Navigation Jurilinguistique

Lamalle, Sandy

doi:10.7202/1065185ar

Cited by 1 publication

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“…Cross-jurisdictionally, legal concepts akin to libel can collide and evolve (e.g. Lamalle 2017). 6 Our cases were heard in Western Europe and relate to parties' litigations, but apropos another jurisdiction it is worth noting that defamation law may also be used as a censorship tool: "For example, in 2013, China's Supreme People's Court and Supreme People's Procuratorate jointly issued a judicial interpretation, which states that individuals can be charged with defamation if the online 'rumours' they create are viewed by 5,000 internet users or reposted more than 500 times, and they can even be prosecuted if the rumours cause 'damage on the national image', 'adverse international effects', or 'other serious harms to social order and the national interest'" (Liu and Wang 2021).…”

Section: Introductionmentioning

confidence: 99%

Translation in Libel Cases: Reputations at Stake!

Scott¹,

O'Shea²

2022

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In this paper we examine translation arising in court cases involving reputational damage. A diachronic and tightly focused cross-jurisdictional selection of examples from case law is used to highlight the range of ways in which translation can be employed, blamed, or relied upon by the parties and by the courts, and we glimpse how translations can be a source of libel, a defence against libel, or a gateway to libellous material, how crucial translation can be in protecting or damaging reputations, and how significantly it can affect a case’s outcome. We apply Engberg’s lens for communication in legal contexts, distinguishing micro, meso and macro occurrences of translation at publisher/business/individual, judicial, and State levels. Recurring translation-related topics either mooted by courts or arising in our analysis are then outlined, including: competing translations; translation techniques; translator identification; online translation; how the acceptance of jurisdiction may be influenced by translation requirements; and how judges approach decision-making when foreign language documents and translation are involved.

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Section: Introductionmentioning

confidence: 99%

Translation in Libel Cases: Reputations at Stake!

Scott¹,

O'Shea²

2022

View full text Add to dashboard Cite

show abstract

Navigation Jurilinguistique

Cited by 1 publication

References 2 publications

Translation in Libel Cases: Reputations at Stake!

Translation in Libel Cases: Reputations at Stake!

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