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Freedom of Speech in Advertising and Defamation

Abstract


Background/Objectives: This study examines the general concepts regarding freedom of speech and intrusion on personal rights in advertising focusing on defamation. Methods/Statistical Analysis: This study analyzed precedents and theories about the issues. And related theoretical publications, theses, collection of precedents, and the Internet data were collected and analyzed for the study. Findings: This study examined the coordinating principles in law when there is a conflict between freedom of expression in advertising and the right of reputation focusing on precedents. In precedents related to advertising, there were frequent cases of defamation that involve conflicts between freedom of expression and mental personal rights. According to the analysis of the law and precedents, requirements such as truthful fact and relationship with the public interests weaken the illegality while false facts and the purpose of slander strengthen the illegality. Also, political opinion advertising has wider range of exemption from responsibility due to its public character while commercial advertising has narrow range of exemption. Application/Improvements: This study suggests that when making advertising in the future, we need to learn and know about the legal regulations related to personal rights to prevent the lawsuit.

Keywords

Advertising, Defamation, Freedom of Speech, Personal Right, Right of Reputation

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