Re: [soac-mapo] Redefiningthe 4th criteria
- To: Philip Sheppard <philip.sheppard@xxxxxx>
- Subject: Re: [soac-mapo] Redefiningthe 4th criteria
- From: Stuart Lawley <stuart@xxxxxxxxxx>
- Date: Tue, 31 Aug 2010 05:44:16 -0400
Between Philip and Richard we may be onto something.
On Aug 31, 2010, at 3:36 AM, "Philip Sheppard" <philip.sheppard@xxxxxx> wrote:
> To follow on from Richard Tindall's proposal that one useful path would be to
> redefine (ie make clearer or more specific) the 4th DAG criteria of:
> e.g. 'legal norms relating to morality and public order'
> 'recognized under general principles of international law' .
> Again I find some help in the guidelines of the EU TM office.
> See edit below:
> What it covers
> "Accepted principles of morality are those that are absolutely necessary for
> the proper functioning of a society".
> "directly against the basic norms of .. society".
> "clear offensive impact on people of normal sensitivity".
> EXAMPLES of exclusion
> "blasphemous, racist or discriminatory phrases, but only if that meaning is
> clearly conveyed ...in an unambiguous manner";
> "direct references or incitements to commit criminal acts".
> "names of terrorist organizations as they would be perceived as a direct
> support for them"
> What it does NOT cover
> "not concerned with bad taste or protection with feelings of individuals"
> "not what might be considered in poor taste"
> "not applied subjectively as to ...the personal taste of the examiner".