Competing Against Low Cost Steel Imports

Competing Against Low Cost Steel Imports Nucor is the second largest steel producer in North America on total production capacity in the end of 2006, with 18 plants. With the year 2006 Nucor was the most profitable steel producer by having the capacity to produce 25 million tons of steel with revenues of $14.8 billion and net profits of $ 1.8 billion. In the late 1960s Nucor established the steel mini-mill industry and since that time, mini-mills have become broadly exist in the large incorporated steel companies out of most niche markets. Nucor in the late 1980s made a brave entry into the flat-rolled steel market, afield of big steel. Nucor follow low-cost leadership strategy, product development by using innovation and technologies, quality systems, strong relationship between employees and productivity, corporate culture and using focus diffrenation, in order to reduce and achieve low costs per ton produced. The market share of Nucor increased by 17% in both years 2005 and 2006. According to the four generic competitive strategies Nucor follow low-coast provider strategy as their strategic direction. They are determined to attain lower overall costs then rivals and tempting to a wide range of consumers. Nucor followed growth strategies which are new acquisitions, new plants construction, continued plant upgrades and cost reduction efforts, and joint ventures. Nucor internally has established a raw materials strategy to control directly and indirectly through global growth with joint ventures, the production of 6 to 7million tons of iron of high quality metals for consumption of its steel mills. Such acquisition is imperative to meet buyer demand for manufactured steel goods. Nucor has a wide array of products and each product must go through a different operations cycle. This is an implication to the efficiency of each unit. Nucor externally has the ability to deliver shipments anywhere in USA. This is a profitable competitive advantage that ensures quick and on-time delivery of products. Nucor ad opts successful marketing and sales strategies. In line with its goals of becoming a global player, it continues to build long-term relationships with contract customers who purchase value added products, 92% of the production of Nucors steel mills was sold to outside customers in 2005-2006. It shows how Nucor is maintaining long- term contracts, and maintaining profitable value-added products. Nucor is known for developing and commercializing new efficient product technologies for the steel manufacturing business. The same enables it to reduce its operating costs and compete effectively in the market. Considering Nucor infrastructure, centralization at the company in the early 2000s has supported the current success and supported the various units. Solid training and employee relation building contributes to the continuous growth. As for services and quality, Nucor focuses on fast delivery and increased customer integrated technologies. Quality control is considered important to ma intain the durability and exact specifications of the manufactured product. Considering political factors, variations amongst countries laws provides favorable and unfavorable circumstances for a large company to do business in that country. Nucor deals with tax policy in USA paying federal, state, and local taxes, affecting its bottom line. Nucor has to understand the taxes of other countries planned for contracts implementation. As for economic factors, exchange rate fluctuations and interest rate changes are considered by Nucor as bases for decisions on expansion, and competition. Markets are attractive for steel companys entrance when the currency is week, and interest rates low. No greater advancement has had more impact on the steel industry than the recent technological improvements. While many industries are outsourcing much of their manufacturing, Nucor has been able to undertake the opposite approach and expand in the domestic market. Technology increases efficiency of fac tories, decreases inventory, and enhances product quality. The efficient mini-mill is an example of this. Strategic Issue Given the internal and external factors, that steel situations in the world had been improved by 2005-2006. The prices were higher in the U.S by 50% in 2000 as well as Nucors Sales. However foreign steel companies, dumping in home domestic market and U.S market below market prices that leads to over capacity and more supply than demand. Inside US and Outside US market. The Demand increased by 6% should Nucor continue focusing on the U.S steel market or begin to expand into another foreign markets? Or should they have to deal with budding volume of low priced foreign imports in the US market and how to compete with foreign steel producers? Do they need to expand the capacity of the company steel-making and start building new plants, new acquisitions, and new joint ventures? External Environment External factors include those influences cut side the industry in the macroeconomic that should be considered in shaping the companys strategies in long-term direction are legislative factors, economic, socioeconomic, and technological factors. Political and Legislative Businesses are heavily regulated, from state to federal to international. These regulations challenge the ease of achieving profit margins. A business must deal with the local laws and regulations of another business when attempting to compete in a foreign territory. For Nucor Corporation, the growing international competition requires addressing and dealing with various types of laws, mainly taxation. Nucor deals heavily with the tax policy and regulations in the United States paying federal, state, and local taxes. Each imposes heavy effects on their bottom line. Taxes however do not always negatively impact a business. Many international steel companies were selling their products at below market cost to undercut domestic competition. Taxes imposed protect the domestic industry. The same is important when competition is high. Nucor is a large company that is subject to international trade agreements. It is financially essential for a company to understand the costs associated to all regulations and tariffs on import and export processes, especially that competition ad globalization are required to maintain profits in the future. Economic factors As Nucors strategy has always been to become a market leader, much of its growth comes from international markets, especially developing ones. Thus, it is always exposed to exchange rate fluctuations. Markets become attractive when their currency is weak. This was the situation of the steel industry during the economic downturn in 2001. When markets become attractive due to weak currency, the demand for steel would increase and consequently the supply to meet the increasing demand. To finance the large expenditures, loans are very common. As interest rates decrease, corporate loans increase to create an expansionary economy. The same will create positive effects on corporate spending of major steel buyers, and consequently suppliers. Hence, steel demand and supply would increase. Socioeconomic factor Steel industry operates on a business to business model. The same allows for greater efficiency and protects from the risk impact of negative social factors. These factors include consumer behavior, fashions, geographic location, consumer thoughts, ectA company like Nucor must understand the sub-cultures of each market segment where it exists, and concentrate on the most profitable. Nucor considers expansion through acquisition. This carries along the risk of mixing two distinct cultures. Nucor must be able to preserve and embrace new knowledge employees, skilled labor, and other valuable assets. Moreover, the existing individual cultures can be a source of risk, so assuring adequate safety environment should be a priority. Nucor differentiates itself by high wages, incentive based pay, and a flat organization. Each of these has a positive impact on the existing Nucor organizational structure. The existing challenge and risk would be to create equilibrium between preserving a positive culture, and an increased profit strategy of which lower wages is somehow a must. Nucor Corporation recognizes its role in protecting the environment. It gives attention to the environment of the communities in which it operates and recognizes its importance to the employees. Protecting the environment is critical to its operations and long-term success. To illustrate, Environmental compliance is a priority for Nucor management equal with all other business functions. Technological factors While many competitors within the steel industry are outsourcing many of their manufacturing due to increased technology, Nucor is able to take the opposite approach and expand in domestic market. Technology increases efficiency, decreases inventory, and improves the product quality. Nucor, for example was able through the new technology used to efficiently use the small factory production mini mill to increase its capacity utilization. The mini-mill simplifies the process when compared to the more tradition integrated mill. It cuts many corners in the production cycle and also uses larger percentage of scrap metal. This in return reduced the amount of pollution from making steel significantly by eliminating the several elements of the old blast furnace process. Technology also provides greater enhancement for engineering and sales. The products have detailed computerized models with test statistics, and efficiency attributes. The sales department is able to directly deal with customers through the internet. Transactions are seamless and process quickly. Technology has enhanced the steel industry processes but it has its draw backs that need to be considered. For example, computer failure, database errors, and any simple user error can affect the business. Having specialists and IT managers will have its positive impact on controlling these risks. Industry Analysis There have been two major factors influencing the steel industry- consolidation of global companies, and revolutionary technological changes among competitors affecting prices, production, and consumer satisfaction. National boundaries have melted to encompass an ever increasing world market. Since, the beginning of the 21st century, the industry has been hovering around 75% capacity utilization, a level too low for many companies, thus, forcing them to globally consolidate. Examples of these consolidations are the three European companies who merged to form the worlds largest steel producer and the two Japanese companies who did the same to form the second-largest steel producer. Driving Forces The defining characteristics of the industry are increasing globalization of the industry, and technological changes. As for globalization, it is a driving force as it will have an effect on the overall industry growth. When considered, globalization will pave the way for consolidation between companies allowing them to be strong players in the industry where their success or failure will have an impact on the overall industry growth. Technological changes can have great impact on the industry. When more improved technologies are used, production and prices will be affecting the industry growth. The global steel market grew by 8.2% in 2007 to reach a value of $529.7 billion. In 2012, the global steel market is forecast to have a value of $759.1 billion, an increase of 43.3% from 2007. Key Success Factors The Key success factors (or KSFs) are competitive factors most affecting every industry members ability to prosper. KSFs include; Necessary resources, competencies, and capabilities (organizational style) Competitive capabilities Expertise in a particular technology Scale economies or experience curve benefits Strong network of wholesale distributors, and suppliers Nucor was established in 1966 and continues to grow strongly according to a number of key success factors and strategic organizational strengths. The companys organizational style is remarkable and features a number of factors that contribute to Nucors success. First, the company employs a decentralized business style. In 1966, Iverson assumed the role of president to be decentralized manner has been used and been very successful. A decentralized business style distributes the administrative responsibilities or powers among several authorities rather than a large number (Decentralization). This style has permitted Nucor to empower their managers and employees. By Improving the level of empowerment allows each division manger control over day-to-day decisions and transactions that will increase profitability. Nucors decentralized business style also helps the Co. to be lean. Lean manufacturing incorporates the production of goods using less waste, less human effort, manufacturing, too ls, inventory, and less time. Equivalent to their lean business style, Nucor is continually seeking for improvement. Stable aim to decrease production cost is always a priority and ultimately helps to lower costs of steel to buyers. Moreover, a focus on dealing with employees helps in reducing employee turnover and increase productivity. Safety is an important consideration for Nucor and is consistently monitored and improved. Employee surveys are conducted every 3 years which helps to give an insight on employee attitudes and concerns. Management then compares the surveys across plants and divisions to control potential problems areas and increase employee satisfaction. Finally, Nucor focuses on creating strong relationships with outside parties. This enables it to establish long-term sustainability with these parties. Furthermore, structure and supply cost will often be decreased which allows for lower costs for buyers. Strong relationships established ensure long-term sustainability and lowered prices for Nucor. The booming business structure of Nucor along with the management styles implanted has allowed the Co. to become a leader in the industry. The Company has established a reputable brand and has created brand awareness both domestically and internationally. It currently has a significant market share of the U.S. market and is budding as a global leader in tough industry. Moreover, their increase in size has helped them increase production capacity. Last but not least, Nucor has a strong technological focus and is works at all times to boost manufacturing and production pace. Innovation also is always considered and helps the company remain a leader. Being the largest steel manufacturer, Nucor remains a profitable company in one of the most cyclical industries in the economy. Nucor enjoys this success for several reasons, employee relations, quality, productivity, and aggressive focus on innovation and technical excellence. Nucors strategy low cost providing, they know they are selling a commodity for which the competitive edge in the industry is lowering prices through innovation and productivity. Firms in other Industries Offering Substitute ProductsPorters five forces analysis Suppliers of Raw Materials, Parts, Components, or Other Resource Inputs Rivalry among competing Sellers Competitive pressures created by the jockeying of rival sellers for better market position and competitive advantage Buyers Potential New Entrants They five competitive forces affecting industries attractiveness are: Competitive rivalry: (High Threat) The global competition in the steel industry faces Nucor and the vast array of competitors that fill the industry. Intense competition among competitors in the domestic market of Nucor causes a cyclical effect within the industry. Each competitor strives to win bids of contracts, causing a stiff price war in the market. As price is the main factor for differentiation among competitors and it is the bases of the industry, the company with the lowest fixed costs will survive the longer, and be the most profitable. Nucors use of both base pay and incentive pay ensure output is relative to pay and, therefore, decreases its fixed costs. The business model differentiation is also primary means of competition. Nucor has a decentralized structure with control being at the factory level. This advantage allows for focused decision making, and efficient use of profits. Extremely high exit barriers are a major risk to competitive competition. During times of economic downturn or overproduction, inefficiencies are weeded out. The United States boasts one of the strongest protections for businesses with its bankruptcy laws to ensure they can make it through these tough times. Counter this though, the U.S. also has some of the toughest laws against closing inefficient plants. Extremely high exit barriers are a major risk to competitive competition. Competition from Substitutes: (Low to moderate Threat) This threat is considered low as there are few substitutes for the use of steel. From auto manufacturing, to structural supports, to fasteners, there are relatively few products available with the strength, durability, and cost efficiencies of steel. The largest alternative to steel would be use of another material. Plastics are on the top of the list, but have not found the same durability as steel. Wood may have aesthetic appeal but cannot combat with steels robustness. Alternatives increase market presence at times of economic downturn and times of increase in steel material cost. To hedge this threat many manufacturers maintain inventories of steel reserves. Large companies also trade steel futures to ensure stability of price and guaranteed supply for a future specified time. The goal is to maintain low costs and market share during times of economic fluctuation. Bargaining Power of Buyers: (High Threat) The buyers impose the greatest; they are the bases for price competition by influencing the demand. The ultimate goal of the buyer is to get the best quality product at the lowest price. The ultimate goal of the seller (Nucor) is to get most attainable profit for the least cost. Because the market is filled with numerous suppliers and taking into account the two different goals of suppliers and buyers, the steel industry is commonly a buyers market. Bargaining power of Suppliers: (High to moderate Threat) The supply of raw materials, steel shreds, iron ore, or recycled steel can have a great effect on the cost strategy. Most of the steel used for manufacturing in US is imported. Due to the difficulty in suppliers ability to constantly meet the demands of the companies such as Nucor, joint ventures between suppliers and manufacturers are established. The same ensures low costs for manufacturers. Acquisition of the supplier might also be undertaken by the manufacturer. Also, the power of unions labor and unionized labor, could affect the labor costs for steel produces in placing weak competitive force and on cost disadvantage vis-à  -vis firms with nonunion labor. The Threat of Entry: (Moderately Strong Threat) The main determinate for an entry into an industry is the costs associated. Barriers to entry have increased due to merging and globalization growing of many competitors. Economies of scale and capital requirements are the greatest barriers I the steel industry. Larger quantity orders of raw materials are usually discounted. Higher production volumes directly discount the associated costs. During times of strong growth, such as the 1960s-1980, economies of scale are very good. During stagnation or recession, these approaches often cause diseconomies due to under utilization of capacity. Product differentiation is also a major barrier to entry. Steel is not sold on its overall difference, but more commonly on price. Many manufacturers utilize the same technologies and process. Price wars are seen in minimization of fixed costs as stated earlier. Directly with this, there are few switching costs from one manufacturer to another. Little brand loyalty is recognized in an industry that does not appeal to consumer loyalty or brand image. Entrants must find a way to compete based on lower costs. Access to raw materials is additionally a barrier. Many times raw materials must be bought in large quantities (economies of scale). The cost disadvantages associated with small material purchases can be huge and directly increase overall manufacturing costs; this make competition challenging in a market where margins are already slim. Government policy is not a major threat to entry on the domestic level, but at the international level the barriers are enormous. Well established relationships by large steel manufactures with governments allow for easy creation of contracts in a foreign territory. The creation of these contacts takes time, executive work hours, and vast amounts of money. As most steel manufacturers must be globally competitive to maintain profits, government policy is threatening entry barrier. At first glance it may seem the mature steel industry would not be very attractive. This may be true to a new entry on a small scale, but with the advance of globalization the steel industry is again becoming very attractive. Industry Profile and Attractiveness The Industry position and competitive structure future for a low-cost steel producer such as Nucor is attractive due to the good shape of their financial situation to gain sales and market share however the industry market environment maybe un attractive to some rivals but for some other rivals it may indicate some opportunities. The demand for steel globally has been rising strongly in recent years, and this is likely to continue. The industry has become attractive for new entrants from the international market since these companies are not burdened by union contracts and since governments may provide special incentives in order to help them establish a customer base in steel, which can help in forming an important part of a nations economic infrastructure. Although the U.S is already dumped with outsider steel products, it is still considered to be a reliable and potential market for other global companies. As summary of the Nucor case gives many insights into the company and the industry. In general, the steel industry is a very strong industry to compete in successfully. The question here is the steel industry an attractive one? The answer would yes, if the entering company is already in the industry and well set up and highly regarded. Moreover, its very important that the company is in a position to acquire other companies and/or form joint ventures. Nucor currently has done an amazing job moving itself up from near bankruptcy to an industry leader. Major numbers of challenges have been met and overcome throughout the companys life. However, this does not mean that there will not be more major challenges for Nucor. Nucor is nowadays is facing growing competition from both domestic and international rivalries. Its critical that Nucor continues to grow and increase global market share. Current management must continue to specialize in Nucors core product and capitalize on a proven suc cessful organizational structure. Can Nucor continue to succeed as a global steel company into the future? This is the main concern. Nucor is capable of continuing its entrepreneurial spirit as it grows larger because its marketing and management techniques. Since Nucor has been an innovative and risk-taking company, their profits will continue to expand. Nucor has embodied techniques that have been profitable to the company. An example of these techniques is the fact that Nucor managers would set standards for quality and output for groups of 25 to 30 employees and reward them with weekly bonuses. By emphasizing quality and efficiency in employees and then rewarding them for it, Nucor only increases its own profits. Company Situation Nucor Situation Introduction Nucor deals with key specific issues in the steel industry including the fast growth of steel producers in the world reflecting as an increased capacity in steel production creating prices war, and the competition in an industry where technology usage has been a way for saving costs. Despite their specialization into steel, Nucor Corp. has become a benchmark for both the U.S. steel industry and U.S. industry in general. Nucor is one of the fastest growing and most efficient steel producers in the world. Despite the declining demand for steel, Nucors growth has been phenomenal, from pouring its first batch of steel in the 1960s to support in-house operations; the company has become one of the top five producers of steel in the U.S. Nucor has repeatedly achieved technological feats other steel producers thought impossible. Their hourly pay is among the lowest in the industry, yet they have the highest productivity per worker of any steel producer in the U.S. But can it continue to do so? Financial Analysis According to Nucor Corporation Financial Ratios data for 2005 2006 provided in Table 2 Profitability  [1]  : Profitability ratios are used to assess a businesss ability to generate earnings as compared to its expenses and other relevant costs incurred during a specific period of time. For most of these ratios, having a higher value relative to a competitors ratio or the same ratio from a previous period is indicative that the company is doing well. Gross profit margin FYE  [2]  12/06 increased by 14% reflecting an increase in sales for 2006. Liquidity ratios remained almost the same reflecting the continuous ability of the company to meet its obligations and invest further in the new technologies adoption strategy. Activity  [3]  : Are ratios that measure a firms ability to convert different accounts within their balance sheets into cash or sales Inventory turnover and total asset turnover were positive and closely in-line with past results. Nucor maintains the ability to draw class investors with its relatively strong financial performance, though down a bit from previous years. The increase in activity ratios is affected by the increase in sales FYE 12/06. Leverage  [4]  : Ratios used to calculate the financial leverage of a company to get an idea of the companys methods of financing or to measure its ability to meet financial obligations. There are several different ratios, but the main factors looked at include debt, equity, assets and interest expenses. Leverage ratios decreased by 1% FYE12/06 as compared to year 2005. The same reflects the ability of the company to meet its obligations and the reduction in reliance on leverage to meet its strategic plans. As globalization and acquisition is the focus, the leverage ratios are important. Debt has remained relatively low as compared to assets and equity, 23% and 44%respectively. Liquidity  [5]  : Are ratios used to determine a companys ability to pay off its short-terms debts obligations. Generally, the higher the value of the ratio, the larger the margin of safety that the company possesses to cover short-term debts. The current strategies may require short-term loans to finance acquisition. With these ratio levels, Nucor is in the position to shop for good interest rates. Total cash reserves for 2007 were roughly $1.4Billion, which will directly aid a globalization and expansionistic approach. As conclusion, at the end of year 2006 Nucor was in very good shape financially and the financial performance is strong for the 2004-2006. The date in table 1 shows how Nucor increased tons sold during the year 2000- 20006 with increasing in sales and market share of their products. SOWT Analysis In this part which is simply but powerful tool for sizing up a companys resource strengths and competitive efficiencies, its market opportunities, and the external threats to Nucor future well-being of Nucor Table 2. Nucors strengths Technology Innovation: Is one of Nucors key strengths due to the amount of resources they can save because of it. Nucor also has established plants with low pollution levels. The ability for Nucor to use this to its advantage allows them to be more competitive with the market by substantially lowering their production cost. It also allows them to be environmentally friendly, which is a huge worldwide social concern these days. Continuous Innovations allows Nucor to hold its technological edge on the competition. Nucor is always moving and always improving its business cycle through the use of continuing innovation. Nucor is an industry leader when it comes to innovation. Strong market position: Nucor Corporation has many different competencies that allow it to hold a strong position in the steel industry. These include its adopted new technologies, successful management structure, strong established market relations, and the long successful existence in the market. The company has marvelous industry position and positive financial results for the past over 40 years. Corporate Philosophy: One of Nucors strategic strengths is its philosophy of empowering its workers and reducing the inefficient layers that plagues corporate. Company structure is decentralized with minimal management layers. Cost control: Nucor focuses on cost control. To be competitive in a market with little product differentiation, price is the main competitive factor. One of Nucors core competencies is that its expertise in keeping costs low. The same is maintained by adopting technological innovation that helps increase production at lower costs. Nucors Weaknesses A weakness is something a firm lacks, does poorly, or a condition placing it at a disadvantage in the marketplace and these are;  [6]   Missing capabilities in key areas leading to dependence on a volatile market location: Nucor faces some significant weaknesses with its location. Nucor has plants, all of which are located within the US. The problem is that Nucor cannot effectively serve international markets as good as competitors having plants worldwide. The shipping of steel to overseas countries is extremely expensive. Nucor is not in a great market position. Customers can go some place closer to buy their steel essentially knocking off a large shipping cost. Nucor also does not give deals on quantities purchased. Nucors most significant weakness lies with its domestic market. With the US Market being its primary customer base, Nucor is not able to offset losses because of a diversified location worldwide. Nucor is currently in a Market where growth is declining significantly. Deficiencies in competitively important physical, organizational, or intangible assets through high expansion and technology costs: The expansion policy accompanied with dependency on scrap steel and energy prices and the vol

Media Law Case Studies Essay

1. Whether, as a Member of Parliament (MP), the Accused’s right of free speech in Parliament, given by sections 3 and 8 of the Houses of Parliament (Privileges and Powers) Ordinance [No. 15 of] 1952 and Article 63(2) of the 1957 Federal Constitution, has been validly limited by the subsequent amendment made to Article 63 with the addition of Clause (4) by the Constitution (Amendment) Act. 1971 (Act A30). 2. Whether the Accused’s right of free speech in Parliament is part of the Constitution’s basic structure or a fundamental rule of natural justice, thus rendering any supposed amendment of the Constitution seeking to limit such right is void and of no effect. 3. Whether the demand for closure of Chinese and Tamil schools in the process of implementing the national language can be legally and constitutionally treated as questioning Article 152(1) and thus, bringing into operation section 3(1) (f) of the Sedition Act 1948 (Revised 1969), despite there not being a demand for the abolition of prohibition of the teaching or learning of such languages. Reasoning 1. While Sections 3 and 8 of the Houses of Parliament (Privileges and Powers) Ordinance 1952 as well as Article 63(2) of the Constitution grants an MP freedom of speech in Parliament without being held liable to be prosecuted or questioned in court, the subsequent addition of Clause 4 in Article 63 states that Clause 2 is not applicable to any person who has committed an offence under Article 10(4) or the Sedition Act 1948. Noting that the Accused is charged via the Sedition Act, it is clear that the Accused’s right of free speech in Parliament is limited by Clause 4 of Article 63. 2. The Accused’s right of free speech in Parliament is not instrumental in forming the basic structure of the constitution. Thus, it was deemed  unnecessary to decide whether or not any amendments made to said Article will destroy the Constitution’s basic structure. In addition, the Accused’s right of free speech is not part of the fundamental rule of natural justice. Therefore, the amendments made to Article 63 – the addition of Clause (4) limiting MPs’ right of free speech in Parliament – are valid. 3. It was decided that it would be premature and speculative to answer this question at the present stage. The answer is deemed to be bound up with uncertain facts of the case and any proceedings made would be based on assumptions. Counsel was advised to forward the submission prepared to the trial Judge, of whom the case was further referred to. Held The case was accordingly directed to the learned trial Judge for continuation and disposal in accordance with the aforementioned judgment and otherwise according to law. Title and Citation Public Prosecutor v. Param Cumaraswamy [1986] 1 MLJ 518 Facts The accused, Vice President of the Bar Council Param Cumaraswamy, was charged for committing an offence under Section 4(1)(b) of the Sedition Act 1948 (Revised 1969) for uttering seditious words during a press conference at the office of the Selangor and Federal Territory Bar Committee on 24 July 1985. The accused was making an open appeal to the Pardons Board to reconsider the petition of Sim Kie Chon, who was charged under the Internal Security Act for possessing an unlicensed forearm, for the commutation of his death sentence. Issues 1. Whether the words uttered by Cumaraswamy can be considered seditious under Section 3 of the Sedition Act. 2. Whether the statement made by Cumaraswamy incited feelings of ill-will and hostility between the different classes of the Malaysian population under Section 3(1)(e) of the Sedition Act. 3. Whether the statement made by Cumaraswamy incited hatred or contempt or excited disaffection against the Authority under Section 3(1)(a). Reasoning 1. Uttered words can only be considered seditious if they achieve one or more of the instruments specified in Section 3(1) of the Sedition Act. Section 3(1)(d) of the Sedition Act 1948 states that for uttered words to be considered seditious, it must be capable of raising discontent or disaffection amongst the people of Malaysia. The press statement was an open appeal to the Pardons Board urging them to exercise their powers uniformly so that the people would not be made to feel that the Board was discriminatory. It was agreed by the Court that the words which were used were unlikely to create discontent or disaffection neither among the people nor against the Authority i.e. Yang di-Pertuan Agong, any other Rulers of State and the government. 2. Section 3(1)(e) of the Sedition Act defines an act with seditious tendency that is capable of promotin feeling of ill-will and hostility between different classes of the population of Malaysia. In one part of the press statement, Cumaraswamy pointed out to the Pardons Board that the people should not be made to feel that the Board was discriminating between â€Å"the poor, the meek and the unfortunate† and â€Å"the rich, the powerful and the influential†. The court agreed that instead of trying to promote ill-will and hostility between the different classes of the population, Cumaraswamy was in fact urging the Board not to create the feeling or impression among the population that the Board was discriminating between the different classes. 3. Section 3(1)(a) stated that a ‘seditious tendency’ is a tendency to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government. It should be noted that Cumaraswamy’s appeal was directed at the Pardons Board and not at the Ruler i.e. the Yang di-Pertuan Agong. Hence, it is clear that the statement did not carry the tendency to bring upon hatred of disaffection against the Ruler. Held Mr. Cumaraswamy was found not guilty of sedition. He was subsequently acquitted and discharged. Title and Citation Public Prosecutor v. Pung Chen Choon [1994] 1 MLJ 566 Facts The accused, Pung Chen Choon, editor of newspaper The Borneo Mail, was charged of maliciously publishing false news in The Borneo Mail dated 16 July 1990, stating that Benjamin Basintrol, a priest, had been arrested under the Internal Security Act 1960 (ISA), whereas another priest was on the run from the police and several others were understood to be on the ‘wanted’ list. He was charged with an offence under Section 8A(1) of the Printing Presses and Publications Act 1984 (PPPA). He was prosecuted in the Magistrates’ Court in Kota Kinabalu. A few issues were raised, leading to the case being forwarded to the High Court and subsequently, to the Supreme Court. Issues The following issues of law were presented to the Supreme Court for determination: 1. Whether Section 8A(1) of PPPA, when read with Section 8A(2), restricts the right to freedom of speech and expression granted by Article 10(1)(a) of the Constitution. 2. If so, whether the restriction imposed is one permitted by or under Article 10(2)(a) of the Constitution. 3. Whether Section 8A(1) of PPPA, read with Section 8A(2), is consistent with Article 10(1)(a) and (2)(a) of the Constitution and therefore, valid. 4. Whether Section 8A(2) of PPPA, by presuming that false news by itself is malicious, amounts to pre-censorship and therefore, disregards Article 10(1)(a) and (2) of the Constitution. Reasoning 1. The Malaysian Constitution, unlike the First Amendment to the Constitution of the USA, does not directly addresses freedom of press. However, judicial opinion in India regarding Article 19(1) of the Indian Constitution, which grants all citizens the right to freedom of speech and expression, has established that freedom of press is included within its domain. In regards to that, it is clear that Section 8A(1) of the PPPA does restrict the right to freedom of speech and expression granted by Article 10(1)(a) of the Constitution. 2 & 3. Although not all false news, even if maliciously published, falls within the stated restrictions in Article 10(2)(a), it is possible that the malicious publication of false news could incite acts which jeopardize the internal security of the country, undermine Malaysia’s friendly relations with other countries, lead to disturbance of public  order, and incite the commission of offences. Hence, it can be said that Section 8A of PPPA falls within the orbit of permitted restrictions in Article 10(2)(a) of the Constitution and is constitutionally valid. 4. Section 8A(2) of PPPA is merely a statutory presumption which operates at the trial stage, arising only if the prosecution are able to prove – when prosecuting the accused in court – that the news published is false. Section 8A(2) is, in no way, equated with pre-censorship, which can only take place before publication. Moreover, Section 8A(2) does not restrict freedom of press either directly or indirectly. Hence, the answer to Question 4 is ‘no’. Held The case was forwarded to the magistrate to proceed with the hearing, taking into account the answers to the questions presented, to determine whether the offence charged has been ascertained by the prosecution beyond all reasonable doubt. References Mark Koding v. Public Prosecutor [1982] 2 MLJ 120 Public Prosecutor v. Param Cumaraswamy [1986] 1 MLJ 512 Public Prosecutor v. Param Cumaraswamy (No. 2) [1986] 1 MLJ 518 Public Prosecutor v. Pung Chen Choon [1994] 1 MLJ 566

Mark Twain as a Realist Writer

Considered one of the great American Realist  writers, Mark Twain is not only celebrated for the stories he tells but also the way in which he tells them, with an unmatched ear for the English  language and sensitivity to the diction of the common man.  To flesh out his stories, Twain also drew heavily on his personal experiences, most notably his work as a riverboat captain on the Mississippi, and never shied from portraying everyday issues in starkly honest terms.   Dead-On Dialects Twain was a master of conveying the local vernacular in his writing.  Read The Adventures of Huckleberry Finn, for example, and youll immediately hear the distinctive Southern dialect of that region.   For example, when Huck Finn attempts to help Jim, a slave, escape to freedom by paddling a canoe down the Mississippi, Jim  thanks  Huck profusely: Huck yous de  bes  fren Jims ever had:  en  yous de  only  fren olde Jims got now. Later in the story, in chapter 19, Huck hides while he witnesses deadly violence between two feuding families:   I staid in the tree till it begun to get ​dard, afraid to come down. Sometimes I heard guns away off in the woods; and twice I seen little gangs of men gallop past the log-store with guns; so I reckoned the trouble was still agoing on. On the other hand, the language in Twains short story The Celebrated  Jumping Frog of Calaveras County reflects both  the narrators upscale Eastern Seaboard roots and the local vernacular of his interview subject, Simon Wheeler. Here, the narrator describes his initial encounter with Wheeler: I found Simon Wheeler dozing comfortably by the bar-room stove of the old, dilapidated tavern in the ancient mining camp of Angels, and I noticed that he was fat and bald-headed, and had an expression of winning gentleness and simplicity upon his tranquil countenance. He roused up and gave me good-day. And here is Wheeler describing a local dog celebrated for his fighting spirit: And he had a little small bull pup, that to look at him youd think he wans worth a cent, but to set around and look ornery, and lay for a chance to steal something. But as soon as money was up on him, he was a different dog; his underjawd begin to stick out like the focastle of a steamboat, and his teeth would uncover, and shine savage like the furnaces. A River Runs Through It Twain became a riverboat cub—or trainee—in 1857 when he was still known as Samuel Clemens. Two years later, he earned his full pilots license. As he learned to navigate the Mississippi, Twain became very familiar with the language of the river. Indeed, he adopted his famous pen name from his river experience. Mark Twain—meaning two fathoms—was a navigational term used on the Mississippi. All of the adventures—and there were many—that Tom Sawyer and Huckleberry Finn experienced on the Mighty Mississippi relate directly to Twains own experiences. Tales of Abuse And while Twain is rightly famous for his humor, he was also unflinching in his portrayal of abuses of power. For instance,  A Connecticut Yankee in King Arthurs Court,  while absurd, remains a biting political commentary. And for all his pluck, Huckleberry Finn is still an abused and neglected 13-year-old boy, whose father is a mean drunk. We see this world from Hucks point of view as he attempts to cope with his environment and deal with the circumstances into which he is thrown. Along the way, Twain explodes social conventions and depicts the hypocrisy of civilized society. No doubt Twain had a terrific knack for story construction. But it was his flesh and blood characters—the way they spoke, the way they interacted with their surroundings, and the honest descriptions of their experiences—that brought his  stories to life.

Journalism Has Significant Impact On Politics - 955 Words

Journalism has significant impact on politics According to Wikipedia, â€Å"journalism is gathering, processing, and dissemination of news, and information related to news, to an audience. The word applies to the method of inquiring for news, the literary style which is used to disseminate it, and the activity (professional or not) of journalism.† In our daily life, journalism plays a very important role in spreading the news or information about any kind of topic. When journalists, reporters or writers, etc. write about an issue on newspaper or talk about it on television, they can greatly affect the audiences’ way of thinking about that issue. Some people will say that journalism affects the whole human society. As for politics, many people has been questioning if journalism has political impact or not? The answer is yes, journalism does have significant political impact. The first reason is because journalism is a communicating channel between the government and citi zens. Another reason is journalism, by publishing political-related issue daily, slowly creates a political point of view in people’s mind and provide the audiences with the political information they have to know. In some countries, journalism is even used as a tool by the government to manipulate the citizens. Firstly, journalism is communicating channel between politicians and citizens. To examine the significance of journalism’s impact on politics, just imagine that journalism and everything related to itShow MoreRelatedThe And Skeptics : Evaluating The Credibility Of Mainstream And Citizen Journalism1151 Words   |  5 Pagesconcept of journalism has always been regarded with skepticism. People are not sure which newspapers or news stations to trust. Naturally, the audience gravitates towards mainstream news providers like CNN or The New York Times. These sources, along with many others, have been accepted for their credibility. Recently, however, another source has been capturing the audience’s attention. This source is known as citizen journalism, and its contributions to society have had a huge impact. Whether orRead MoreImpact Of Journalism On Society839 Words   |  4 PagesJournalism has evolved over time. During the eighteenth century, newspapers and magazines were the primary medium of delivering information. The late twentieth and early twenty first centuries have seen the rise of new digital and and networking communication technologies that have propelled journalism to another level. The invention of the radio, television, cameras, and the internet has resulted in the rapid sharing of information with the public. Nevertheless, there is a significant number ofRead MoreThe Impact Of Journalism On Society848 Words   |  4 PagesThe media and the public have had a relationship that has existed for centuries. Through the media, people become aware of events and issues occurring around them. As a result, they make educated decisions. Therefore, the media serve as witnesses of the events happening within our societies and then report them to us. That said, could journalism have a significant political impact in our societies? It is through the media that governments and their citizens communicate. For instance, people communicateRead MoreThe Media And Mass Communication Essay1713 Words   |  7 Pagesand Flickr. There can be no gainsaying that the distinct role of the media, aside from providing entertainment, is the dissemination of information to the general public. The purpose of this paper is to critically examine how the media influences politics. What are the sources of News in the US? According to the American Press Institute (2014), keeping up with the news I an America activity that occurs on a daily basis across different formats, technologies, and devices. As matter of fact, a recentRead MoreJournalism Is The Intermediate Agent947 Words   |  4 Pagesand also the other side of the world. In fact, journalism is the intermediate agent to disseminate the news and knowledge as widely as possible to audiences. People would propose their own opinion rather than believing in what government tells them, and the public opinion would affect government’s action. As a result, journalism absolutely it has a significant political impact on society either directly or indirectly The History of American journalism began in 1690, when Benjamin Harris publishedRead MoreSekaran Bougie Research Process1277 Words   |  5 PagesSekaran Bougie Research Process Abstract The analysis will represent a comparative assessment of an article that appeared in the Journal of Sports Media, Volume 3, Number 1, Spring 2008 entitled Interactive Media and Sports Journalists: The Impact of Interactive Media on Sports Journalists (Wigley Meirick, 2008). This analysis will focus on the first two steps of the eleven step research process outline by Sekaran Bougie (Sekaran Bougie, 2010). These steps involve observation and theRead MoreEffects of New Media on Political Reporting1521 Words   |  7 PagesIn what ways has the ‘new media’ and the changing technology of political reporting affected its quality and availability? Over the last decade there has been a significant change in the way in which the media industry reports political news to their audience. With newspaper popularity decreasing, the computer and television industry are gaining larger audiences at a fast rate. Therefore, this rise of new media has made news reporting quicker and more accessible to readers through the use of technologyRead MoreEssay about Elements of Journalism1032 Words   |  5 Pagesjournalists are trying to fight back is through instituting the nine elements of journalism: journalisms first obligation is to the truth, its first loyalty is to citizens, its essence is a discipline of verification, its practitioners must maintain an independence from those they cover, it must serve as an independent monitor of power, it must provide a forum for public criticism and compromise, its must strive to make the significant interesting and relevant, it must keep the news comprehensive and proportionalRead MoreHow Gender Affect s Women s Role1644 Words   |  7 Pagesascend the top positions comparing to journalism s female students (Lipinski, 2014). On the background of the forgoing facts, the newsroom diversity endures being one of the most important topics amongst scholars and professionals in journalism. The importance of diversity in newsrooms stems from the need for divergent journalists who can cover the variety of community s aspects, so the news coverage would be comprehensive, objective, and fair. However, the fact has been that males often prevail inRead MoreSocial Media Is Pointless And Detrimental1641 Words   |  7 Pagescitizens who had been forced to be loyal to President Bashar al-Assad. Otherwise, they would of been compelled to leave their homes. Referring to Saxon, D.’s case study, Syrian civil war stimulated citizen journalists’ willingness to get evolved in politics (Saxon, 2013). In four-and-a- half years of armed conflict, hot-blooded citizens who were behind the rev olutions employed social media as a temporary press, contributing with their documentaries of the revolutions from the inside of the country.