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Shirley Jones

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Submitted By german
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Business Ethic Case
El demandante, la actriz Shirley Jones demando a los acusados, el National Enquirer, distribuidor y el escritor del artículo y Calder el editor de la revista en un artículo del Enquirer en el que se afirmó que Jones era una alcohólica. Jones vive en California y aunque el artículo se escribió y se editó en Florida Jones presentó una demanda en el tribunal estatal de California afirmando que el tribunal tenía la jurisdicción sobre la base de la gran circulación del Enquirer en California. El cual publica un periódico semanal a nivel nacional con un total de 600,000 ejemplares que se venden en California. La demanda se basó en un artículo que apareció en octubre 9 de 1979 en el National Enquirer y fue por difamación, invasión de la privacidad e imposición intencional de daño emocional.
Esta demanda fue contestada por la empresa distribuidora y no hicieron ninguna objeción a la jurisdicción de la Corte de California. El tribunal de primera instancia desestimó la demanda en base de que carecía de jurisdicciones personales sobre ellos, basando sus conclusiones en las preocupaciones de la Primera Enmienda que permite que la competencia en estos casos enfríen la libertad d expresión. La Corte de Apelaciones de California revocó y la Corte Suprema de California confirmó la apelación del tribunal. Calder hizo un llamado al igual que el escritor del articulo afirmando que aunque el fabricante del producto puede ser considerado responsable en otro país como consecuencia de la lesión, un trabajador que no tenía ninguna participación en la distribución ni ningún control sobre ella no podía ser responsable en ese estado.
El acusado es un periodista contratado por el Enquirer. Es un residente de Florida, que viajaba con frecuencia a California por negocios. Escribió el primer borrador del artículo en el cual Shirley Jones apareció. Hizo la mayor parte de su investigación en la Florida y también teniendo de recursos las llamadas telefónicas a las fuentes de información de California. Calder también es un residente de la Florida, que estuvo en California solo dos veces, una vez por un viaje de placer antes de hacer la publicación y una vez después de haber testificado en el juicio relacionado. Calder es el presidente y editor del Enquirer. El supervisa casi todas las funciones y publicaciones del Enquirer. Creo que no era ético para el National Enquirer tratar de evitar el pleito en California. Ya que no debería importar donde el acusado vive, lo que debería importar es donde se llevo a cabo el tema y donde se creó. Sobre todo porque personas con buenas cantidades de dinero pueden tener residencia en muchos lugares.
La Corte sostuvo que la jurisdicción sobre los acusados en California era apropiada debido a la conducta intencional en la Florida de causar daños a los demandantes en California. Y la sentencia de la Corte de Apelaciones de California fue afirmada. Entiendo que los acusados deben de ser sometidos a juicio en California. Ya que la historia que publicaron fue dolorosa para Jones. Esta historia pudo haberle causado a Jones una angustia emocional, y pudo haber llegado al punto de que pensara en quitarse la vida debido al escándalo.
La difamación son palabras ya sean habladas o escritas que son publicadas las cuales son falsas y no son confidenciales. Que exponen a las personas al ridículo y al desprecio ya sea de sus personas cercanas o en el caso de una actriz de la sociedad. Lo cual puede dañar su reputación e inclusive su trabajo. Las revistas se prestan muchas veces a inventar escándalos de los artistas con el fin de tener más ventas y de obtener más popularidad.
En este caso el National Enquirer no tuvo ética. Ya que no imprimió historias honestas, y noticias dignas. Y al parecer no le importo que sus historias no fuesen ciertas. Tampoco midieron el daño que le causaron a Jones, esto pudo haberle destruido su carrera e incluso su vida. Entiendo que una revista sobreviva del chisme, y que siempre este buscando información de personas del ámbito del entretenimiento. Pero no deben crear rumores falsos de esta magnitud sin medir las consecuencias antes. Los negocio sea de cualquier tipo siempre deben de mantenerse bajo estándares éticos y nunca pisotear la vida de otras personas. Ya que artículos como ese causan daño y afectan la vida tanto profesional como personal de la persona.

Referencias
The Legal Environment of Business and Online Commerce by Cheeseman Business Ethics Case 3.5 at the end of Chapter 3
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=465&invol=783

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