Background Music on Recall and Attribute Importance. Journal of Advertising, 59(4), 29-44. Fassbender, E., Richards, D., Bilgin, A., Thompson, W. F., Heiden, W. (2012). The Effects of Music on Memory f or Facts Learned in a Virtual Environment. Computers and Education, 58(1), 490-500. Furnham, A., Bradley, A. (1997). Music While You Work: The Differential Distraction of Background Music on the Cognitive Test Performance of Introverts and Extraverts. Applied Cognitive Psychology, 11, 445-455. Hatfield, E., Cacioppo, J. T., Rapson, R. L. (1993). Emotional Contagion. Current Directions in Psychological Sciences, 2(3), 96-99. Hunter, P. G., Schellenberg, E. G., Schimmack, U. (2010). Feelings and Perceptions of Happiness and Sadness Induced by Music: Similarities, Differences, and Mixed Emotions. Psychology of Aesthetics, Creativity, and the Arts, 4(1), 47-56. Johnson, V. W. (2004). Effect of Musical Style on Spontaneous Exercise Performance. Journal of Cardiopulmonary Rehabilitation, 24, 357. Kellaris, J. J., Cox, A. D., Cox, D. (1993, October). The Effect of Background Music on Ad Processing: A Contingency Explanation. Journal of Marketing, 57, 114-125. Knobloch, S. (2003, June). Mood Adjustment via Mass Communication. Journal of Communication, 53(2), 233-250. North, A. C., Hargreaves, D. J. (1999). Music and Driving Game Performance. Scandinavian Journal of Psychology, 40, 285-292. North, A. C., Hargreaves, D. J. (1999). Musical Tempo, Productivity, and Morale. Unpublished Manuscript. Rauscher, F. H., Shaw, G. L., Ky, K. N. (1993). Music and Spatial Task Performance. Nature, 365, 611. Simmons-Stern, N. R., Budson, A. E., Ally, B. A. (2010). Music as a Memory Enhancer in Patients with Alzheimers Disease. Neuropsychologia, 48, 3164-3167. Sweller, J. (2003). Evolution of Human Cognitive Architecture. San Diego: Academic Press. Troester, R., Mester, C. (2007). Chapter 7: Nonverbal Civility. In Civility in Business Professional Communication (pp. 87-105). Peter Lang Publishing, Inc. Wallace, W. T. (1994). Memory for Music: Effect of Melody on Recall of Text. Jornal of Experimental Psychology: Learning, Memory, and Cognition, 20(6), 1471-1485. Weir, K., Nevins, D. (2010). Music and Your Mind. Current Health Kids, 34(1), p. 10.

Queen Elizabeth the First Essay -- essays research papers

Queen Elizabeth 1 The reign of Queen Elizabeth I is often referred to as "The Golden Age" of English history. Elizabeth was an immensely popular Queen, and her popularity has waned little with the passing of four hundred years. She is still one of the best-loved monarchs, and one of the most admired rulers of all time. She became a legend in her own lifetime, famed for her remarkable abilities and achievements. Yet, about Elizabeth the woman, we know very little. She is an enigma, and was an enigma to her own people. Elizabeth was the daughter of King Henry VIII and his second wife, Anne Boleyn. She was born on 7 September 1533 at Greenwich Palace. Her birth was possibly the greatest disappointment of her father's life. He had wanted a son and heir to succeed him as he already had a daughter, Mary, by his first wife, Katherine of Aragon. He had not divorced Katherine, and changed the religion of the country in the process, to have only another daughter. Elizabeth's early life was consequently troubled. Her mother failed to provide the King with a son and was executed on false charges of incest and adultery on 19 May 1536. Her marriage to the King was declared null and void, and Elizabeth, like her half-sister, Mary, was declared illegitimate and deprived of her place in the line of succession. The next eight years of her life saw a quick succession of stepmothers. There was Jane Seymour who died giving birth to the King's longed for son, Edward; Anne of Cleves who was divorced; Catherine Howard w ho was beheaded; and finally Catherine Parr. For generations, historians have debated whether the constant bride changing of her father was responsible for Elizabeth's apparent refusal to marry. It is certainly possible that the tragic fates of Anne Boleyn and Catherine Howard impressed upon her a certain fear of marriage, but there may have been other reasons for the Queen's single state, such as a fear of childbirth, which claimed the lives of a significant number of women in this period. Even if the Queen had no personal reservations about marriage, there were political problems with almost every contender for her hand. Religion was a major divisive issue, and there was also the problem of whether Elizabeth would have to relinquish any of her royal powers to a husband in an age when the political sphere was exclusively male. As a child, Elizabeth wa... ... claim the English throne for himself and not for her. In the summer of 1588 he sent his mighty fleet against England. But by superior tactics, ship design, and sheer good fortune, the English defeated them. Elizabeth's popularity reached its zenith. It was also another personal triumph as she had proved that she, a woman, could lead in war as well as any man. Elizabeth was dedicated to her country in a way few monarchs had been or have been since. Elizabeth had the mind of a political genius and nurtured her country through careful leadership and by choosing capable men to assist her, such as Sir William Cecil and Sir Francis Walsingham. Elizabeth was a determined woman, but she was not obstinate. She listened to the advice of those around her, and would change a policy if it were unpopular. In appearance she was extravagant, in behavior sometimes flippant and frivolous, but her approach to politics was serious, conservative, and cautious. When she ascended the throne in 1558, England was an impoverished country torn apart by religious squabbles. When she died at Richmond Palace on the 24th March 1603, England was one of the most powerful and prosperous countries in the world.

Does Herodotus believe in Cultural Relativism Essay

For its time and place, The Histories of Herodotus is a work of remarkably expansive scope. To set the stage for the wars between Greece and Persia ( 490-479 B. C. ), Herodotus describes the geographical and cultural background and reviews the political history of Lydia, Media, Babylon, Egypt, Persia, Scythia, Libya, Ionia, and various Greek city-states in Asia Minor, on the Aegean islands, and on the European mainland. To record the results of his â€Å"research† (historie, in Greek) with the greatest vigor and accuracy, Herodotus traveled to many of these places and gathered firsthand data from native informants. For this type of research, in the words of a modern commentator, Herodotus merits the title not only of the father of history; he is also the father of comparative anthropology. Among the various classes of information which Herodotus seems to have emphasized, thus suggesting a pattern for later descriptions, were marriage customs, religious rites, burial practices, and food habits. The description of these four categories of traits, or â€Å"social institutions,† were not necessarily executed in the round for every tribe that happened to stroll across the pages of the Histories; but they were mentioned often enough to indicate the direction taken by his curiosity, and the content of the questions he probably put to informants. Herodotus, the ancient Greek, was a cheerful, inquisitive, rationalistic extrovert who traveled over his world to discover the facts, who took delight in telling a good story but usually avoided the temptation to wander very far from sober common sense. His cultural relativism is well known and much discussed, but it is particularly noteworthy that Greeks and barbarians are placed on a equal footing at the outset. Distinctions between Greek and non-Greek break down as the work progresses: the first barbarian for whom we get any detailed information is the Hellenized Lydian king, Croesus; the divisions of lands customary among the Greeks that separate Greek and non-Greek peoples are purely arbitrary; we learn of the Phoenician descent of Sparta’s kings; and Herodotus states that the descendants of Perseus came to be counted as Greeks. The key dichotomy is not the Hellenic-barbarian bipolarity, but rather the opposition of the ordered society based on law and the arbitrary rule of the despot. But political and social institutions are fragile structures, and Herodotus gives no guarantee that the Greek superiority at the time of the Persian Wars, which was based upon those institutions, will last. In fact his work closes on an ominous note that appears to warn imperial Athens that it is in danger of becoming, if it has not already become, the barbarian. We are presented with the gruesome picture of the crucifixion of the Persian satrap Artayctes at the command of the Athenian commander Xanthippus, father of Pericles, and a piece of wisdom from the Persian founding father, Cyrus, on the dangers of success and affluence. And it is well to remember that Herodotus wrote long after the Persian threat had passed, when Athenian imperial power was at its apogee. Herodotos’ interest in reciprocity is symptomatic of contemporary philosophy, not least in Ionia. Moreover, Herodotos’ very project, his attempt to explain and explore the Persian Wars, can be considered as a study of reciprocity in cross-cultural interaction, not least because those wars were for Herodotos a stage in a reciprocal, cross-cultural process, as he asserts in the proem. Indeed, war itself may be seen as an exchange, a reciprocal undertaking: the tactics of the Skythian Idanthyrsos allow him to wage war while explicitly rejecting the relationship that war usually entails. Herodotos’ origins in western Asia Minor, a key area of interface between Greek and non-Greek culture, may have led him to give particular thought to the issue of cross-cultural reciprocity, as also to the Persian Wars, for which the Ionian Revolt had been the catalyst, if not the cause. At the same time, the justice and injustice of imperialism remained a burning issue through the fifth century into the fourth, and not only Persian imperialism, but also Athenian, Spartan, and Macedonian. The Persian Wars were the great antecedents of the Peloponnesian War, in the early years of which Herodotos seems to have completed his work. The Persians themselves continued to play a major role in the politics of the Greek world: the onset of the Peloponnesian War seems to have inspired new attempts to deal with them, and with other non-Greeks, as indicated in comic style in Aristophanes’ Akharnians of 425 BC. 25 This is understandable, for it was to be Persian resources that would give ultimate victory to the Spartans in that war. Thus, it is quite possible that crosscultural reciprocity was a topical concern in Athens and elsewhere when Herodotos completed his work, though the issue had been close to the centre of Greek preoccupations at least since the time of the Persian Wars, Herodotos’ subject. The Persian Wars had reinforced a Hellenic self-image, defined by contrast with the ‘barbarian’ identity, and had thereby further problematized relationships between Greek and non-Greek. In particular, Greeks (especially Athenians, perhaps) could and did use their defeat of Persia as confirmation of a broader superiority over the barbarian. In exploring the difficulties of forming relationships with the ‘other’, Herodotos’ Histories present readers with failures and disasters, arising primarily from ignorance, over-confidence, and cultural chauvinism. There is a definite element of pessimism in the Histories, for the inability to penetrate beyond contingent nomoi and thereby to see ‘other’ as ‘self’ is taken to be an observable feature of human nature, as manifested throughout the narrative. In particular, wars are seen to be the products of injustice and attendant ignorance. But there is also hope; for the author claims for himself the ability to rise above commonplace failings and offers to provide his readers with a better understanding of themselves, of others, and of reciprocity. Like Kroisos, the reader may pass into a state of deeper understanding through advice confirmed by experience. Where Kroisos had the advice of Solon and suffered personal disaster, the reader has the advice of Herodotos the author and suffers vicarious disaster, ‘experiencing experiences’. Baldry notices that Herodotos calls into question the whole dichotomy between Greek and barbarian, when he presents the Egyptian perspective, according to which barbarians are not those who do not speak Greek, but those who do not speak Egyptian. At the same time, as Laurot has shown, Herodotos displays no interest in condemning barbarians as such, nor in subordinating them to Greeks. Rather, his presentation in the Histories of nomoi of the barbarian ‘other’ offers insights into the nomoi of the Greek ‘self’ (or better, ‘selves’), insofar as the various Greek nomoi constitute Herodotos’ principal frame of reference and benchmark. However, as Rosellini and Said valuably stress, Herodotos does not present the barbarian ‘other’ as a monolithic unity, any more than he presents the Greeks themselves as a unity: rather he ranges across the different nomoi that exist among barbarians and through the complexities of interaction between various barbarian peoples. The Histories are not so much a mirror, as Hartog would have it, but a hall of mirrors with multiple reflections. The key point is that in the Histories cultural differences, however profound they may be, are presented as secondary to a common human nature and a common human condition: in that sense too Greek is barbarian, ‘self’ is ‘other’. The categories of Greek and barbarian are familiar to Herodotos, but on his view, as the proem indicates, they need not entail the subordination of the barbarian, whose achievements are to be celebrated also. For Herodotos, it is humanness that is the natural identity and the group identity that matters, and man-made variations are merely contingent, for all their exotic character and interest. Confirmation of such a view of Herodotos may be found in the condemnatory response of Plutarch, for whom Herodotos is far too positive about barbarians. The ferocity of Plutarch’s response (indeed, his very decision to write a response at all) further indicates the strength of the challenge that Herodotos’ case presented to the smug asseverations of Greek specialness that seem to have developed through the fifth century and which Plutarch in his day assumed to be right and proper. Cross-cultural interaction was central to Herodotos’ project in the Histories. At the same time, the problematic nature of reciprocity the uncertainty that arises from its under-negotiation — is particularly apparent in interaction across cultures. Indeed, Herodotos’ concern with the problematics of reciprocity as a phenomenon can be seen as intimately bound up with his concern with cross-cultural interaction. Of course, Herodotos’ starting-point is a matter of mere speculation. But we can and should observe the organic relationship between cross-cultural interaction, crosscultural reciprocity, and the problematics of reciprocity as a phenomenon. It is precisely within the problematics of cross-cultural reciprocity that the appreciation of cultural relativism is particularly necessary. Therefore, if we move from the claim, already mentioned, that there is a strong sense in which the Histories are about reciprocity to ask why Herodotos should be so interested in the phenomenon, I would suggest that an answer is to be found not in the topicality of reciprocity as a theme in the later fifth century, but in the rationale of Herodotos’ very undertaking. A broadlybased treatment of the Persian Wars by its very nature invites a simultaneous and inherent treatment of reciprocity as a phenomenon. To examine societies is to explore forms of reciprocities. All the more so, when societies invite comparisons through their It also seems clear that Herodotus approached the task of describing manners and customs with a fairly definite idea of what constituted a culture, and a fairly specific set of questions for evoking details from informants. The criteria which separated one group from another and gave individuality to his descriptive portraits were common descent, common language, common religion, and the observance of like manners in the smaller details of living, such as dress, diet, and dwellings. The Argippeans, who lived at the foot of the Ural Mountains, were presented vividly as being bald from birth, speaking a language of their own, using no weapons, dispensing justice in the quarrels of their neighbors, and dressing after the manner of the Scythians. They lived on the juice of a species of cherry, making the lees into a solid cake which they ate instead of meat. They dwell each man,† he said, â€Å"under a tree, covering it in winter with a white felt cloth, but using no felt in summer. † For each group, in other words, seven categories of cultural fact are given. We are told their geographical location and something of their environment. We are told of their language, their dress, their food, their dwellings, their form of self-defense, or their lack of it, their prestige as judges among other peoples. On the other hand, concerning Egypt, one of the more important culture areas, Herodotus says at the outset that he will have to extend his remarks to some length. This country–its climate, its people and animals–was a constant surprise and challenge to the observer, very much as Japan with its customs and Australia with its fauna have challenged the modern traveller. For the Egyptians the number of cultural categories evoked far exceeds the seven used in describing the Argippeans. As for history, Bodin’s belief in its power to confer knowledge concerning the ways of mankind was unfaltering; and much of both the Methodus and the Republique is devoted to the assemblage of documentation to support this contention. Never before perhaps had a writer on politics or ethnography amassed so large a body of dated materials or laid so large a literature under tribute. He was well-read, not only in the law and the Bible, but in the Talmud and the Cabala; in the ancients, including Herodotus, Strabo, Cicero, Tacitus, and Caesar; in the modern historians, such as Joinville, Froissart, Monstrelet, Commines; and in the travelers, Marco Polo, Leo Africanus, and Las Casas. As they err, said he, â€Å"who study the maps of regions before they have learned accurately the relation of the whole universe and the separate parts to each other and to the whole, so they are not less mistaken who think they can understand particular histories before they have judged the order and sequence of universal history and of all times, set forth as it were in a table. †

Defamation As A Tort In Common Law - Free Essay Example

Sample details Pages: 10 Words: 2867 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Research paper Tags: Tort Essay Did you like this example? Introduction to Defamation. Defamation also called calumny, vilification, slander and libel is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. Defamation is the publication of a statement which refers on a persons reputation and tends to lower him in the estimation of right-thinking members of society generally or tends to make then shun or avoid him. The tort of defamation protects a persons interest in his reputation. If the defendant had made an untrue statement, or what amounts to a statement, which is defamatory of the plaintiff, the plaintiff has a right of action against him unless the defendant can establish one of the special defenses available to an action for defamation. Since the tort of defamation protects the plaintiffs reputation, and since reputation depends on what other people think of the plaintiff, th e publication of the statement by the defendant to persons other than the plaintiff himself is an essential part of the tort -the purpose of the tort is not to protect the injured the feelings of the plaintiff. The tort goes beyond protecting their mere personal reputation of the plaintiff and extends to the protection of the reputation of his commercial and business undertakings. The rules of the tort represent an attempt to strike a balance between two important and often competing interests, the public interest in freedom of speech and the private interest in marinating ones reputation. The difficulty of achieving this balance is perhaps indicated by the fact that, though liability for a defamatory statement is strict and substantial damages might be recovered from the one making the defamatory statement, a large variety of defenses exist for the one who makes such a statement. Regardless of whether a defamation action is framed in libel or slander, the claimant must always prove that the words, pictures, gestures, etc are defamatory. Secondly, the claimant must show that they refer to him and finally, that they were maliciously published. These are the three essentials elements in a defamation action. There are 2 types of defamation: libel which is generally in a written format and Slander which is in an Oral format. Different rules are applicable to each. There is no tort unless there has been a communication of the defamatory matter to a third party Slander slander may be divided into five classes, as follows: (1.) Words falsely spoken of a person which impute to the party the commission of some criminal offence involving moral turpitude, for which the party, if the charge is true, may be indicted and punished. (2.) Words falsely spoken of a person which impute that the party is infected with some contagious disease, where, if the charge is true, it would exclude the party from society; (3.) Defamatory words falsely spoken of a person, which impute to the party unfitness to perform the duties of an office or employment of profit, or the want of integrity in the discharge of the duties of such an office or employment. (4.) Defamatory words falsely spoken of a party which prejudice such party in his or her profession or trade. (5.) Defamatory words falsely spoken of a person, which, though not in themselves actionable, occasion the party special damage. Certain words, all admit, are in themselves actionable, because the natural consequence of what they impute to the party is damage, as if they import a charge that the party has been guilty of a criminal offence involving moral turpitude, or that the party is infected with a contagious distemper, or if they are prejudicial in a pecuniary sense to a person in office or to a person engaged as a livelihood in a profession or trade; but in all other cases the party who brings an action for words must show the damage he or she has suffered by the false sp eaking of the other party.  [2] The classic definition of defamation is which is calculated to injure the reputation of another, by exposing him to hatred, contempt or ridicule  [3] Libel In order to found an action for libel, it must b proved that the statement complained of is False In writing Defamatory Published Falsity of the statement The falsity of the charge must be presumed in the plaintiffs favor  [4]  .the burden of proof that the words are false doesnt lie on the plaintiff. Defamation of a person is held False until it is proved to b true. And if a person has stated that which is false and defamatory, malice is also assumed. But however, the plaintiff alleges in his plaint that the statements made are false and malicious, the motive of the defendant is not material in determining the damages. The motive of the defendant is totally irrelevant. Nature of Libel Defamatory statements maybe in written, printed or in the form of a caric ature. eg. a scandalous picture  [5] Princess Irina of Russia, the wife of prince Youssoupoff , claimed damages for libel in a feature film entitles Rasputin the mad monk, alleging that the MGM  [6]  , had published pictures and words in the film which were understood to mean that she there in called Princess Natasha had been raped and/or seduced by Rasputin. The jury ruled in favor of the princess and awarded her  £25,000 damages. The trial court rendered this judgment and this was confirmed by the Court of appeal. Under the defamation act of 1952, the broadcasting of any words by means of wireless telegraphy i.e. radio and television is treated as publication in permanent form. Similarly, The Theatres act of 1968(UK), theatrical performances are treated as publication in permanent form i.e. libel. When is it considered as defamatory? Any word will be deemed defamatory which Exposes the plaintiff to hatred, contempt or ridicule; Tends to injure him i n his profession or trade Causes him to be shunned or avoided by people Publishing of the material The test is whether the words would tend to lower the plaintiff in the estimation of the right thinking members of the society  [7]  . In applying this test, the statement complained of has to be read as a whole and the words used in it are to be given their natural and usual meanings which maybe understood by common men  [8]  . The ordinary man must not try to read it again and again to derive its meaning. The lawyers rule states that in an implication much more freely and unfortunately, as the law of defamation has to take into account, is especially prone to do so when it is derogatory  [9] If the defamatory statement consists of an article with a headline and photograph, the whole article including the photograph must be taken together and considered whether in its natural and ordinary meaning which may be ascribed to it by ordinary men it is defamatory of the plaintiff.  [10] Distinction Between libel and Slander The fundamental distinction was between written words, which were libel and spoken words, which were slander. Nowadays the general test for libel is whether the publication is in a PERMENANT form, other cases being slander. In common law, libel is a criminal offence as well as a civil wrong, but a slander is a civil wrong only. But, as per Indian law, both libel and slander are criminal offences  [11] A libel is of itself an infringement of a right and no actual damage needs to be proved in order to sustain such an action. In common law, slander is actionable only when special damages can be proved to have been its natural consequence, or when it conveys certain imputations. An action maybe maintained for defamatory words reduced to writing, which would not have been actionable if merely spoken  [12] Defamatory statements In an action for defamation, the plaintiff must show that the defamatory statement refers to him. It is not necessary for this purpose the plaintiff should have been described by his own name. It is sufficient if the has described him by his initials or even by a fictitious name, provided he can satisfy the court that he was the person referred to.  [13]  It is immaterial whether the defendant intended the defamatory statement made to apply to the plaintiff or knew of the plaintiffs existence, if the statement might be understood by anyone who knew the plaintiff. a person charged with libel can not defend himself by showing that his intentions were not to defame or insult the plaintiff, in fact when he did both   [14] In E.Hulton co. v. Jones  [15]  an article was published by the defendants in their newspaper the Sunday chronicle by their Paris correspondents describing a motor festival at Dieppe in which a reference was made to a church warden Artemus Jones. It was stated that he was having a happy time with a woman who was not his wife. The pla intiff who was a barrister was baptized as Thomas Jones but did not live at peckham and had not been to the Dieppe festival. The plaintiff accepted that the writer of the article and the editor of the paper knew nothing of him and did not intend the article to refer to him. The court/jury still awarded the plaintiff damages as the court stated that it is not even necessary that the plaintiff should have been named at all nor should the statement have a pointer which states that it refers to the plaintiff Although a statement is not explicitly defamatory, the next statement can not be use to show the former as defamatory, but if the first statement is defamatory, the second statement maybe used to strengthen the case. When the statement doesnt expressly relate to the plaintiff, extrinsic evidence can be used to show that the persons knowing the plaintiff understood the statement to relate to him  [16] Defamation of deceased persons It is not a tort to defame deceased persons. The law implicitly states that the plaintiff himself must prove that the statements made were referred to him. Moreover, the action doesnt survive for the plaintiffs estate on his death. But if the defamatory statement affects the family of the deceased also, the family can sue on behalf of the deceased. The person defaming the deceased maybe be criminally prosecuted if the statements he made injured the reputation of the person If living or his family or his close relatives.  [17] Defamation of a Class of People It may amount to defamation to make an imputation concerning the members of a definite body of persons e.g. a team of players. If a defamatory statement is made against a class of people, one of them could bring about the suit provided he can prove that the defamation was aimed against him. E.g. if a person makes a statementall students are frauds. No particular student can sue unless there is something pointing to that particular student. As stated by Lord Atkin, : the only rule is that in order to be actionable, the defamatory words must be published and concerning the plaintiff. It is irrelevant if the publication is about two or more people if it is proved to be published of him Defenses for defamation under common law Justification by truth The truth of defamatory words is a complete defense to an action of libel or slander though it is not so in a criminal trial  [18]  . Truth is the answer to the suit filed against him but its over rules possibilities of malice in the statement and it doesnt entitle the plaintiff to get damages. For the law does not permit a man to get damages for an injury to character which he does not possess. It wouldnt make a difference to the law if the defamatory statement was made without the knowledge of it being true, then later its was found to b true, it would still be an absolute defense, if the matter was true, the purpose or method of publication holds no value in front of the law. It is not necessary to prove the truth in every bit of the statement made. The gist of the statement must contain the truth. Thus, the statement might not be fully accurate but substantially true. But if there is a gross exaggeration, the defense of Justification by truth will fail .and also if the statement made was false, the justification of the defendant that he honestly and on reasonable grounds believed it to b true will not qualify to use this defense. Fair and Bona fide comment A Fair and Bona fide comment for public interest is not considered as a libel.  [19]  Thus, valid criticisms are not defamatory statements. If the plaintiff suffers a loss, it would come under Damnum sine injuria. This involves all matters of public interest. Some examples of public interest are 1. Administration of justice 2. Public institutions 3. Local authorities 4. Acts of ministers 5. Affairs of the state EtcÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¦ÃƒÆ' ¢Ãƒ ¢Ã¢â‚ ¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¦ For the defense of a fair comment on the matter of public interest, the matter must be in which the general public have a legitimate interest matters which are related to public broadcast Privilege Privilege means that the person stands in such relation to the facts of a case that he is justified in saying or writing what would be slanderous or libelous in any one else  [20] Privilage is of 2 kinds Absolute Privilege Qualified Privilege Absolute privilege A statement is said to be absolutely privileged when no action lies even if the statement is made by malice or is false and defamatory. There are 4 main categories for absolute privileges Parliamentary proceedings Judicial proceedings Military and naval proceedings State proceedings Parliamentary proceedings The statements made by the house or its members might be untrue to their knowledge couldnt be made the foundation of a civil or criminal proceedings, however injurious they might b to the third party. This privilege doesnt extend to anything outside the walls of the house or to speeches or materials circulated outside the walls of the house. Judicial proceedings No action of libel or slander lies whether the judges, counsel, witness, or parties, for word written or spoken In the course of proceedings, before any court recognized by the law. This includes words written or spoken, maliciously or with a wicked mind. Judges ­Ãƒâ€šÃ‚ ­Ãƒâ€šÃ‚ ­-whatever act is done by a judge while acting in his judicial powers is absolutely protected. Coroner- A coroner deposing in front of a jury is not liable to the words falsely or maliciously spoken during his address to the jury Advocate-no action lies against an advocate for defamatory words used during the course of an enquiry in front of a judicial tribunal Counsel- the counsels words are absolutely privileged The madras High court has laid down that an advocate cannot be proceeded against civilly or criminally for words uttered as an advocate in his office  [21] Solicitors/ parties/ witnesses/ investigators/ judge/ jurors are also completely free form any defamatory charges against any statement made by them (even maliciously) during the course of their employment. Military and naval proceedings Proceedings of a military or naval tribunal are absolutely privileged. Statements made in front of a military court of enquiry by a military man is protected and classified. State proceedings For reasons of public policy, absolute protection is given to every state related communication. Be it between ministers or the officers of the state. Other defenses Consent It is a defense that the plaintiff has expressly or impliedly consented to the publication confirmed of where.  [22] Apology Where there is an apology, and an acceptance of thereof, the defendant can resist the plaintiffs suit for damages for defamation. Qualifi ed Privilege: A statement is said to have a qualified privilege when no action lies for it even though it is false and defamatory, unless the plaintiff proves express malice.. Remedies for Defamation As to the remedies for defamation a suit for damages maybe brought. The publication of defamatory material may be restrained by injunction either under S.38 or 39 of the specific Relief Act 1963 Damages for defamation Damages recoverable for a suit against libel and slander will depend of the nature and gravity of the defamation that has been caused to the plaintiff. It also depends on the extent of circulation of the defamatory material, the position in life of the parties and the nature/ situations of the case Mitigation of damages It is permissible for a defendant to seek to mitigate damages by providing any of the following defenses. Evidence falling short of justification Absence of malice Apology at the earliest opportunity Provocation by the plain tiff Bad reputation of the plaintiff Injunction An injunction can be issued by the court ad it as the jurisdiction to interfere to restrain the publication of the libel the jurisdictional authority will not be used by the court unless it is proved that the statements complained about is totally untrue. Joint action A joint action for slander cannot be brought about jointly against several defendants; separate action needs to b taken against all of them. In the case of verbal slander, each person will be liable only for what he/she said. But an action for slander maybe bought jointly against many defendants where the words spoken arent actionable per se. Don’t waste time! Our writers will create an original "Defamation As A Tort In Common Law" essay for you Create order