Tuesday, January 28, 2020
Shangri La Hotel Competition and Business Analysis
Shangri La Hotel Competition and Business Analysis Introduction Shangri-La Hotel is a world class deluxe Asian hotel chain which provides services and places for business and leisure travelers according to its Asian standards of hospitality. Shangri-La Hotel provides customers with a number of excellent services. More specifically, guests may enjoy high quality room services and resort, facilities such as sauna, Jacuzzi gym, lounge and pub. Moreover, the hotel chain also provides different and unique products like, The Spa at several hotels and resorts. Through its high quality services, Shangri-La receives international awards and recognition from prestigious publications and industry partners. Historical data Shangri-La Hotels and Resorts was founded in 1971 by the Malaysian-Chinese tycoon Robert Kuok and managed by Westin until January 1983. The headquarters are located in central Hong-Kong. Its name was inspired by James Hiltons legendary novel Lost Horizon. In 1982 the company incorporates Shangri-La Hotel and Resorts. Business Description Shangri-La Hotel is highly recognized for its service excellence. The hotel chain highly supports its mission statement, according to which customers should be delighted each and every timeÃâà » More specifically, the company focuses on offering customers an unforgettable experience by blending cultures, exotic art and lively ambience. . Shangri-La Hospitality has developed five core principles: respect, humility, courtesy, helpfulness and sincerity. These core principles have positively affected the successful running of the business and thus they have as a result the creation of pleasant customers and employee relations. The service principles that Shangri-La has developed is consistent to every country they operate. In other words, customers receive the same level of services and treatment in every hotel no matter the country of location. This is very important as the customers identify Shangri-La hotels as high quality and trustworthy. The company operates 62 deluxe hotels and resorts under the Shangri-La and Traders Hotel brands in Asia and Middle East. Moreover, the company is willing to expand in Europe and North America. Apart from Shangri-Las ownership and operation of hotels, the company also leases commercial office buildings, retail space, apartments, real estate development and operation and golf club ownership and operation. Competition Competition in general is one of the factors that affect companys existence and growth. Even though Shangri-La is one of the top luxurious hotels in Asia, there is still fear from other top companies operating in the diversified hotel management industry. The profitability of every company depends on efficient operation because many costs are fixed and on effective marketing. The top three competitors of Shangri-la hotel are: The Hong Kong and Shanghai Hotels Ltd which also operates in Asia, Australia and North America with 24 deluxe hotels, commercial and residential properties. New World Development is the second competitor of Shangri-La; the company develops and invests in properties in Hong Kong, mainland China, and Southeast Asia. Its property and infrastructure developments include apartments, office buildings, hotels, department stores, roads, and water and power plants. The third competitor is Mandarin Oriental Hotel Group which is incorporated in Bermuda and owns, manages and operates 40 upscale hotels in two dozen countries. The 2008 Olympic Games Event has affected Shangri-La Hotel since premium hotels such as Regent, Ritz-Carlton, Hyatt and Sheraton expanded in various cities in China, particularly in Beijing and Shanghai. Since Shangri-La is an Asian Company, it is highly recognized in Asia, the hotel chain had a competitive advantage as far as brand awareness is concerned. However, as many prestigious and luxurious hotel chains started expanding in the Asian continent Shangri-La faced more intense competition than before. The primary competitor of Shangri-La could be identified as the Marriott chain, which operates the Ritz-Carlton, Renaissance and Courtyard brands (26 hotels in China and expanding its portfolio to 100 by late 2010.) Driving forces in the company In order for the company to continue to compete within in the industry, Shangri-La decided on expanding its hotel chain. It went through a rapid expansion in the early 1980s and built 29 hotels over the next decade, and by the end of 1999, it was announced that they were operating 35 hotels within the Asian continent. Shangri-Las management group decided on expanding even more aggressively and therefore took advantage of their current success and raised fund during this period of time for further expansion. As a result during the early 00 Shangri-La began entering new markets through both management contracts and owner/operator development. In 2003 Shangri-La Dubai and Sydney were opened. The innovation of core brands of Shangri-La Asia Ltd, including the four-star Traders which was established in 1989, provides luxurious experience and sophistication to the business traveler, Rasa Resort and Spa which was launched in 2006 as a new brand spa provides treatment and relaxation based on Chinese principles, Far Eastern Plaza Hotel and Shang Palace are the force driving the changes in the industry. These hotel chains provide differentiated and unique products to a niche market. Key Success Factors: The key success factors of Shangri -La Hotel are the following: 1. Unique characteristics of Asian hospitality and high luxury quality of service and products offered to its customers 2. Differentiated products (spa and treatment in hotels and resorts) 3. The use of culture training program in everyday performance More specifically, Shangri-La Care Modules that line out what a service personnel should do and how to serve their customers in the best possible way Care 1: Shangri-La Hospitality from Caring People Making the guests feel special and important during their stay in the hotel and focusing on the core values of Shangri-Las hospitality. Care 2: Delighting Customer Delighting guests consistently not just the first time they visit but every single time in order to achieve srotng customer loyalty. Care 3: Recover to Gain Loyalty The importance of recovery when mistakes happen. A well done recovery may be an opportunity to gain further commitment and loyalty, and the other way round if recovery is poor. The five steps to recovery as developed by Shangri-La hotels: Listen, Apologies, Delight, Fix the Problem and Follow up. 4. Take Ownership. Effective promotion and special offer to attract the customers attention about the Shangri-La hotel. Promotion and special offer build long term relationship between Shangri-La hotel and their loyal customer. The promotion and special offer by the Shangri-La hotel include special festival, weekend special, value rate and value vacation. 5. Effective process management perspective. This refers to the system used to assist the organization in delivering the service. Shangri-La demonstrates processes involved in delivering the services provided into six encounters including among others check-in, room encounter, restaurant and breakfast, vacation trip, spa and check out. Check in Encounter: Shangri-La ensures that guests will be served directly at the receptionist counter or online. Room Encounter: it provides extra room accommodation for guests. For example, they provide extra bed for children under 12 to stay with their parents in the same room. Restaurant and Breakfast: Shangri-La provides Childrens Meal Plan; this accommodates hotel guests under 12 can enjoy complimentary meals in Coffee Shops and Pool Cafes. Vacation Trip: Specially trained staff is assigned in handling booklets with valuable information concerning rooms, airfare and car rental at popular Shangri-La destinations, in order to make guests planning vacation easier. The Spa: provides unique service for treatment activities such as massage, aroma therapy and bathe. Check-Out: same as check-in but may be crucial to determine the final outcome of satisfaction. 6. The use of effective advertising through television and online commercial 7. Compensation and Career Growth: this is a driving force for the employees to perform high standard performances within the company and making its employees valuable. If employees are motivated they are willing to provide and satisfy customers in any circumstances, therefore gain customer loyalty. Resource strengths and competitive capabilities of the company: Valuable organizational assets Organizational design is an important aspect in every company. Without an organized Chain of Command severe issues could occur in the company. Shangri-Las organizational design consists of five major levels in order to group its employees. More specifically: Level 1: Divisional Manager Level 2: Departmental Manager Level 3: Sectional Manager Level 4: Front Front-Line Supervisors Level 5: Front-Line Employees Note: Decision comes from the upper level of the structure Valuable intangible assets The employees are one of the most important intangible assets of Shangri-La. Therefore, Shangri Las corporate management heavily invests in employee development (to gain know-how asset) Another intangible assets of Shangri-La is its brand name, a synonymous for providing services with the unique characteristics of Asian Hospitality Unique products such as spa and treatments could also be considered as their intangible assets Valuable physical asset One of the most important and crucial physical assets of Shangri-La hotels are its architectural design externally and internally. Every single hotel of the chain has different characteristics and features that differentiate it from other Shangri-La hotels in the world. The design of every hotel matches the culture and environment where it operates. For instance, a typical Shangri-La hotel set in lushly landscaped tropical gardens with huge swimming pools that creates an oasis from the city thriving business and social center. Moreover, Shangri-La hotels and resorts provide hotel facilities like Airport Transfer, Parking, Foreign Exchange, Non-Smoking rooms, baby-Sitting or Child Care, Facilities for Disabled, Dining and Entertainment, Restaurant, Bar/Lounge, Sports Leisure, Spa, Sauna, Steam Room and Fitness Center. They have invested in these assets so as to provide customers with great experience during their stay in the hotel. Competitive Capabilities One of the strongest competitive advantages of Shangri-La hotel is the service quality that is provided to its customer. Shangri-La is an award winning hotel as it is highly praised for offering world class service and gracious hospitality that has earned a reputation of excellence throughout Asia. Identifying strongest and weakest points of competitive forces Competitive pressures created by the rivalry among competing sellers Competing with other world class luxurious hotels in the world is a strong competitive force that affects Shangri-la hotels. These other hotels have strong competitive strategies to maintain their position in the market. These hotels also provide the same high quality of service to the same target group. Competitive pressure of new entrants New entrants have always been considered as a threat by the existing ones. This is a strong force for the company since they target the same customers in the market. Competitive pressure from the sellers of substitute products High quality Motels and other local hotels are considered to be substitute for Shangri-La. This is a weak competitive force in the company since Shangri-La customers seek for high and unique quality of service Competitive Pressures Stemming from supplier bargaining power and supplier-seller collaboration Supplier bargaining power is a strong competitive force to Shangri-La hotel. Shangri-La has numbers of different suppliers; for example, food suppliers, material suppliers and information suppliers. If these suppliers increase price of goods and services to its customers then Shangri-la would also increase its operating costs .As a result, Shangri-La would increase prices, in order to cover its operating costs. Competitive Pressures stemming from buyer bargaining power and seller-buyer collaboration. Buyers bargaining power is a weak competitive force for Shangri-La Hotel since Shangri-La has a fixed price charge; and this cannot be negotiated. Business Strategy Strategy for Expansion to the East and West The companys main strategic plan is to incorporate the goal of expanding the Shangri-La brand globally with a strong foundation and reputation for its excellence in Asia, the Middle East, Europe and North America. According to industry analysts, China was one of the most attractive destinations for tourists in 2008 since The Olympic Games were held there. For this particular reason new hotel developments started to pour in the region. Shangri-Las strategy to expand in the East is an asset since their core principles of cultural values matches most of the countries in the Asian market but is still a challenge since most of the luxurious top hotels in the world have the same approach. In general Shangri-La has slow expansion growth in other part of continents like Europe and North America. Nevertheless, it was announced that the company decided to expand its hotel chains in different parts of the world particularly in Europe, North America and Australia as to be able to compete with their major competitors in the market. Even though the company constantly enters new markets, they still maintain and provide its worldwide service quality standards to its customers and ensure that Shangri-Las quality and service standards are translated to new hotels in new markets in order to deliver consistent experience of Shangri-La Hospitality. When Shangri-La enters new markets in new countries, the company brings new cultural understanding and expectations to these markets. This is a challenge for the company since bringing the essence of the brand to new cultures is tough. Another strategy of the company is to enhance Corporate Social Responsibility activities in five key areas: Environment, Health and Safety, Employees, Supply Chain Management and Stakeholder Relations. In the Environment section its main focus is in climate change, water use management, waste disposal management, ozone depletion and indoor air quality. Shangri-La has recognized that resource conservation, biodiversity and pollution prevention are ways to maintain a sustainable environment. By providing safe and healthy environment, Shangri-La protects its customers, employees, suppliers and the public. This includes training employees for emergency situation like fire, earthquake and any other natural disaster. Also, the company promotes wellness program to improve the health and well-being of the employees. As mentioned before, Shangri-La management recognizes that staff is one of their most important assets and so they are committed to providing fair employment opportunities, dignity and staff development. Shangri-La will provide an environment where employees may achieve their personal and career goals and fair labor practices as to avoid any activity that results in human right abuse. For the company to be able to mange its direct and indirect impacts in the environment, Shangri-La has to work effectively with its supply chain partners. The suppliers need to meet the local legal requirements relating to the environment, human rights and other regulatory work practices. Also, suppliers are expected to be part of the system to ensure that the food served is safe and of high quality. According to CSR all stakeholders include customers, employees, members of the communities in which they operate, shareholders and suppliers will engage in a clear, honest and respectful way to the company. SWOT Analysis: Strengths Brand recognition Unique services and products quality (Shangri-La Hospitality) Expansion network in Asian Continent Luxurious facilities like the Shangri-La Spa and Trader Expansion globally Strong suppliers relationship Innovation of unique products Weaknesses: Not having enough number of hotel chains in Europe and N. America to compete with other luxurious five star hotels operating there. Shangri-La is dependant on other hotel owners companies since it doesnt own all of its hotel chains One of the problems that Shangri-Las hotels in China faces is the fact that front-lines employees are uncomfortable in making decisions. Chinese employees are dependent on operational guidelines Opportunities: Its market positioning in China; since China has become the worlds fourth largest economy and one of the most attractive destination as far as tourism is concerned Training program facilities to prepare first-line employees to more effectively utilize decision-making authority The Olympic Games Events in China increased Shangri-Las sales Expand to other geographic destinations Acquisition of local hotels Threats: Intense competition Local Hotels are considering forming alliances with international brands to manage and operate the business. Pressure on wages (expanding into high-wage economies) Since Shangri-La is an Asian company and has been operating in Asian territory, its management group is used to having lower labor costs compare to Europe and N. America Global recession Since Shangri-La is expanding with its principles values, its a great challenge for the company to expand beyond its Asian territory where cultures are different. Is the company able to adapt in a different environment..? Target Market Shangri-La Hotel operates in the five class hotels industry associated with luxury and well-being for customers. Hence, the target market mostly comes from the upper class. We focus on this section to the two Shangri-La Hotels and Resorts that produce greater profitability to the company. The Golden Sands Resort that is located in Batu Feringgi Beach that is mostly visited by tourists who come from European and Western countries. It is believed that these travelers have high consuming ability compared to local travelers. Therefore, Shangri-La management targeted the tourists that are of higher financial and consuming ability. The target market for Trader Hotel mostly consists of business travelers and those that come from the upper class groups of society. Business travelers can afford to purchase services from high quality hotels as their expenses are accommodated by their companies. Strategic Positioning All of the hotels and resorts of Shangri-La are located at strategic locations that are frequented by a high number of people, either for business purpose, travelling or other reasons. The location selected usually consists of places that are well known for their tourism industry and that are highly visited each year. Business Model For the fiscal year ended in December 31, 2006 the management reported that Shangri-La net income was 202.2 million dollars from its services and products. The companys sales continued to improve in 2006 with 1,002.9 million dollars sale compared with 842 million dollar in 2005. The company owns 50 hotels in Asia and the Middle East and more or less of 40 projects under development in Europe and North America. The company employs approximately 18,400 employees worldwide. Shangri-Las case is unusual among international hotel companies since it owns a significant proportion of its hotels, As shown in the table below, Shangri-La performance in the industry seem to improve every year and ascend to better market positioning. Shangri-La Income Statement Our personal Recommendations for Shangri-La Hotel Improve and give more emphasis to its employees training program; especially for the front-line employees to build their confidence and efficiency at the workplace in order to improve its hand to hand interaction with the customers. Having achieved brand market leadership in Asia, Shangri-La should now try to increase the number of hotel chains in Europe, North America and the Middle East. Since Shangri-La emphasizes its cultural values in every hotel chains, Shangri-La should take a closer look of its environment in general, to see if the products and services that they provide match the needs of the customer in general. For example, if Shangri -La operates in foreign destinations like the Middle East, they should adapt to its culture and combine it into their own to avoid conflicts between two different cultures. In general, all of the hotels and resorts of Shangri-La are located at strategic locations that are visited by a high number of people each year, either for business purpose, travelling or other reasons. The location selected is usually places that are well known for its tourism industry that are highly visited each year.
Monday, January 20, 2020
Drugs and Alcohol in the Adolescent Years Essay -- Influence Teenagers
Drugs and Alcohol in the Adolescent Years The years of adolescence are a very important time for both young girls and boys to make decisions that will essentially have the power to shape their lives. In life there are conflicts to be overcome from both the ââ¬Å"evilâ⬠social world and also a young girlââ¬â¢s vulnerability can cause problems. Both have a huge impact on decisions she will make. Drugs and alcohol are both issues that almost any young person in todayââ¬â¢s society is going to come into contact with. Then there is the issues of making decisions about how these substances will affect their life. It is interesting to study and compare the drug use among different ethnic groups as well as how the culture that one is brought up in has a big part in how they will respond to the same issues. This leads right into my paper topic which is girls growing up on the border. This is a completely different lifestyle as well as upbringing for these girls that are living so close to the Mexico. Drugs and alcohol are everywhere and are most likely intertwined into each of our lives in some way. For this reason it is apparent how likely it is that adolescents are exposed to these substances very often if not daily. Recent surveys that have been done, in particular the Ontario Health Survey, 1990, shows that initiation to drugs begins as early as 12 years old in an adolescents life. Twelve years old is considered the risk period for alcohol and tobacco and this phase does not end until about age 22. A sample of 4,364 people from this same study was on people from the ages of 15 to 35. Results showed that the major risk age for initiating with either alcohol, marijuana, or tobacco is over by age 22. Once again it is sh... ... are white or Mexican and live on the border or not. Works Cited: Leverton, Kate. Personal Interview. 25 March 1999. Phipher, Mary. Reviving Ophelia: Saving the Selves of Adolescent Girls. New York, NY. G.P. Putnam Sons, 1994. DeWitt, David J; Offord David R. "Patterns of Onset and Cessation of Drug Use Over the Early Part of the Life Course." Young Adults-Drug Use- Ontario-Drug Abuse-Ontario -Drinking Alcohol icges-Ontario. Vol.24, pg. 746, 13p. Holck Susan E., M.D., Warren Charles W. Ph.D, Smith Jack M.S., Rochat Roger M.D., "Alcohol Consumption Among Mexican American and Anglo Women; Results of a Survey Along the U.S.- Mexican Border." Vol. 45: Pg. 149-154, 1984. Dassori Abana M., Neff James A., Hoppe K, Sue. "Ethnic and Gender Differences in the Diagnostic Profiles of Substance Abusers." Vol 15, Aug. 1993, pgs. 382-390.
Saturday, January 11, 2020
Comparing Freedom of Expression in the Statutory Law and the Sharia Law Essay
Getting in touch with media law during the first semester of my Masters gave me a sense of the importance of law in general because it consists of acts and articles which organise most issues in the humanââ¬â¢s life in a way that protects ethics and morals. Regardless of the hypocrisy and double-standards of the countries which raise high the slogan of Human Rights, I liked the Human Rights Conventions that were laid down by these countries. Therefore, I decided to research some points in these conventions that are related to my study in order to nurture my knowledge in this great field of the human sciences. Then, I thought deliberately about the benefit of exerting much effort to get such knowledge since it is existed, well-explained and well-organised, in handy books. But after looking by historical and religious study as far back as some centuries ago, I found that my own culture, Islam, had plenty of law provisions that helped its people not only to protect their ethics and morals, but also to spread them all over the world. Through deliberate and objective study, I found that many of the social reformers, whose thoughts led to the emergence of the modern criteria of human rights, were originally affected by the roots of the Islamic ulture. I also found a lot of those old and even modern reformers who praised the old provisions of the Sharia Law and they also praised the prosperity which was an outcome of implementing it. The Western writer Patricia Crone (2005: p. 218-219) said referring to how those old provisions of law were true bases of a moral society: ââ¬Å"Medieval Muslims d id not write utopias in the sense of imaginary travel accounts or other descriptions of ideal societies which do not exist, â⬠¦ they were not given to seeking ideals outside their own civilisation at all. But they did place a golden age right at the beginning of their own history, and their numerous accounts of this age add up to a detailed utopia of great emotive powerâ⬠¦ It was a time when the Muslims had all the virtues of tribesmen and none of their vices, for thanks to Islam there was no feuding, no factionalism, and no disorder, just austerity, solidarity, and total devotion to the truth. Therefore, I decided to look for the provisions of that old law which are related to my study and compare them with their counterparts in the modern human rightsââ¬â¢ conventions. In order to limit my research, I decided to take the articles related to my study, media law, in the Human Rights Act 1998 (HRA) of the British Law to represent the leading international human rights conventions. Part one: Preface Main Argument In this dissertation I am going to explain how both the HRA and the Sharia Law deal with the concept of freedom of expression. As long as such argument is new and uncommon because of the lack of references that studied it, which resulted in an ambiguous perception in the minds of people towards the Sharia Law and its sources, there must be a kind of primary definition of the Sharia Law, its sources and how the Sharia scholars (Sharia Jurists) deal with these sources to regulate law items. Sharia Law This expression is going to be referred to as a theological-historical concept since the Sharia was revealed through a prophet, this makes it a theological subject matter, and it is 15 centuries old, this gives it a historical background. Sharia (sari? ah) is all religious rituals that Allah (SWT) has imposed on Muslims, via his Prophet Mohammad (PBUH) regarding beliefs, rules and day-to-day life among Muslims themselves, and between Muslims and non-Muslims. It is ââ¬Å"designed to govern the relations of Muslims with non-Muslims, whether inside or outside the territory of Islam. â⬠Mahmoud Kamali says that Sharia is ââ¬Å"the Islamic law as contained in the divine guidance of the Qurââ¬â¢an and the Sunnah. Yet, the expression Sharia Law is modern if compared with the word Fiqh, which historically used to mean ââ¬Å"the awareness of Islamic rules from its sources by true inference. â⬠Kamali defined the word Fiqh: ââ¬Å"Islamic law as developed by Muslim Jurists. The term is often used synonymously with Sharia. â⬠Therefore, like other contemporary researchers of similar topics, I am going to use the expression Sharia Law to mean the old word: Fiqh. Sources of the Sharia Law There is no difference between any of the Muslim scholars that the main sources of all information, not only about the details of the life of mankind, but also about the details of the whole universe are the Holy Qurââ¬â¢an, then, the Holy Sunnah. In addition, it is a matter of a universal belief among Muslims and many of non-Muslims that the Holy Qurââ¬â¢an in the hands of people is the real book revealed by Allah (SWT) to his Prophet Mohammad (PBUH) fourteen centuries ago. The same is the 100% authenticity of certain books of Hadith, i. e. Saheeh Al-Bukhari and Saheeh Muslim. These references are not considered comprehensive works; however, I feel that they could draw raw guidelines for me in my research in two ways: * They give me hints about how this issue is being taken by researchers who are not specialists in Sharia studies, but they are lawyers or journalists; like me. * They draw raw guidelines of the comparative methodology of research between articles of the Sharia Law and those of the statutory law. Throughout this dissertation, I am going to take articles of the British Media Law and compare them with the related provisions of the Sharia Law, giving enough examples in order to be able to make clear-cut conclusions about the main question of this dissertation which is: (The question of the dissertation) Can the modern Islamic movements, who are apparently going to rule the Arab countries after the Arab Spring, implement the Sharia Law and achieve the absolute justice which they raise as a slogan for their revolutions and electoral campaigns? Or would they worsen the already worsened situation of media law? Of course, regarding the other part of this dissertation, which is the statutory law, libraries are full of texts of law articles starting from the Declaration of the Rights of Man and of the Citizen in 1789, passing through the UN Universal Declaration of Human Rights, ending with daily huge volumes of books, journals and articles studying new amendments and proposing new laws regarding recent details of the life of people in general and the work of media specifically. Terminology In order to have a good understanding for the real meaning and connotation of the Sharia Law concepts and cases, they have to be denoted by their names. Therefore, it is necessary here to have a list of the original names of the Sharia concepts and their definitions. The Holy Qurââ¬â¢an: defined previously. Surah: one complete chapter from the Holy Qurââ¬â¢an. Sowar: the plural of Surah. Sowar are different in length. Some are 1/3 a page and others exceed 40 pages. Aya: one verse from the Holy Qurââ¬â¢an. Ayat: a plural of aya. The Holy Sunnah: defined previously. Hadith: a verified saying for the Prophet Mohammed (PBUH). Ahadith: a plural of Hadith. Tafseer: the interpretation of the Holy Qurââ¬â¢an and the Holy Sunnah by professional credible Muslim scholars. Fatwa: a certain judgement on a certain case by a Sahaba, Tabeââ¬â¢een or confident Muslim scholars in a certain time or place. Plural is Fatawa. Ibada: the act of worshiping Allah (SWT) whether by heart or body. Any act of heart or body needs to start with intention of solely worship for Allah in order to be a true Ibada. Daââ¬â¢wah: the flow of activities Muslims do in illuminating the teachings of Islam. Dhimmi: the name of a non-Muslim citizen in the Islamic State. Ahludhimmah or Dhimmiyeen: plural of Dhimmi. Jezyah: the name of the religious tax for non-Muslims in the Islamic State. It is equivalent to the religious tax taken from Muslims, but Jezyah is a lesser amount of money that has many exceptions. Part Two: The Situation of Freedom of Expression Historical Background It is very important, before starting writing about the situation of freedom of expression in the statutory and the Sharia Law, to explore the general historical climates which preceded the emergence of both laws. That will give a kind of understanding of how much the improvements on the situation of freedom of expression both laws have achieved. * A Glimpse on Freedom of Expression in the West before the Renaissance The period which preceded what is known in Europe as the Renaissance was full of conflicts among the different castes of the European communities in general. That conflict took several forms. A prime one was the conflict between the Church and scientists and that between authority and people. Howard Turner describes a side of such conflicts: ââ¬Å"The Middle Ages in Europe had long been dominated by an unending conflict between Church dogma and a kind of humanistic and individual quest for intellectual liberation. â⬠Church and authority used to be allies and each institution worked for the protection of the other at the expense of peopleââ¬â¢s lives. They used to impose restriction on freedom of expression and there used to be no respect for peopleââ¬â¢s privacy. There was also a kind of blackout on external knowledge, fearing that it might undermine their power or alliance. The Thirteenth century was an ââ¬Å"age in which kings and barons reacted to an insult by lopping off the offending tongue- or headâ⬠¦ The crime of ââ¬Ëscandalum magnatumââ¬â¢ expressly protected ââ¬Ëthe great men of the realmââ¬â¢ from any statements that might arouse the people against them. â⬠In France, for example, the king used to say ââ¬Å"I am the stateâ⬠and gave no space for people to have control in running their own or private life. The Church used to control science. Therefore, knowledge it saw as right, used to be spread, and that it saw as wrong, used to be damaged. A blockage was imposed on scientists and thinkers. In 1614, Galileo was accused of heresyà by the Church for his scientific theories. Eighteen years later, in 1632, he was sentenced to life imprisonment which was reduced to permanent house arrest after he had been obliged to withdraw his theories before the public by the Church. That time was the worst for womenââ¬â¢s freedom. Women were inferior to men, troubled with Eveââ¬â¢s sin. They were subject to the authority of their fathers or their husbands. Violence in marriage did occur and was even encouraged. â⬠The dark life of that age pushed people to seek a kind of salvation through knowledge, especially, after the appearance of new thinkers affected by the Muslimsââ¬â¢ civilisation. According to Turner, the ââ¬Å"Christian Westâ⬠inherited the ââ¬Å"scientific legacy from Islam. Thanks to increasing cultural traffic with Muslim lands via the busy Spanish and Sicilian gateways, the thriving routes of Mediterr anean and overland commerce, and the contacts left over from the Crusades. People sought to reinforce the principles of freedom and justice, which was clear in the slogan of the French revolution which was: liberty, equality and fraternity. The revolution in real freedom of expression has been from the Renaissance until today. However, there are still some issues which emerge from time to time that necessitate amendments of the existing laws or constituting new ones. * Freedom of Expression in Arabia before the Sharia Law In Arabia, there used to be kind of freedom of expression, but there was no justice. For example, men used to sit with each other and think about issues related to their tribes. But that right to give an idea or express an opinion was only for masters. Societies there used to consist of three castes: masters, subjects or alliances and slaves. In addition, that right among the masters was only for men. Women used to be suppressed and were not allowed to share opinions either in public affairs or even in family affairs. Women were used in the same way as goods. There used to be a diversity of religions. Arabia included pagans, Jews and Christians. But the most common was paganism. Surely, that kind of diversity hints at a kind of freedom of religion, but the opposite was the norm. Paganism, represented in worshiping idols, was the religion of the mainstream Arabs in Arabia and they used to keep an eye on those who converted to other religions. If they were young, they used to be fought; if they were old, they used to be left free since they could not affect others. Of course, chiefs and masters of tribes used to be happy with that kind of life because it helped them keep strong control over their subjects. However, suppressed castes needed any kind of powerful justice to liberate them from the chains of the different forms of slavery. From amongst that darkness, the message of the Sharia was revealed to the Prophet Mohammed (PBUH) to spread the justice and freedom among people. It is widely known among historians that a reasonable number of the people who joined the Daââ¬â¢wah at the early stages were from the ordinary people or alliances and slaves. Some of the masters asked the Prophet (PBUH) to dismiss them from around him if he wanted them, the masters, to join the Daââ¬â¢wah. Of course, ordinary people always lead reforms. A group of Muslim emigrants fled the persecution of their relatives in Mecca to Abyssinia and there was a short dialogue in the court of Abyssiniaââ¬â¢s king, who was a true Christian. Their representative described the situation of Arabs before the Sharia and what the Sharia came with: ââ¬Å"O king! We were plunged in the depth of ignorance and barbarism; we adored idols; we lived in unchastity; we ate dead animals, and we spoke abomination. We disregarded every feeling of humanity, and the duties of hospitality and neighbourhood. We knew no law but that of the strong. At that time, God raised from among us a man of whose birth, truthfulness, honesty and purity we were aware, and he called us to the Unity of God and taught us not to associate anything with Him. He forbade us to worship idols and enjoined us to speak the truth, to be faithful to our trusts, to be merciful, and to regard the rights of neighbours. He forbade us to speak ill of women and to eat the substance of orphans. He ordered us to flee from vices, to abstain from evil, to offer prayers, to render alms, and to observe the fast. â⬠Constituted Rights to Freedom of Expression * Freedom of Expression in British Media Law As I have mentioned from the beginning, I am going to take the British law as an exemplar to represent the statutory law in this research. Therefore; I see that I have to propose an overall look at the British law and to see the situation of freedom of expression through it. British Law Unlike other countries, Britain does not have a written constitution. Referring to Britain, Tom Baistow says: ââ¬Å"This country is the only one in the EEC without a written constitution and the only one without the press laws that form one of the most important guarantees of freedom of expression. However, it has a good record regarding the respect of freedom of expression. It got this reputation throughout historical fights of the British nation to attain freedom and adopt democracy. And as an ideal example of the fight to reach this situation, journalism in Britain ââ¬Å"went through a brave battle against constitutional restrictions on publishing in the 19th century and could extract the right t o comment and publish. â⬠Freedom of expression became one of the most respected freedoms as a kind of a social norm among the British people. It is believed in Britain that free speech is a significant pillar of a free democracy. The Royal Commission on the Press in 1977 defined freedom of expression ââ¬Å"as that degree of freedom from restraint which is essential to enable proprietors, editors and journalists to advance the public interest by publishing the facts and opinions without which a democratic electorate cannot make responsible judgement. â⬠This definition shows how the British believe in the vital role that freedom of expression plays in educating the public to be able to take right decisions in elections. It means that it is the main guarantor of a free democracy which is the main principle of a free State. Therefore, Solaiman Saleh described the situation of freedom of expression in Britain, despite the lack of a written constitution, saying: ââ¬Å"The principle of a free press is reinforced in the collective conscience of the British. That forms a better protection which outweighs any written constitution. â⬠Saleh continued explaining that it became a part of the British understanding of freedom of speech that the government does not have the right to interfere in the workflow of mass media. It cannot issue warrants, for example, to close any news platform, have pre-publishing restrictions/instructions or suggest amendments in the administrative systems or editorial policy. This is how James Curran portrayed the British press after the Second World War: ââ¬Å"The press became fully independent of political parties and hence government. â⬠The independence of the press gave it a great deal of space for free speech as well as unlimited power against governments. This was clear when the best wartime leader, British Prime Minister, Winston Churchill, demanded an immediate closure of the Daily Mirror over its coverage of the conduct of war. That decision was followed by rough debates in the House of Commons and huge popular protests in Trafalgar Square and Londonââ¬â¢s Central Hall that pushed Churchillââ¬â¢s government to withdraw the decision against the Daily Mirror and, even, lift a ban previously imposed on the Daily Worker. Mass media regulation is only the role of the Parliament and Judiciary. In reply to the argument that the parliamentarian majority which forms the government may adopt any law suggested by it, Saleh argues that people who believe in the concept of freedom of expression will protest against the parliament and oblige it to stop the new law or to dissolve. The incident of the Daily Mirror mentioned above is a very clear example of that. The main pressure was represented by ââ¬Ëorganised protestsââ¬â¢ in Trafalgar Square and Londonââ¬â¢s Central Hall. In addition, Hanna and Banks say in McNaeââ¬â¢s Essential Law for Journalists: ââ¬Å"Section 19 of the Human Rights Act created a requirement that a Minister introducing a Bill into Parliament must declare that its provisions are compatible with the European Convention, including thereby a commitment to freedom of expression. â⬠Despite all the facts mentioned about the battles towards the freedom of expression in the English society, a sufficient protection for that freedom, which keeps up with the public-interest journalism, ââ¬Å"from attacks for discomfiting the government or the judiciary or the wealthy private litigantsâ⬠was not completely guaranteed. It is guaranteed by the adoption of international treaties, in which English writers and lawyers took a big part in constituting them, into the British law. Since then, clear articles of these treaties have become legal codes in the British law that guarantee a better freedom of expression. Throughout these facts, I can come to a conclusion that freedom of expression in Britain has certain principles that are clear. The main three principles could be summed up as following: 1. Government has no power against mass media. Robertson and Nicol explain how a government official does not have any privilege over the public in this regard. They say that if any official wanted to stop a news story, he has to go to the court the same as the public do. It means that government cannot control or suppress the voice of any single person directed to the public via any medium. It is believed that this is a sign of a free democratic State, but not in an arbitrary sense. Therefore, mass media have to be credible, and offenders should not escape punishment. John Whale quoted Sir William Blackstone, the eighteenth-century jurist, saying: The liberty of the press is indeed essential to the nature of a free State; but this consists in laying no previous restraints upon publication, and not in freedom from censure for criminal matter when published. â⬠2. Mass media are owned by the private sector and, therefore, it represents citizens before the government. However, citizens are stronger than the government in the democratic regimes; it means that mass media can publish any kind of opposite opinions without fearing suppression or oppression of the government. 3. Mass media turn to the public to face censorship. Robertson and Nicol say: ââ¬Å"The best antidote to censorship is publicity. â⬠When the government wishes to practice a kind of censorship, journalists can publicise that practice and the government does not have any power to punish them. The incident of the Daily Mirror mentioned above is a clear example on the three points mentioned. It shows how mass media are stronger than governments, how mass media speak on behalf of the public and how the public exerted pressure through protests that pushed the government to retreat from the closure warrant against the newspaper. Freedom of Expression in the Sharia Law The most prominent characteristic of the Sharia Law is that it is a religious law. It means that it has more emphasis, in all branches, on religious and moral values than other laws. Mohmmad Kamali says: ââ¬Å"This can, perhaps, be clearly seen in reference to the Sharia rules pertaining to blasphemy, heresy and disbelief , where the dominant concern is to defend the dogma and belief-structure of Islam. â⬠Muslim scholars and thinkers believe that this characteristic of the Sharia Law gives it a spiritual power, which is effective to keep stability of societies. Based on his understanding of the Islamic beliefs and to confirm that defending the dogma and belief-structure of Islam achieves social stability, 20th century Muslim thinker and reformer Sayyed Qutb, who interpreted the Holy Qurââ¬â¢an, says: ââ¬Å"Social, economic and religious organisation goes side by side with a true ethical code and dogmatic beliefâ⬠¦ in a complete, comprehensive, balanced and precise way. â⬠Regarding freedom of expression and to show how much positive effect religion has on it, the Western writer, Patricia Crone, shed light on the way Muslim thinkers understand the relationship between freedom and religion. Patricia Crone reported Al-Ghazali, a famous medieval Muslim philosopher and reformer, explaining freedom in the Sharia as ââ¬Å"no humans had the right to impose obligations on other humans, whether they were rulers, masters, fathers or husbands, or for that matter prophets; only God could do so. â⬠Of course, Al-Ghazaliââ¬â¢s understanding of that concept of freedom was based on the Holy Qurââ¬â¢an and the Holy Sunnah. Allah (SWT) asked his Prophet Muhammad (PBUH), in the Holy Qurââ¬â¢an, to tell people that he is a human like them.
Friday, January 3, 2020
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