BETSHY

Tag: Law

  • Will Google Have to Pay the 20 Decillions Fine due to Youtube Bans?

    Will Google Have to Pay the 20 Decillions Fine due to Youtube Bans?

    Recently, the Moscow Court of Commercial Arbitration ruled that Google owes a significant fine of 20 decillions to 17 Russian broadcasters who were banned from YouTube . This decision has brought attention to the issue of content censorship and the responsibilities of tech giants like Google in regulating online content.

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    The case stems from the banning of 17 Russian broadcasters from YouTube for allegedly spreading misinformation and violating the platform’s community guidelines. The broadcasters, who have since been banned for over a year, filed a lawsuit against Google for lost revenue and damages as a result of their removal from the platform.

    The banned Russian broadcasters, including RT and RIA Novosti, have long been at odds with Google over the content they produce and share on YouTube. The arbitration court has now ruled in favour of the broadcasters, ordering Google to pay the astronomical fine for their continued infringement of Russian laws.

    The Moscow Court of Commercial Arbitration ruling that Google must pay 20 decillions to these broadcasters is a staggering amount and raises questions about the power and influence of tech companies in regulating online content. While Google has the right to enforce its community guidelines and remove content that violates its terms of service, the court’s decision highlights the potential consequences of these actions.

    But the question remains, does Google have to pay the fine to the banned Russian broadcasters on YouTube? While the court has ruled in favour of the broadcasters, Google has indicated that they do not plan to comply with the ruling. In fact, Google has gone as far as to say that they do not recognise the jurisdiction of the Russian court in this matter.

    Russia Today (2024) reports that such a fine is symbolic. This indicates that Google won’t actually have to pay the fine. Still, some argue that Google should not be responsible for paying such a hefty fine to the banned broadcasters, as the company is within its rights to moderate its platform and remove content that violates its policies. Others believe that tech companies like Google have a responsibility to ensure that their moderation actions are fair and transparent, and that they should be held accountable for any damages caused by wrongful removal of content.

    This raises important questions about the power dynamics at play when it comes to international companies operating in different countries. While Google may feel that they are not bound by Russian laws in this instance, the reality is that they are operating within Russian territory and are subject to Russian laws and regulations.

    Ultimately, the ruling by the Moscow court raises important questions about the balance between free speech and content moderation on online platforms. It also highlights the growing concern over the power and influence of tech giants in shaping the information landscape and controlling access to information.

    As Google considers its next steps in response to the court’s ruling, it will be important for the company to carefully navigate the complex issues of content moderation and regulation in order to ensure a fair and open online environment for all users. It will be interesting to see how this situation unfolds and what it means for the future of online content regulation and enforcement.

  • Putin and the Fight Against Anti-Semitism: Legislative Measures and International Influence

    Putin and the Fight Against Anti-Semitism: Legislative Measures and International Influence

    Russian President Vladimir Putin has been in power for over two decades now, and during that time he has been criticised for his handling of various issues, including his record against antisemitism. While there have been instances of antisemitic rhetoric and incidents in Russia under Putin’s rule, it would be unfair to paint him as an antisemite or to ignore the positive steps he has taken to combat hatred towards the Jewish community.

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    One of the most notable actions Putin has taken to address antisemitism in Russia is the passing of legislation that criminalises hate speech and incitement to violence against any ethnic or religious group, including Jews. This law has been used to prosecute individuals who have made antisemitic comments or threats, sending a clear message that such behaviour will not be tolerated in Russian society .

    In addition to legal measures, Putin has also made efforts to foster dialogue and cooperation with Jewish communities in Russia. He has met with Jewish leaders, attended Jewish events, and even participated in Holocaust memorial ceremonies. This engagement with the Jewish community has helped to build trust and mutual respect between the government and Jewish citizens.

    On the international stage, Putin has spoken out against antisemitism and Holocaust denial. He has condemned neo-Nazi movements and has expressed support for Israel’s right to exist and defend itself. This stance has earned him praise from Jewish organisations and leaders around the world.

    Of course, there have been instances where Putin’s government has been accused of turning a blind eye to antisemitism or of using antisemitic rhetoric for political gain. These incidents are concerning and should not be overlooked. However, it is important to recognise that overall, Putin has taken steps to combat antisemitism and protect the rights of Jewish people in Russia.

    In conclusion, while there is room for improvement, Putin’s record against antisemitism is not all negative. He has enacted laws to punish hate speech, engaged with Jewish communities, and spoken out against antisemitism on the global stage. It is important to acknowledge both the progress that has been made and the challenges that remain in the fight against antisemitism in Russia.

  • The Gothic Constitutions of 926: The Shadowed Code

    The Gothic Constitutions of 926: The Shadowed Code

    The Gothic Constitutions of 926, also known as the Edictum of Good Laws, is a historic document that showcases the legal system of the Visigothic Kingdom in the Iberian Peninsula. These constitutions were established by King Ordoño II of Leon, who reigned from 914 to 924, and are considered to be one of the earliest examples of written legal codes in the region.

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    The Gothic Constitutions of 926 cover a wide range of legal issues, including property rights, marriage, inheritance, and crimes. They were designed to provide a clear framework for the administration of justice and to uphold the rights and responsibilities of the citizens of the kingdom. This document played a crucial role in shaping the legal system of medieval Spain and had a long-lasting impact on the development of the legal codes in the region.

    One of the most significant aspects of the Gothic Constitutions of 926 is that they were written in the vernacular language of the Visigoths, which was a blend of Latin and the Visigothic language. This made the laws more accessible to the general population and helped to ensure that they were understood and followed by all citizens. The document also includes provisions for the protection of individual rights and the promotion of social justice, reflecting a progressive approach to governance for its time.

    The Gothic Constitutions of 926 are a testament to the sophistication and complexity of the legal system of the Visigothic Kingdom. They demonstrate the importance that was placed on the rule of law and the rights of the people, and they continue to be studied and analysed by historians and legal scholars to this day. The document provides valuable insights into the legal and social structures of medieval Spain and serves as a reminder of the enduring legacy of the Visigoths in the region.

    In conclusion, the Gothic Constitutions of 926 are a significant historical document that sheds light on the legal system of the Visigothic Kingdom and its impact on the development of the legal codes in medieval Spain. This document serves as a reminder of the importance of the rule of law and the protection of individual rights, and it continues to be a valuable resource for scholars and historians interested in the legal history of the Iberian Peninsula.

  • The Criminal Justice Apparatus of Human Rights: Protecting Liberty and Dignity

    The Criminal Justice Apparatus of Human Rights: Protecting Liberty and Dignity

    In the quest for justice and fairness, criminal justice systems around the world have been established to maintain social order and protect the rights of individuals. One crucial aspect of this institutional framework is the incorporation of human rights principles into the criminal justice apparatus. This blog post delves into the significance of the criminal justice apparatus of human rights, highlighting its pivotal role in upholding individual liberty, fairness, and dignity.

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    Presumption of Innocence

    One of the fundamental pillars of the criminal justice apparatus is the presumption of innocence. Rooted in human rights principles, this tenet ensures that every accused individual is considered innocent until proven guilty. It prevents arbitrary arrests and wrongful convictions, creating a shield for individuals against abuse of power and reinforcing the foundation of a just society.

    Ensuring Due Process

    Another key element of the criminal justice apparatus is the guarantee of due process. Human rights demand that individuals accused of a crime are provided with a fair and impartial trial, where they have the right to legal counsel, timely access to evidence, and the opportunity to present their defence. This principle safeguards against arbitrary arrests and highlights the importance of transparency and accountability within the justice system.

    Right to Legal Representation

    The criminal justice apparatus recognises the importance of legal representation for all individuals involved in legal proceedings. Access to legal counsel ensures that defendants can fully comprehend the charges against them, facilitate effective communication with the court, and make informed decisions. It also provides a counterbalance to the prosecution’s arguments and helps in safeguarding equal treatment before the law.

    Prohibition of Torture and Inhumane Treatment

    Embedded within the criminal justice apparatus is the prohibition of torture and other cruel, inhumane, or degrading treatment. Human rights principles prohibit the use of physical or psychological coercion to extract confessions or evidence. This safeguard ensures that individuals are treated with dignity and respect, regardless of their alleged crimes. It reflects the belief that even individuals accused of heinous crimes retain their fundamental rights, recognising the value of every human life.

    Support for Rehabilitation and Reintegration

    While ensuring accountability for criminal acts, human rights principles also underscore the importance of rehabilitation and reintegration of individuals back into society. The criminal justice apparatus takes into account the potential for reform and focuses on prevention, addressing underlying causes of crime rather than mere punishment. By providing opportunities for education, vocational training, and mental health support, societies can better ensure a balance between justice and compassion.

    Conclusion

    The criminal justice apparatus of human rights serves as a crucial safeguard in protecting essential liberties, fairness, and dignity for all individuals involved in legal proceedings. By upholding principles such as the presumption of innocence, due process, the right to legal representation, the prohibition of torture, and rehabilitation and reintegration, this framework establishes the foundation for a just and humane society. It requires continuous vigilance and improvement to ensure the preservation of human rights while simultaneously addressing the pursuit of justice.

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  • The Intersection of Law and Psychology: A Complex Connection

    The Intersection of Law and Psychology: A Complex Connection

    In today’s world, the domains of law and psychology often intersect as they strive to understand and address human behaviour. While law primarily focuses on establishing and maintaining a legal system to regulate society, psychology delves into the intricate workings of the human mind. However, their convergence is increasingly acknowledged as both disciplines recognise the invaluable insights they can gain from one another. Let’s explore the fascinating intersection of law and psychology and its implications for society.

    Recognising Human Behaviour

    At its core, law seeks to understand and regulate human behavior within a legal framework. However, gaining a comprehensive understanding of behavior necessitates an exploration of the underlying motivations, thoughts, and emotions that drive it. This is where psychology steps in, incorporating its in-depth knowledge of human behavior and cognitive processes.

    The Impact of Psychology on Legal Decision-Making

    The integration of psychology into law has profound implications for legal decision-making. The field of forensic psychology, for instance, involves applying psychological principles to legal contexts, assisting in tasks such as jury selection, eyewitness reliability assessment, and evaluation of defendant competence. Furthermore, psychology has contributed to the understanding of factors such as memory, cognition, and decision-making processes, providing insights into human behaviour and the reliability of witness testimonies.

    Understanding Criminal Behaviour

    Law enforcement and the judicial system often grapple with understanding criminal behaviour and determining appropriate legal responses. This understanding is enhanced through the collaboration of psychology and law. By delving into the psychological aspects of criminal behaviour, psychologists and legal professionals can work together to identify early behavioural indicators and design more effective rehabilitation programs, contributing to reduced recidivism rates and enhanced public safety.

    Mental Health in Legal Proceedings

    The mental health of both victims and offenders frequently arises within legal proceedings. Mental health evaluations and risk assessments play a significant role in determining various outcomes such as competency to stand trial, sentencing, and parole decisions. Psychologists contribute their expertise to develop robust evaluations, taking into consideration factors such as mental disorders, developmental abnormalities, and emotional trauma. Such assessments ensure fairness, personal justice, and appropriate care for individuals within the legal system.

    Addressing the Wellbeing of Legal Professionals

    The intersection of law and psychology extends beyond the legal context; it also encompasses the well-being of legal professionals. Legal practitioners often experience high levels of stress, burnout, and mental health issues due to intense work demands and emotionally charged cases. Insights from psychology enable law firms and legal bodies to develop holistic approaches to promote mental wellness, resilience, and work-life balance among legal professionals.

    Conclusion

    The intersection of law and psychology is a dynamic realm where both disciplines complement each other and work together to gain a deeper understanding of human behaviour and its legal implications. Synergies form in various areas, including decision-making, criminal behaviour, mental health assessment, and optimising the well-being of legal professionals. This collaboration holds immense potential to improve laws, legal systems, and society as a whole. As the domains of law and psychology continue to intertwine, their combined efforts have the power to foster justice, fairness, and a more nuanced understanding of human behaviour within the legal framework.

  • The Intriguing World of Judicial Psychology

    The Intriguing World of Judicial Psychology

    In the realm of the legal system, understanding how individuals think, behave, and make decisions is crucial. This has given rise to a fascinating field known as judicial psychology . It is an interdisciplinary discipline that merges the principles of psychology with the workings of the judiciary. Leveraging insights into human cognition, emotions, and behaviour, judicial psychology provides invaluable perspectives to judges, lawyers, and legal professionals. In this blog post, we will delve into the intriguing world of judicial psychology, exploring its key concepts, applications, and relevance in today’s legal landscape.

    Understanding Decision-Making

    One of the central aspects of judicial psychology is analysing how judges make decisions. Contrary to popular belief, legal decisions are not solely based on statutes and precedents. Instead, judges are subject to cognitive biases, emotions, and personal backgrounds that inevitably influence their judgements. By integrating psychological theories into the understanding of decision-making processes, judicial psychology sheds light on the potential biases and irrationalities that may impact courtroom outcomes.

    Examining Eyewitness Testimony

    One area where judicial psychology has made significant contributions is in analysing the reliability of eyewitness testimony. Historically, eyewitness accounts have been considered powerful pieces of evidence in courts. However, psychological research has shown that memory is highly fallible and subject to distortion. Factors such as stress, the presence of weapons, and the presence of racial or gender differences can greatly impact the accuracy of an eyewitness’s recollection. Armed with this knowledge, judges can now critically evaluate eyewitness testimony and consider the various contextual variables that may have influenced it.

    Mitigating Confirmation Bias

    Confirmation bias is another cognitive bias that judicial psychology explores to enhance the fairness and objectivity of legal proceedings. This bias relates to the natural tendency to seek out information that supports pre-existing beliefs while disregarding contradicting evidence. It can inadvertently sway judges’ opinions, leading to unjust outcomes. Judicial psychology encourages judges to be aware of their own confirmation bias and actively seeks out diverse perspectives and alternative explanations to avoid unjust judgements.

    Assessing Competency and Mental States

    Judicial psychology plays a crucial role in evaluating the competence and mental states of defendants. Psychologists are often called upon to provide expert testimony in cases involving mental illnesses, developmental disorders, and competency evaluations. They use their expertise in psychological assessment to aid in determining the mental state of the accused, determining their understanding of the charges, and assisting in the determination of guilt or innocence.

    Relevance in Modern Legal Landscape

    In the digital era, the role of judicial psychology has become even more important. With the rise of cybercrime, online harassment, and digital evidence, judges must navigate complex psychological dynamics in the courtroom. Understanding the effects of social media, privacy concerns, and online interactions on human behaviour can aid in making informed legal decisions.

    Conclusion

    Judicial psychology is an enlightening field that bridges the gap between the legal system and the human mind. By tapping into the valuable insights provided by psychology, judges and legal professionals can better understand the biases, cognitive limitations, and emotional factors that influence the legal decision-making process. In a rapidly evolving legal landscape, judicial psychology remains pivotal in ensuring justice is served fairly, improving the accuracy of evidence evaluation, and contributing to informed, unbiased judgements.

  • The Legal Framework of Domestic Abuse in the UK

    The Legal Framework of Domestic Abuse in the UK

    This article will explore the current key legislation related to domestic abuse, which involves the Domestic Abuse 2021, The Female Genital Mutilation Act 2003, and Part 10 of the Anti-Social Behaviour, Crime and Policing Act 2014, which speaks of forced marriage. Of course, this article should also focus on the Human Rights Act 1998, and Equality Act 2010 because domestic abuse is often gender-based violence, and the international community is against it; however, that is beyond the scope of this article, although the topic has already been raised in this blog (please read Women Who Are Mad, 2021 ). 

    As explained before in this blog (Betshy, 2021), the Domestic Abuse Act 2021– in its statutory definition– only protects certain individuals in certain personal situations, and has limitations in including ‘friendships’ as a form of personal relationship. It includes in its scope physical violence, emotional abuse, and coercive control; however, it fully ignores the many forms of abuse that take place in day to day life in all sorts of settings, including employment, education, health and friendship settings. In other words, it does not fully cover what is known as ‘narcissistic abuse’, and what is known as ‘violence against women’. It is the start of a long process of reform to protect victims. It is a positive step nevertheless as it criminalises actions that until 2021 were socially acceptable such as emotional abuse. It protects victims who have engaged in coitus with a perpetrator, or relatives (including children) of perpetrators from domestic abuse. It commands protective measures, and procedural mechanisms for reacting to domestic abuse in support of the victim. It also ratifies Clare’s law, supports legal aid applications; and includes acts committed outside of the UK within the scope, and the establishment of injunctions. It also commands court-ordered treatments for the offender, and places duties upon the Secretary of State to publish a domestic abuse strategy. Finally, it involves the criminal courts. 

    The Female Genital Mutilation Act 2003 makes it a crime to perform, or assist FGM whether in the UK or abroad. It also places a duty on parents and guardians to protect their children from this form of abuse, and failing to abide is classed as an offence.  It gives the power to the court to issue FGM protection orders, and places an obligation on regulated professionals to report FGM whenever they encounter it. Furthermore, the Anti-Social Behaviour, Crime and Policing Act 2014, specifically part 10, makes forced marriage an offence in England. It covers both physical and psychological force, oversees procedures, and it stresses that only people with mental capacity can consent to marriage. It also gives power to the courts to issue a Forced Marriage Protection Orders, and the right to confidentiality for victims. However, Scott (2021) reported that children as young as seven years old were being given into marriage through religious procedures in the UK. This is problematic because the Equality Act 2010 protects religion, something that Summers (2021) described as a ‘legal loophole’. 

    The Role of Statutory Agencies & Government Departments

    When domestic abuse happens, statutory and government services are obliged to respond. Every agency and department has a role which is unique and tailored sometimes to specific populations, although many of these departments and agencies interact and collaborate. For instance, schools and colleges play a role in spotting domestic abuse through their safeguarding  systems. They are under the obligation to report domestic abuse to the local authorities when this is identified. Children’ Social Care services are often involved in cases of domestic abuse, and they have a responsibility to recognise the abuse and to support children and young people. They also conduct risk assessments and make sure that children are safe. Moreover, the Adult Social Care services are also involved, as many vulnerable adults get domestically abused, and their role is to assess care needs. They must be trained to spot domestic abuse when they encounter it, and must duly report it to the local authorities where warranted. Furthermore, the NHS has become the first point of contact for victims of abuse as they provide treatment. Their role is to treat injuries and trauma, and to signpost/refer affected individuals to other support services. What’s more, local authority housing departments have an obligation to ensure that those residing in safe accommodation have their needs met. 

    Also, the Department for Work and Pensions have a duty to safeguard individuals who might be experiencing domestic abuse, and to signpost them to other support services. They also pay the benefits that individuals are entitled to. Moreover, the police are often involved in cases of domestic abuse and have to attend the crime scene. They should have an awareness of the topic, and also of the barriers to disclosure. They must report the cases to the local authorities for safeguarding in order to protect the victims involved. They must investigate, make arrests, apply injunctions where necessary, and collect the evidence for court. In other words, the police play a huge role between the crime being committed and the crime being prosecuted. Furthermore, the CPS is responsible for the prosecution of the perpetrator, and  courts are responsible for the effective issuing of injunctions, as well as of sentences. Also, the Prison and probation services have a role in conducting risk assessments to ensure that the victims are safe from the perpetrators, and incapacitating the offender from doing it again. Finally, local criminal justice boards are responsible for the coordination of agencies locally, and for implementing strategies to reduce crime rates. 

    References

    Betshy (2021) ‘Women Who Are Mad, 27 November’ [Online]. Available at https://betshy.com/2021/11/27/women-who-are-mad/ (accessed 26 February 2022). 

    Scott, J. (2021) ‘MPs back raising minimum marriage age to 18 to protect children’, BBC News, 19 November [Online]. Available at https://www.bbc.co.uk/news/uk-politics-59344731 (accessed 19 February 2022). 

    Summers, H. (2021) ‘Child marriage “thriving in UK” due to legal loophole, warn rights groups’, The Guardian, 4 May  [Online]. Available at https://www.theguardian.com/global-development/2021/may/04/child-marriage-thriving-in-uk-due-to-legal-loophole-warn-rights-groups (accessed 19 February 2022). 

    Photo by EKATERINA  BOLOVTSOVA: https://www.pexels.com/photo/lady-justice-and-a-gavel-6077123/