...WEEK 6 Discussion Question Chapter 6 (1,2 and 4) Q1 Advice Liability for contravention of s18 is strict. The defendant’s intention or state of mind is irrelevant. A person may breach s18 despite the fact that a statement or representation has been made honestly, innocently and without any intention to actively mislead or deceive. * Reputation: the need to establish the existence of a reputation or goodwill is more critical under passing off, as this requirement underpins the passing off action. The question is whether the use of the particular get-up or name by an alleged wrongdoer in relation to his product is likely to mislead or deceive persons familiar with the claimant’s product to believe that the two products are associated. * Misrepresentation: a conduct is likely to mislead or deceive meaning. The court will apply objective test in determining for itself whether conduct is misleading. An applicant can seek to protect trade designations, must establish that such designations are distinctive of the business or product to which they are attached or in words that they are exclusively associated with the applicants in the minds of customers. Words that describe a product, in a generic sense, can be used by other trade and cannot be monopolised by one trader. Q2 Advise the plaintiff, who plans to bring an action alleging: a) Passing off: involving the deceptive or confusing use of names, descriptive terms or other indicia designed to persuade purchasers...
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...involves a celebrity either as victim or accused. The concept of trial by media is not a new concept. There have been many occurrences in the past where the media has been accused of conducting a trial on its own and passing a verdict even before the court does. There is a conception that the Jessica Lal murder case is was also a media trial. Case Study On 29 April 1999, Manu Sharma had shot Jessica Lal in front of 200 witnesses at a Delhi restaurant, Tamarind Court, where she was a barmaid and refused to serve alcohol to him after 2 a.m. In February 2006, witness after witness went back on their original testimonies in court. This same case did not get enough coverage and within no time and Manu Sharma was acquitted. Noam Chomsky’s propaganda model tells us how news gets covered based on the News “Filters”. Manu Sharma’s father, Venod Sharma was a Congress MP and later a...
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...smothered by satisfying one’s consumerist pulses. He was Freud’s double nephew. He perfectly knew the main ideas of psychoanalysis since he had immersed really soon in this field, by his familial environment. Freud’s ideas have been reused, but not really for therapeutic purposes. As the creator of “Public Relations”, he was very asked by companies to help them selling their products by touching buyers’ emotions. Let’s see first the accomplishments of Bernays, and then how Freud’s ideas have been used to submit a person instead of freeing him, getting him into mass consumers At the beginning, Bernays had been called to help Wilson’s government to change the public opinion about war, in 1917, to get it favorable. He succeeded, using propaganda. He was then invited in Paris for the Peace conference, and when he heard President Wilson talking about propagating democracy all over the world, he had...
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...Identify the Hypodermic Needle Theory and Uses and Gratification Theory. Hypodermic Needle Theory The "hypodermic needle theory" implied mass media had a direct, immediate and powerful effect on its audiences. The mass media in the 1940s and 1950s were perceived as a powerful influence on behavior change. The theory suggests that the mass media could influence a very large group of people directly and uniformly by ‘shooting’ or ‘injecting’ them with appropriate messages designed to trigger a desired response. Several factors contributed to this "strong effects" theory of communication, including: - the fast rise and popularization of radio and television - the emergence of the persuasion industries, such as advertising and propaganda - the Payne Fund studies of the 1930s, which focused on the impact of motion pictures on children, and - Hitler's monopolization of the mass media during WWII to unify the German public behind the Nazi party Uses and Gratification Theory explaining of media use Originated in the 1970s as a reaction to traditional mass communication research emphasizing the sender and the message. Stressing the active audience and user instead. Psychological orientation taking needs, motives and gratifications of media users as the main point of departure. Uses and gratification theory assumes an active audience, which chooses the text it consumes and where individuals have reasons for consuming these texts. Uses and gratifications theory attempts...
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...Briana Rainey HUM/176 Email to my friend Hello my friend, how are you? Thank you for asking how my assignment went. When researching the background information I had to stay on top of my responsibilities. My purpose in writing about the political campaign was to educate the public about the events and issues that may affect their lives. I struggled a little when it came down to ethical responsibilities. As a journalist, I have to strive to present an accurate, well balanced explanation throughout my research. For example, I am obligated to present all sides of an issue, and to conduct extensive research and talk to several sources knowledgeable about the subject. I also interviewed a few people, and when doing so, it is important to remain honest with the people who are being interviewed by telling them before speaking to them what the article is about and that I also have plans on quoting them in the piece. It was also different for me working with other people. I took instruction from my editor regarding which angle to approach when writing my story, how long my story should be and whom it is that should be getting interviewed. From taking this approach and communicating with others, I felt confident in the story that I wrote. When it came down to accessing the credibility of the political internet...
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...Propaganda and lies in American news outlets What is propaganda? How is propaganda perpetrated through the media and especially in media broadcasting American news? Propaganda is some sort of action based on communication that is made purposely for the intention of influencing opinion as well as the thinking of a specific community so that conflict or disagreements may arise. In most cases propaganda happens through media since it’s the most common place where individuals pay attention to and it normally end up influencing the opinions of so many people. A very good example is how the news outlets in America spread lies and propaganda based on some of the most crucial situations with the aim of protecting specific famous individuals (Fawcett 2007). This paper will show and analyze presence of propaganda in some of the major news outlets in America, the reasons they do this as well as what the opinion of the public. For so many years almost all the news outlets in America have been on the fore front spreading lies and propaganda. Some of the executives, senior producers and the executive producers know what the media is doing and it is under their consent that such this happens. They are involved in all the activities of the news outlets and because they tend to be biased, they use the media to spread lies and propaganda in the American news outlets. (endthelie.com) This has led to so many Americans questioning the integrity and reliability of these news outlets as much as they...
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...different counter strategies by the RSF but propaganda as one of the strategy has been partially covered. The study focuses on Rhodesia Front government’s propaganda as a counter insurgency strategy to the guerrilla activities. Propaganda is the control of public opinion. There are three types of propaganda that is white, grey and black propaganda. White propaganda is the dissemination of the truth to someone’s advantage, grey propaganda is the mixture of lies and truth and black propaganda consists of largely but not total lies. All these types were exploited upon implementation of propaganda at different levels through different tactics. Psychological operations which were executed as forms of propaganda involved planned use of communication through words, symbols and actions to influence the behaviour of the targeted audiences and achieve set objectives. The government’s use of propaganda warfare was prompted by a number of reasons which ranged from economic, political, social and military factors. It is worth noting here that, the tempo and conduct of the war varied from one locality to the other depending on the terrain and proximity to strategical areas like borders, transport networks and close to government’s administrative offices. The study is presented in three chapters. The first chapter outlines the reasons for the introduction of propaganda warfare in Chilonga in 1970. It majors on the motives behind implementation of propaganda warfare before the intensification of the...
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...Name: Shirl Fayson-Miles Date: October 4, 2011 APA Citation of the Source: Rhee, E.,& McIntyre, S. (2009), How current targeting can hinder targeting in the future and what to do about it, Journal of Database Marketing & Customer Strategy Management, 16(1) 15-28, Retrieved on October 2,2011 from Business Source Complete Database. Part 1: Synopsis of the article: This article discusses how current targeting of customers by a direct marketing firm can result in misleading models of customer response due to the truncation of observations for the customers who are not contacted, as well as the inevitable mis-specification of the explanatory variables in the models. The authors discuss the importance of adopting a diversity of different nations’ populations and, encourage advertisers to adopt their strategy by taking into consideration groups of consumers that were not traditionally targeted, such as cultural and sexual minorities. However, the article states that while such targeting has been favorably received among the targeted minorities, it has also engendered unfavorable reactions among majority members. Part 2: Analysis of article based on the course topic: This article is relevant to the course content because it focuses on the importance of determining relative concentration of a product's consumers in mass media audiences and the vital element in targeting, as it reflects consumer motivation. As we are participating in the simulation market game, it...
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... CARLYN GAE ESTANISLAO COM32 Submitted to: Prof. ROEL S. RAMIREZ, APR mARCH 2011 1/11 I. Background Information / Additional Perspective "Why does a dog wag its tail? Because the dog is smarter than the tail. If the tail was smarter, it would wag the dog." This film is an incredibly witty movie, with a rare blend of cynicism, humor, and intelligence by Barry Levinson, Wag the Dog thus begins with these opening credits, an early indication of a dark socio-political satire that would unfold to criticize mass media and indecisive public opinion, but most importantly, the abuse of power by political leaders. Wag the Dog also satirizes the immaturity of the society and how people's unquestioning absorption of propaganda only encourages the media to exploit them on a higher level. Conrad Brean (Robert De Niro) is a retired political consultant, a spin doctor who resurrects the support for the US President's after his disastrous scandal with a teenage girl just eleven days before the election. In order to smother the sparks of rumor ignited by the media, Brean invents an international crisis to sway the people's vote he fakes a war on Albania. The president heroically ends the war and his compassion and exceptional 2/11 leadership qualities are presented through the mass media to the people, winning back their faith. (Lu, 2007) The movie is basically about a fraud of the American public conspired by the incumbent president’s White House...
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...In general, "media" refers to various means of communication. Media refers to communication devices, which can be used to communicate and interact among two or more people. Nowadays, the most commonly used media are Newspaper, Television, Radio, and Internet. Be it the pictorial messages of the early ages, or the high-technology media that are available today, one thing that we all agree upon, is that mass media are an important part of our lives. Entertainment and media always go hand in hand, but in addition to the entertainment, mass media also remain to be an effective medium for communication, exchange of information, advertising, marketing, and in general, for expressing and sharing views, opinions, and ideas. Mass media is a double-edged sword which means that there are positive as well as negative influences of media. Advantages : The common man gets the latest news within a fraction of seconds. The distance is not at all a barrier now. The news they get through media help them in their daily life a lot. We get the latest news in our home due to the television set. We can bring out the hidden talent, we can get public opinion about certain events, current issues. Television is quite popular because people can get easy overview from news. Television also entertains and educates people. Children’s knowledge increases by watching geographical channel, quiz programs and speeches by famous personalities of different fields. Radio has its own advantages...
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...The Negative Effects of False Media Images Since the birth of communication, media has been used to convey information to those willing to absorb it. Beginning with publications and simple spoken words, and soaring to new heights in the twentieth century with radio, television, and the internet, media have been made accessible to people in every aspect of their daily lives. With such a strong hold on modern society, mass media have been able to shape popular culture and often influence public opinion. However, when abused, the power of media can harm the general population. Biased media tend to make people strive to be someone else's idea of perfect while subconsciously ignoring their own goals. Stereotypes formed by the media that include thin, tanned women, and wealthy, muscular men have led to a decline in self-acceptance. The majority of media today often present the perfect body to the public, hoping that consumers will strive to achieve fitness using a certain product or idea. While this form of advertising may somewhat increase a product's market share, many people suffer from inner conflicts as a result of failure to achieve the body of a top athlete or fashion model. Along with emotional conflicts, those influenced by the media have encountered physical problems, including bulimia, anorexia, and the employment of harmful dietary plans. Unless reality is discerned from what is presented in certain media, some people will continue to suffer. Consumers...
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...http://www.cagle.com/news/women-in-combat/page/16/#.UXWAKbW-kX8 I am analyzing Adam Zyglis' "Women in the Military" political cartoon. Zyglis is the staff cartoonist for The Buffalo News and his cartoons are also internationally syndicated by Cagle Cartoons. I chose this political cartoon out of the sea of political articles, cartoons, and videos due to the fact that I feel strongly about the subject, and I feel as if this cartoon states a very strong and true message. Adam Zyglis uses a spin-off from an archetype to portray is opinion on women being unprohibited from military combat. Zyglis uses the "We Can Do It!" American wartime propaganda poster produced by J. Howard Miller in 1943 for Westinghouse Electric as an inspirational image to boost worker morale. The poster was used to promote feminism and other political issues. Most recently its been used to promote women canidates in elections. His political cartoon uses this 1940's motivational workforce poster to promote women's right to go into combat in our armed forces. If you research America's past beliefs it will be shown that women's rights have made a lot of advancements in our nation's society and without these advancements our country would not be as advanced as it is now. Women have come a far way even when all odds were against them, and by Zyglis using the "We Can Do It!" photo in his political cartoon he expresses this. Media has changed a great deal over time in the way that it is distributed and used...
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...Complaint against Aldi for misleading ham advertisement By Áine Hennessy on 20 April 2016 1 • The complainant considered the advertising to be misleading. Aldi advertised the weight of a mini Serrano ham as 1.5kg, however the actual weight specified on the box was 0.950kg. The complaint was upheld by the Advertising Standards Authority for Ireland. The Aldi Specialbuys advertisement featured a picture of the ham on a wooden block with a knife lying alongside. The offer read: “A slice of heaven – Mini Jámon Serrano €19.99 1.5kg.” The complainant said that while the weight of the ham had been advertised as 1.5kg, the actual weight specified on the box label was 0.950kg. The complainant therefore considered the advertising to be misleading. Aldi said that they conducted a thorough investigation of the matter, and while the weight of the Aldi ham product had been correctly displayed in store and on the packaging of the product itself, they had inadvertently included the incorrect weight on their website. The supermarket said that the error occurred as a result of including the weight of the wooden block in the overall weight of the product. As they did not sell their products online, they considered that there had never been any possibility that a customer could have purchased the product believing that the product weighed 1.5kg. Complaint upheld The Complaints Committee considered the details of the complaint and the advertisers’ response. They noted that a genuine...
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...Martha Stewart’s initial public relations response to the charges against her was basically to lie in the background and keep everything hush for as long as they could. Martha Stewart did not speak to the public about the alleged charges she was being faced with, so she was having people she paid very well to speak for her. Stewart denied being guilty, and claimed she had done nothing wrong. The public or society became wary of her, and after the courts convicted her of being guilty, she began to look like a liar her consumers and just about to anyone else. Stewart not only still refused to really give the public an explanation, she also still refused that she was guilty of doing anything wrong. After the media coverage had been taken nationwide, Stewart still insisted that her attorney still to be the one speaking to the public. This article explained that Stewart would not make eye contact nor speak to the media reporters. Her attorney spoke for her, and Martha Stewart’s public relations initial response was to let the legal attorney do the talking. I believe the key public relations principle that Martha Stewart violated was not personally addressing the issue of the charges or accusations she was being initially accused and eventually convicted of. She did not give her consumers and stockholders an explanation for anything. After she was convicted, she never apologized for anything. She was found guilty and she still addressed the public only electronically...
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...Within the last century there have been a number of breakthroughs when talking about how the media is passed from one individual to another. Not so long ago people were largely dependent on the wired device; being tethered to their homes for the flow of news, entertainment, and communication. In the late 1800’s and very early 1900’s roughly 80 percent of the population in America lived in rural areas; by the 1920’s and 30’s there was a majority of the population that moved inward to the urban development’s where the future of economic opportunities was to enticing to pass on. With the boom of industry and development there was a need for faster communication, a way to get the information to the masses. For many years the people relied on the newspaper and word of mouth for their news until the inception of the radio and television which brought information streaming 24 hours a day seven days a week into the viewer’s or listener’s home.. The largest achievement for televised news would be launch of cable television (US) and satellites strictly for streaming this type of medium, pushing information about everyone to everyone; with the only draw-back of not being instantaneous. There had been little change to what and how the news product was delivered to the world’s society. The media machine turned and churned this way unaltered, existing comfortably until the introduction of the internet. The sometimes deadly tool used to feed news around the world uncensored and rarely unbiased...
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