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Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

Law

2000

Western University

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Full-Text Articles in Social and Behavioral Sciences

Electronic Miscommunication And The Defamatory Sense, Jacquelyn Burkell Jan 2000

Electronic Miscommunication And The Defamatory Sense, Jacquelyn Burkell

FIMS Publications

This article examines the effect that cultural and technological changes have had on interpersonal communication and aims to provide an interdisciplinary explanation for the recent proliferation of defamation in electronic media. The authors argue that the absence of certain extra-linguistic cues and established cultural convention in the electronic environment often results in miscommunication which — if not itself defamatory — gives rise to emotional exchanges between interlocutors in a manner that provokes defamation. The authors begin their analysis with a discussion of defamation law as a recipient-oriented tort, demonstrating the importance of the context of communication in the determination of …