European law essay

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European law essay

Rape and the Media: The Julian Assange scandal, which involved two women making accusations of rape and sexual molestation against him, recently sparked debate as to whether rape victim's rights to privacy should outweigh the press's right to freedom of expression. In doing so, the essay shall compare the approaches of the UK and the US.

The arguments for and against preferencing the victim's rights to privacy shall be examined and conclusions will be drawn as to which jurisdictional approach is preferable.

Another issue which will be examined is the impact of increased use of online technology on the quality of news coverage of crime, with emphasis on rape and how poor quality coverage of this particular crime has negative repercussions.

The paper shall then provide suggestions for ways to reform the law which would raise standards of press coverage of rape in general. Taking a Feminist Perspective This paper will be written from a feminist perspective which takes as its most basic foundation, the notion that society is based along gendered constructions which organise 'identity, social participation, and the standards for judging self and others'.

Through making women the focal point of this essay, the author hopes to raise awareness of the continuing need to protect the privacy of rape victims from release of their details in the press.

It will also address the effect the rise in technology is having on the quality of press coverage of crime, in particular, the sensational coverage of rape which perpetuates rape myths.

The media's coverage of rape has been brought to public attention recently as an unexpected result of the Leveson Inquiry. Violence against women, most notably rape, is reported from a 'male perspective that perpetuates stereotypes and myths about women while ridiculing and trivializing their needs and concerns'.

These statistics state that one in three girls have experienced unwanted sexual touching in school, every year one million women are subjected to at least one instance of domestic violence and that 3.

The statistical evidence it produced as to public perceptions also make for disturbing reading: These figures demonstrate that rape, sexual assault and inter-gender violence still have a massive role to play in modern society and Susan Brownmiller explicates upon this role: From prehistoric time to the present, I believe, rape has played a critical function.

It is nothing more or less than a conscious process of intimidation by which all men keep all women in a state of fear. It is also a forum for discussion on the effectiveness of the Press Complaints Commission, many feminist groups have found that the PCC, which is a self regulating body for the press, has largely failed to protect their interests and have stopped relying on it [EVAW, p27, ].

The media is vital in discussing the problematic social attitudes toward rape because of the importance of the role which the media plays in 'setting the agenda'.

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In Comb's book, he remarks that there can be no doubt as to the importance of the media's influence on what should be at the centre of public attention and debate.

As early asAmerican journalist Theodore White noted that the power the media holds in setting the agenda of public attention is 'an authority which in other nations is usually reserved for tyrants, priests, parties and mandarins'[Combs, p ix, ].

European law essay

An extension of this, Caringella argues, is that the media pulls an 'overwhelming weight with the public when it comes to common understanding about crime'.

Those who were exposed to the media degradation of women were much more likely to say that in cases of date rape, she got what she wanted or that she enjoyed it [Dill, ].

According to Dill, this shows how men can learn lessons about women through exposure to the media, and that the degradation of women in the media results in rape myths being reinforced.

Freedom of the Press and Challenging the Rights of Rape Victims to Privacy and Anonymity This section shall take advantage of the recent controversy involving Julian Assange which raised questions in both the US and the UK, as to whether victim anonymity should be maintained in the media.

It shall look at the approaches which both countries take to balancing the freedoms of expression and privacy. It is important to remember that it is essential that the media maintains as much freedom as possible in order to complete its central function; 'the freedom to report and discuss matters of public interest'.

Article 10 of the European Convention on Human Rights states that; 'Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

Not only does the press have the task of imparting such information and ideas: Were it otherwise, the press would be unable to play its vital role of 'public watchdog. The balance between a person's freedom of speech and the need for regulation of the media was examined in Jersild v Denmark.

The ECHR found that the punishment of a journalist for helping to disseminate information and statements made by another person would 'seriously hamper the contribution of the press to discussion of matters of public interest and should not be envisaged unless there are particularly strong reasons for doing so' [Jerslid, para.

Article 8 of the ECHR states; 'Everyone has the right to respect for his private and family life, his home and his correspondence'. In paragraph 18, of the BBC's application to have a reporting restriction order varied or set aside, Lord Hope said that it had come to be recognised, as a result of instruments such as Art 8, that the privacy of personal information is something which merits protection in its own right; something worth protecting as an aspect of human autonomy and dignity.Essay Title Struggles.

Titling an essay is never an easy thing. You want something short, concise, and easy to abbreviate for a header. On the other hand, you . Rhodes is a national, highly selective college committed to the liberal arts and sciences.

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