Celebrity Endorsement In Malaysia Marketing Essay

Celebrity Endorsement In Malaysia Marketing Essay Advertising started to play an active role in advertising when it came to the development of society in the economy in the early 1930s. Celebrities acted as spokesperson, in order to advertise and promote a company products, services or ides. Those celebrities came from the art scene, modelling, sports as well as the entertainment industry (Kambitsis et.al., 2002). When a British actress Lillie Langtry appeared on a package on Pears Soap in 1893, she became the worlds first celebrity endorser. Since radio became commercial in the late 20s and television was introduced in the late 40s, celebrities started doing commercials (Sherman, 2010). Due to this, celebrity endorsement has become one of the most effective tools in attracting consumers. Almost every celebrity all around the world is doing commercials. For examples Jack Benny, an American actor and comedian endorsed Jell-O, a gelatin dessert product in the 30s and 40s, David Beckham with Pepsi, Soon Hye Kyo with Laneige, Ashwarya Rai with LOreal shampoo, Jackie Chan endorses Kaspersky, and many more. In Malaysia, celebrities have also been widely used in advertising. For example, Erra Fazira endorses Lux, Sarimah with Rejoice, Chef Wan with Vesawit and Siti Nurhaliza with Pepsi. This shows that by having celebrities to endorse a product it will not only increase the brand image but also the level of credibility and belief among consumers (Zabid et.al, 2002). Problem Statement Celebrity endorsement has become one of the most employed strategies in promoting a product or a service. This is because celebrities are well-known therefore; they will make the product that is being endorsed more noticeable. Even though this strategy is the most commonly use, there are some companies in Malaysia are still reluctant to use this strategy in promoting its product. Therefore, this research with the title The Effectiveness of Celebrity Endorsement in Malaysia will help the companies by answering questions regarding the topic. They are: What are relationship between advertising and celebrity endorsement? What are the factors that influence the effectiveness of celebrity endorsement? How effective is the implementation of celebrity endorsement in Malaysia? Research Objectives Based on the problem statements stated above, the research objectives are: To review the relationship between advertising and celebrity advertising. To analyze the factors that influences the effectiveness of celebrity endorsement. To evaluate the effectiveness of celebrity endorsement in Malaysia. 2. Literature Review Relationship between Advertising and Celebrity Endorsement Advertising is defined as the promotion of a companys products and services to drive sales and also to communicate changes of new products or services to the customers (Buzzle.com, 2011). Advertising has become one of the essential elements in a business because it does not only help in increasing the sales of the product but also creating and maintaining its image among customers. There are various types of advertising that can be implemented by companies in order to promote its products and services. They are print advertising, outdoor advertising, public service advertising, surrogate advertising, covert advertising, broadcast advertising and celebrity advertising (Buzzle.com, 2011). Print advertising is a type of advertising that uses printing media such as newspapers, newsletters and magazines to convey its message to customers. On the other hand, outdoor advertising communicates its message through promotional display such as highway billboards, transit posters and arena placement (Wisegeek.com, 2011). According to Wisegeek.com (2011), Outdoor Advertising Association of America, Inc. (OAAC) had stated that businesses spent $5.8 billion dollars on outdoor advertising in 2004. Public service advertising is an advertising technique that conveys socially relevant messages regarding important matter and social welfare causes like poverty, and deforestation (Buzzle.com, 2011). Meanwhile, surrogate advertising is defined as the process of duplicating the brand image of one product extensively in order to promote another product of the same brand (Panda, 2005). For example, companies that produce cigarettes or alcohol which are prohibited by law in some country have t o come up with other products of the same brand in order to remind people about their existence in the market (Buzzle.com, 2011). According to Targeting-Marketing.com (2011), covert advertising is presently is the hottest trend in promoting a product. Covert advertising is a type of advertising that incorporated in some entertainment and media channels such as movies, sports and TV shows in order to reach its customers. Some of the examples are the appearance on Nokia N97 in I Gotta Feelin' music video by Black Eyed Peas, and the sponsorship of an America TV show F.R.I.E.N.D.S. by Nescafe. Another type of advertising is broadcast advertising. Broadcast advertising is a type of advertising that uses medium such as television, radio and internet to convey its message to the people. This is the most popular advertising technique because it enables the company to reach a wider audience. On the other hand, celebrity advertising is the use of a celebrity or a public figure for the purpose of selling products or services. According to McCracken (1989), celebrity endorsement is defined as a personality who benefits from public recognition and utilizes this acknowledgment on behalf of a consumer product by endorsing it to the public (McCracken, 1989). In short, a celebrity is someone who is well-known due to his/her achievement especially in areas of entertainment such as films, music, writing, or sport. There are two forms of celebrity advertising; celebrity license and celebrity endorsement (Mistry, 2006). Compared to celebrity license, celebrity endorsement is the most widely used strategy in promoting products and services today. Celebrity endorsement is when celebrities give his/her expert opinion regarding the product, become the spokesperson for a product, or just being associated with a particular product (Seno and Lucas, 2007). However, according to Kamins (1989) celebrity endorsement may also include the non-celebrities such as a typical consumer, a product professional expert, or a company pr esident. Typical consumer endorser is an ordinary person who has no special knowledge regarding the product but has already purchased and used the product beforehand. On the other hand, a product expert is a person or a group that possesses a superior knowledge regarding the product (Zabid et.al., 2002). Celebrity vs. Non-Celebrity Effectiveness According to Seno and Lucas (2007), a research has found that compared to other type of endorsers such as typical consumer and the professional expert, celebrities are the most effective individual to attract customers. In contrast, Tom et.al (1992) said that non-celebrities endorsers are more effective compared to celebrity endorsers. This is because with non-celebrity endorsers, it enables the company to control and create the characters that is appropriate for the product and the target audience. Besides that, these characters are not allowed to endorse any other product. On the other hand, celebrity endorsers had already created their own characters therefore; the company is unable to control them. Differences were found in the cognitive responses. However, there is no statistically significant difference in attitudes towards advertising and the intention of purchasing the endorsed product in the celebrity and non-celebrity endorsement (Mehta 1994). Factors that affect the Effectiveness of Celebrity Endorsement There are number of factors that influence the effectiveness of celebrity endorsement. Examples of the factors are celebrity performance, celebrity attractiveness, celebrity credibility, celebrity information, multiple endorsements, celebrity popularity, celebrity availability, celebrity-product match, and many more. However, in this research only some of these factors will be discussed. Celebrity Performance In the context of this research, celebrity performance refers to the achievement of the celebrity in their chosen profession. This could refer to the success of the celebrity in music or movies, the performance level of athlete in sports and many more. When a celebrity fails to perform in acceptably by consumers, the effectiveness of the endorsement tends to decline (Agrawal and Kamakura, 1995). In contrast, if the celebrity performance is increasing, the effectiveness of the endorsement will also increase. Celebrity Information Since there is always a pairing between the brand and the celebrity established by consumers, negative information regarding the celebrity may affect the brand negatively (Erdogan and Baker, 2000). For example, Tiger Wood is always known as the endorser of Nike. However, due to a series of news report about his personal life, Nike lost over four percent of its aggregate market value (Knittel and Stango, 2009). This shows that a negative perception about a celebrity will decrease the level of the effectiveness of the endorsement. Hence, it will lead to a loss for the company. Celebrity Attractiveness Chao et.al (2005) has stated that celebrity attractiveness in one of the factor that can determine the successfulness of celebrity endorsement. According to Kahle and Homer (1985), physically attractive endorsers are generally viewed and more preferable by consumers compared to the less attractive endorsers. Hence, by having attractive celebrity endorsers, it will increase the effectiveness of the celebrity endorsement. For example, when Laneige decided to change its endorser from Jeon Ji Hyun to a prettier and famous Korean actress, awareness of the existence of the brand starts to increase among consumers. This leads to an increase in sales of the product (Amore Pacific Corporation, 2009). Celebrity Credibility The most important aspect in celebrity endorsement is credibility. According to Miciak and Shanklin (1994), a research made among 43 advertisement agencies and companies, it is believed that the most important scope of credibility are trustworthiness and the expertise of the celebrity with the product that is being endorsed. For example, with the credibility of Amitabh Bachchans, Cadburys business which was declining due to the controversy has been revived and back on track (Taleja, 2010). Multiple Endorsements There are two cases of multiple endorsements that are always been debated. They are 1) a single brand hiring multiple celebrities and 2) a single celebrity endorsing multiple brands. For example, Britney Spears, consumers may remember her as Pepsis endorser but they might not remember her as McDonalds or Toyota Vioss endorser in 2000. Another example of multiple endorsements is Clear for Men uses Christiano Ronaldo and Rain as endorsers. Celebrity-Product Match The celebrity-product match/fit is also known as the match-up hypothesis. It refers to the synchronization of the match between the celebrity endorser and the product that is being endorsed (Till and Busler, 2000). According to Friedman et.al (1978), Erdogan and Baker (2000), and Till and Busler (2000), celebrity-product fit is the key function of the effectiveness of celebrity endorsement. This is because with the right celebrity with the right personality, the message can be convey to the consumers effectively. For example, Pepsis target market is the youth. Therefore, by sponsoring Michael Jackson World concert in 1993, Pepsi is able to reach its target market easily. Research Methodology 3.1 Theoretical Framework Figure 1: Factors that Influences the Effectiveness of Celebrity Endorsement 3.2 Path Analysis The main purpose of this research is to analyze the factors the effectiveness of celebrity endorsement as well as to evaluate the effectiveness of celebrity endorsement in Malaysia. From the literature review above, it is found that there are 6 main factors that influence the effectiveness of implementing celebrity endorsement strategy to attract customers. By understanding these factors, the effectiveness can be identified. Hence, the effectiveness of the implementation of this strategy Malaysia can be investigated. 3.3 Research Design 3.4 Data Collection Data is the most crucial element needed in making a research. This is because without the presence of relevant data, the objectives and purpose of a research cannot be met easily. There are two types of data; primary data and secondary data. Primary data is the original or first-hand material that has not been interpreted by anyone before. It can be further divided into two categories; qualitative data and quantitative data. Qualitative data is described as data that can be categorized according to its characteristics such as gender and nationality. On the other hand, quantitative data (also known as numerical data) are data that can be measured on a numerical scale. Secondary data is the information collected from other resources such as books, journals, review articles, and newspaper which is related to the research.   For this research, primary data can be obtained through questionnaires, focus group or observation. Questionnaire is a set of questions given to respondents in order to get data which is related to the research topic. On the other hand, focus group is a form of  qualitative research  in which a group of people are asked about their perceptions, opinions, beliefs and attitudes towards a product, service, concept, advertisement, idea, or packaging (Henderson, 2009). Meanwhile, observation refers to a technique in which the behaviour of research subjects is watched and recorded without any direct contact.The most effective primary research for this study is questionnaire. This is because questionnaires enable researcher to obtain data from the target group efficiently. In the questionnaire, the questions are designed as open ended questions and close ended questions. Open ended questions are questions that required the respondents to attach their opinion towards the question. Meanwhile, the close ended questions required the respondents to choose, or rate the questions accordingly. For this topic, both questions are suggested to be asked in the questionnaire. By having these two types of questions in this questionnaire, it enables researcher to collect information containing both qualitative and quantitative data. However, there is no primary research has been done by the researcher yet. Therefore, no primary data are available. For secondary research, data are obtained from journals, books, and website published by others. In developing this research, number of journals, articles, books and websites has been referred. However, only some of them are used in developing this research. 3.5 Sample This research focuses on the sampling group of young adult and adult from the age of 18 to 35 years old. This range has been chosen because they are the group of people who always make their own decision on purchasing a product or service. Besides that, this range is chosen because they are the group of people who are always be influenced by the celebrities. By having them as the target segment, research can be done easily and effectively. 3.6 Measures In this research, the measurement scales that are selected are the likert scale and the nominal scale. According to Proctor (2003), nominal scale enables an object to be placed in one and only one of a set of mutually exclusive classes with no implied ordering such as gender; male or female. On the other hand, likert scale is a scaling method that describes the quantitative value to qualitative data in order to make it amenable to statistical analysis such as strongly agree, agree, neutral, disagree and strongly disagree (BusinessDictionary.com, 2011). For this research,  the nominal scale is used to measure the age and gender of the targeted respondents and the likert scale is used to measure the consumers perception towards celebrity endorsement. 3.7 Limitation Due to the nature of this research, it has to be said that the research could have been done more accurately if more resources for example text book could be obtain to support the research. This research title is very limited in text book provided in KBU College Library but there are more in the Emerald Insight website. In order to obtain quality journals from there, users are recommended to pay the membership fee online. However, KBU does offer student the access to Emerald Insight website because the college had already paid the fee, but students are allowed to access to the website within the college premises. Furthermore, this research only used secondary data collection. Most of the secondary data come from other authors opinion gain from their findings. So, the opinions from other authors do not mean they are aligned with the entire populations opinions in this world. Due to this problem, the accuracy of this research had reduced. Besides that, due to the limited time, no primary research has been done. Hence, all information available in this research does not meet the purpose of this research which is to study the effectiveness of celebrity endorsement in Malaysia. Ethical Consideration Before conducting the research, a researcher has to make sure that the research topic, objectives and benefits are clearly explain to avoid the deception on the research. Besides that, all the information given by the respondents such as name, age, contact number and home address are private and confidential. Hence they must be protected and cannot be reveled or sold elsewhere. Respondents are also allowed to not to provide their details or information before answering the questions to protect their privacy if forced. Time scale

Hasbro Case Study †Ethical Behavior Essay

In the aftermath of Tyco’s executive scandal in the early 2000’s, Ed Breen and Tyco’s newly elected management team were vital elements to the repair of Tyco’s corporate social responsibility and company image. During this time, Tyco International began focusing on the repair of internal weaknesses and devised several initiatives to improve their image and reform their values. During Tyco’s reform period they focused on multiple goals and company-wide achievements. Governance, customers, growth, teamwork and culture, operational excellence, and financial strength and flexibility were analyzed, scrutinized, and revamped. Tyco’s new vision: â€Å"To be our customers first choice in every market we serve by exceeding commitments, providing new technology solutions, leveraging our diverse brands, driving operational excellence, and committing to the highest standards of business practices-all of which will drive Tyco’s long-term growth, value, and success. † (About Tyco: Tyco International) Supporting diversity in today’s global commerce is imperative to maintaining a competitive advantage. Tyco realizes this strategy and has developed their own innovative diversity initiatives to increase stakeholder value and strengthen their brand image. In 2010, Tyco International launched a diversity roadmap that developed strategies to increase the level of purchases from small businesses owned by minorities and women. Our goal is to increase the number of diverse suppliers, increase the amount we spend with diverse suppliers, and include diverse suppliers in our sourcing initiatives. We are dedicated to building a strong community and driving diverse suppliers to sustain themselves well into the 21st century. Participation in diversity events also enables us to network, learn and share best practices with other corporations that have strong commitments to supplier diversity. (Corporate Citizenship: Tyco International) As part of Tyco’s revolution to improve teamwork and culture, the company implemented a career development planning process. Training options are designed to suite every Tyco employee varietal. Training options range from on site specialists and mentors to paced e-learning and instructor led classes. â€Å"Our businesses ensure that our employees keep pace with the ever changing technical skill requirements of their jobs through the development of functional career paths and customized training plans. Our performance management process is also key to the development of our people. It drives on-the-job learning by ensuring that all employees establish both performance and development goals each year† (2010 Annual Review & Corporate Responsibility Report: Employee Learning & Development) Aside from the many internal reform practices, Tyco has taken great measures to positively impact external factors within our environment. Energy conservation and waste reduction have been elemental in Tyco’s repair of corporate social responsibility. In 2008, Tyco incorporated its own environmental committee to ensure compliance and inspire new environment protection and conservation goals. † (2010 Annual Review & Corporate Responsibility Report: Environmental Goals) Tyco called its new environmental campaign â€Å"Vital World. † The specific focus of â€Å"Vital World† is monitoring and improving efforts to reduce water waste, decrease green house gas emission, and maximize fuel efficiency. Plans to use the most innovative, energy saving components for new facilities is just another way Tyco plans to reduce its carbon footprint. Tyco is making certain that the global environmental goals and initiatives that are created remain relevant and compliant. Tyco is raising the bar on environmental protection efforts and seeks to exceed government standards by developing a higher set of regulatory policies. â€Å"To ensure the compliance of environmental objectives, Tyco developed a comprehensive compliance program in 2004. Compliance components include self audits and assessments with a corrective action tracking system. Tyco’s audits are benchmarked against national laws and regulations to uphold the highest standards. Tyco facilities throughout the world have earned external environment, health and safety recognition through rigorous international registration programs such as ISO 14001and OSHAS 18001 and national standards such as the U. S. Department of Labor’s Occupational Safety and Health Administration Voluntary Protection Program (VPP). † (2010 Annual Review & Corporate Responsibility Report: Compliance) We are all stakeholders in Tyco when you take a look at the company’s 3 business segments, Covidien (formerly Tyco Healthcare), Tyco Electronics, and Tyco International. Tyco’s security solutions protect nearly 7 million homes, 50 of the top U. S. Banks, 300 International Airports, and 80% of the top global retailers. Every day customers in more than 60 countries rely on Tyco’s fire protection business to help protect lives and property on land and sea. Tyco’s flow control business is a leading manufacturer and marketer of valves and controls, water & environmental systems, and thermal control solutions for multiple industries. † (Our Businesses: Security Solutions) After researching Tyco, our group realized that Tyco’s companies and many product lines have affected some detail in each of our lives. Whether you’ve ever been in the hospital or flown the friendly skies; you have experienced an extension of Tyco International. In short, Tyco protects the world’s most vital elements: people, assets, and the environment. Our group, also classified as Tyco stakeholders, feel that Tyco has reclaimed the title of a reputable and successful corporation. In the last decade, Tyco has demonstrated many achievements of corporate social responsibility and shows no sign of losing that objective.

Impact Of The Public Sector On National Welfare Services

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Industrial Revolution Essay - 799 Words

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The Effects Of Social Media On Women And Men - 947 Words

Social media is a big part in today’s society. Visual platforms like Facebook, Instagram, Twitter and Snapchat deliver the tools that allow teens to earn approval for their appearance and compare themselves to others. People follow the biggest stars and models, but what are these celebrities really doing? Where girls are required to be slim and short, the ideal for boys and men is a well-muscled and ripped look. Today, women everywhere want to get that fit body, the flat stomach, and the thigh gap or perfectly muscled body because most women are never satisfied; whereas the men are living at the gym and getting ripped: they are both looking for approval from their peers, the opposite sex, and the approval of society. Males may start an†¦show more content†¦As for these women, most of them have: an eating disorder, depression, anxiety, problems in relationships, substance abuse problems, and various health problems all to â€Å"fit in†. These women have all o f these problems, because they think if they can be like the girls in the magazines or on the billboards, they will be accepted. Our tweens and early teens are a time when children become more aware of celebrities and media images — as well as how other kids look and how they fit in. Girls and boys might start to compare themselves with other people or media images. All of this can affect how they feel about themselves and their bodies even as they grow into young adults. When the kids grow into young adults, they get social media, they have all these sources to media. They see all these people with the body thats perfect. In their eyes, they are not perfect. They are not accepted. They are not good enough. What they are wanting is to be accepted and wanted and good enough. So the young women look up all these at home workouts and healthy food. 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Obscenity Law Free Essays

string(126) " and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall\." The vague, subjective, and indeterminate nature of Canadian obscenity law has been called â€Å"the most muddled law in Canada. † Recognizing that consistency and objectivity are important aspects in the running of any successful legal system, the Supreme Court of Canada has attempted to systematically clarify and modernize obscenity law. The ruling in R. We will write a custom essay sample on Obscenity Law or any similar topic only for you Order Now v. Butler marked the transformation of the law of obscenity from a â€Å"moral-based† offence to a â€Å"harm-based† offence. The courts are now asked to determine, as best they can, what the community will tolerate others being exposed to, on the basis of the degree of harm that may flow from such exposure. Harm, in this context, means the predisposition to antisocial conduct. When probing beyond superficial appearances, it is clear that the modernizing moves made by the Canadian judiciary, in introducing the community standard of harm test to enforce obscenity law, are mere rhetorical covers for the continued protection of conventional morality. The determination of â€Å"community standards† is left primarily to the subjective judgment and hunches of criminal justice personnel. In this context, the standard to which obscenity laws are based can be uncertain and ill defined, making it very difficult to ensure consistency in the application of the obscenity law and to ask the public to abide by standards that are not clearly demarcated in the first place. This is a disturbing state of affairs for any criminal offense. This essay will firstly demarcate the roles in which judges currently play in deciding upon the nature of crime. Secondly, with the use of previous rulings on obscenity by the Supreme Court of Canada, the evolution of Canadian obscenity law will be analyzed. Thirdly, the involvement of the community standard of tolerance within the current obscenity definition will be flagged as prejudiced against non-mainstream minority representations of sex and sexuality. Fourthly, the Butler decision will be analyzed within the gay and lesbian context. Finally, the three inherent flaws of the current Butler definition of obscenity will be discussed; the vague definition of harm, the problematic categorization of â€Å"degrading and dehumanizing sex† and the overemphasis placed on heterosexual norms. The current roles in which judges play in deciding upon the nature of crime. Frey v. Fedoruk (1950), a decision made by the Supreme Court of Canada, is iewed as a very successful step in the courts’ quest for objectivity. This supposed milestone case marked the end of the courts’ ability to invent new crimes at common law and essentially appointed ultimate power of the Criminal Code to the federal government. Frey was accused of peeping into the window of a changing woman. The courts recognized that peeping was clearly morally objectionable, but the Court also noted that peeping was â€Å"not otherwise criminal and not falling within any category of offences defined by the Criminal Law. It went on further to say that â€Å"if any course of conduct is now to be declared criminal, which has not up to the present time been so regarded, such declaration should be made by Parliament and not by the Courts. â€Å"[i] This case essentially set the precedent that no person could be charged with an offence that was not previously stipulated in the Criminal Code. This case illustrates an evident shift in regards to the role judges play in the justice system; however, it is questionable if this shift is as substantial as originally perceived. Something that is often forgotten by those who stress the sovereign aspect of the criminal law is that Parliament does not have direct control over the enforcement of their own texts. Judges cannot directly contradict or invent new laws, but they can endlessly reinterpret them. Furthermore, in interpreting the criminal law, judges do not have control over the way in which fellow criminal justice personnel will reinterpret their interpretations. For example, due to the vagaries involved in Justice Sopinka’s ruling in R. v. Butler, criminal justice personnel have been given discretionary power that has resulted in the differential and unlawful targeting of gay and lesbian pornographic material. In arguing for judicial objectivity, one could argue that judges are only allowed to interpret law in accordance the intention of Parliament when the section was enacted or amended. Judges cannot adopt the shift in purpose doctrine, which was explicitly rejected in R. v. Big M Drug Mart Ltd. [ii]† However, in order to avoid running a foul of the shifting purpose argument, judges can use vague and indeterminate language that will only require the need for reinterpretation in the future and further the use of judicial subjectivity. When interpretations are required it opens the doors to the, subconscious or conscious, implementation of subjective standards of morality by judges or riminal justice personnel. Essentially different judges will interpret the law in different ways, which stresses the importance for clarification and specification within the Criminal Code. It has also been argued that the decision in Frey v. Fedoruk allows for citizens to know in advance if they are committing a crime. As seen in the Butler case, many laws in the Criminal Code continue to be vague and indeterminate, requiring the need for judicial interpretations. The vagaries of the obscenity law allow judges, police and customs officers, to interpret the law in a way that may encompass material or actions that were not specifically stipulated under the law itself. The evolution of Canadian obscenity law: Upon examination of the progression of Canadian obscenity law it is clear that the modernized obscenity law remains riddled with some of the same problems inherent to its predecessors. The law of obscenity in Canada has its roots in English law. The 1868 decision of the House of Lords in R. v. Hicklin was the leading case and set out a test for obscenity. In upholding an order for the destruction of a publication, Chief Justice Cockburn declared, â€Å"I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall. You read "Obscenity Law" in category "Papers" â€Å"[1] This definition had been criticized for its disregard of serious purpose or artistic merit in the impugned material and for its excessive dependence on subjective speculations made on the part of the trier of fact. This was the test used in Canada until the Criminal Code was amended in 1959 to include a definition of obscenity as â€Å"the undue exploitation of sex, or of sex and any one or more of crime, horror, cruelty and violence. † Canadian courts then shifted their focus from the proper application of the Hicklin test to the understanding of how the â€Å"undue exploitation of sex† is to be recognized. Brodie was the first obscenity appeal to come before the Supreme Court of Canada following the amendment. Judson J. , during his explication of this ection, was conscious of the criticism that had been leveled against the Hicklin test and was subsequently trying to avoid its downfalls. Judson J. expressed the view, in light of the amendment, † that all the jurisprudence under the Hicklin definition is rendered obsolete† and that the new definition gave the Court â€Å"an opportunity to apply tests which have some certainty of meaning and are capable of objective a pplication, which do not so much depend as before upon the idiosyncrasies and sensitivities of the tribunal of fact, whether judge or jury†[2] . Two tests were purposed throughout the trial that were thought capable of objectively recognizing the â€Å"undue† exploitations of sex. The first test focused on the â€Å"internal necessities† of the work in question. The second test was â€Å" the community standard test. † He recognizes that community standards may vary from time to time, but held that there is a general instinctive standard of decency, which prevails in any given community. What is obscene is material that offend that standard. The development of the jurisprudence post-Brodie had elaborated upon this notion of â€Å" community standard. â€Å"It has been said to be: a general average of community thinking and feeling; a national standard; one where judges are entitled to judge for themselves, without expert evidence, when this standard has been exceeded. † However, a substantial development in the test for obscenity occurred in the Supreme Court of Canada’s decision in Towne C inema Theatres Ltd. v. The Queen. [3] In this decision, the court stated that the â€Å"community standard of tolerance† is only one way in which the exploitation of sex can be determined â€Å"undue. The Court recognized the imperfections of society and the subsequent possibility that the community could tolerate publications that cause harm to members of society. The court went on to say that â€Å" even if, at certain times, there is a coincidence between what is not tolerated and what is harmful to society, there is no necessary connection between these two concepts. † [4] Thus, the legal definition of â€Å" undue† was made to encompass publications that were harmful to members of society and consequently society as a whole. Material was deemed harmful if it portrayed persons in a â€Å"degrading or dehumanizing† way. Obscenity also continued to be assessed against â€Å" community standards. † This test was concerned, not with what Canadians would tolerate being exposed to themselves, but what they would tolerate other Canadians being exposed to. It was a test concerned itself with tolerance and not taste. R. v. Butler- the current definition of obscenity. The Supreme Court of Canada made its definitive decision in R. v. Butler. The case of R. v. Butler concerned the constitutionality of the obscenity provisions (now s. 63) of the Criminal Code of Canada. The provisions were under consideration on the grounds that they infringed upon a guaranteed right to freedom of expression under s. 2(b) of the Canadian Charter of Rights and Freedoms. The case is monumental in determining whether, and to what extent, Parliament can justifiably criminalize obscenity. On appeal to the Supreme Court of Canada, the following constitutional questions were raised: 1. Does s. 163 of the Criminal Code violate s. 2(b) of the Charter? 2. If s. 163 of the Criminal Code violates s. 2(b) of the Charter . Can s. 163 of the Criminal be demonstrably justified under s. 1 of the Charter as a reasonable limit prescribed by law? Before answering the main constitutional questions, Justice Sopinka, writing for the majority, firstly attempted to clarify and interpret what the impugned legislation was intended to signify. In deciding what constitutes the â€Å"undue† exploitation of sex, the court examined the three workable tests used in past cases of obscenity: the â€Å" community standard test†; the degrading or dehumanizing† test; and the â€Å" internal necessities test. The review of this jurisprudence showed that the relationship between each of the three tests failed to be clear or specific. Sopinka divided pornography into three categorie s: 1) explicit sex with violence; 2) explicit sex without violence but which subjects people to treatment that is degrading or dehumanizing; 3) explicit sex that is without violence and is neither degrading or dehumanizing. Sopinka used these three categories as the guidelines in determining what constitutes the undue exploitation of sex. Sopinka essentially merged the community standard of tolerance test together with the harm principle. The courts now need to figure out what the community would tolerate others being exposed to on the basis of the degree of â€Å"harm† that may flow from such exposure. Harm, in this context, signifies material that would predispose viewers to antisocial conduct. The first category of pornography was found to always constitute the undue exploitation of sex, the second category of pornography was found to sometimes constitute the undue exploitation of sex and the third category generally did not qualify to be the undue exploitation of sex. [5] Problems with the Community Standard of Tolerance test: It has been suggested that the modern obscenity test, the merger of the community standard of tolerance test and the harm principle, is liberal relative to its predecessor (the Hicklin test). On the surface it seems to draw on the more liberal attitudes of contemporary society about sexual representation and has the flexibility to evolve with the changing norms of communities through time. However, it cannot be forgotten that the community standard test of harm is delineated on the standards held by the majority, enforcing only the majority’s view of what is harmful and obscene. The imposition of majority views on other members of society is seen as the most serious threat to liberty in a democratic state, and seems to contradict the multicultural dogma that is representative of Canadian society. Subsuming a majority analysis into the definition of obscenity, unavoidably creates prejudice against non-mainstream minority representations of sex and sexuality. Usually, the tolerance level of a community is difficult to measure, requiring the courts to essentially guess as to how much â€Å"harm† a community as a whole would tolerate. It was held that evidence of community standards is desirable, but not essential. The lack of proof for a community standard furthers the vulnerability of minority groups. Fundamentally, judges can provide the court with a fictional interpretation of a community’s standard of tolerance. No matter how honest such an interpretation could be, it runs the risk of being false without the judge having to formally justify his/her findings. The community standard of tolerance of any given community, Professor Richard Moon says in regards to the Butler ruling, is â€Å"judicial subjectivity (value judgment) simply dressed up in the objective garb of ommunity standards†. [6] Furthermore, community standards only make sense in relations to a prevailing, and generally accepted understanding of sexual morality, in which some sex is good and some is not. Not withstanding the court’s best efforts to cast the objective of the law as the prevention of harm, particularly of harm towards women, the underlying sexual morality and the exclusive focus on heterosexu al relationships shapes the way in which the s. 163 is applied throughout the criminal justice system. It is within the context of gay and lesbian materials that the distinction between morality and harm is most difficult to sustain†, and that we can most clearly see the extent to which obscenity laws are still predicated on the legal regulation of sexual morality. Butler decision in the gay and lesbian context: The Littler Sisters Case: Throughout his judgment, Sopinka J. provides an implicit message for the need to protect females against male violence. A common thread woven throughout out many heterosexual relations is the idea of an aggressive and powerful male and a passive and subordinate female. Therefore, Sopinka J. ’s understanding of harm is set in a heterosexual framework. Gay and lesbian sexual representations are not produced within the heterosexual framework of the more mainstream pornography to which the Butler decision addressed itself. Realistically speaking, how would men watching pictures of men having sex with men, contribute to the type of harm to women identified in Butler? However, these gay and lesbian sexual representations of sexuality have been targeted, charged and found guilty pursuant to the â€Å"modernized† Butler test for obscenity. The gay and lesbian community have argued, â€Å"that gay or lesbian sexual representations have absolutely nothing to do with the harm towards women associated with heterosexual pornography. â€Å" (quote red book . pg 128 ) Interestingly, Carl Stychin, has contended, that the sexually explicit images of gay male pornography do not reinforce patriarchal male sexuality, but rather directly challenge dominant constructs of masculinity by displacing the heterosexual norm. (quote) It would seem warranted to suggest that since gay and lesbian sexual epresentations do not operate within a heterosexual framework, that these images cannot and should not be measured against a heterosexual norm. The constitutionality of provisions located under the Canadian Customs Act, who operate in accordance to Butler’s definition of obscenity, was questioned, in the context of gay and lesbian culture, in the Supreme Court of Canada’s decision in Little Sisters Book and Art Emporium v. Can ada. This case was the culmination of several instances where customs officials had unlawfully targeted gay and lesbian sexually explicit materials. Little Sisters Book and Art Emporium carried a specialized inventory catering to the gay and lesbian community. The store imported 80 to 90 percent of its erotica from the United States. Consequently, the vast majority of their erotica was susceptible to Customs censorship powers. Code 9956(a) of Schedule VII of the Customs Tariff prohibits the importation of â€Å"books, printed paper, drawings, paintings, prints, photographs or representations of any kind that . . . re deemed to be obscene under subsection 163(8) of the Criminal Code†. (quote little sister) The Supreme Court of Canada did acknowledge the fact that Customs officials had subjected the appellant to differential treatment when compared to importers of heterosexually explicit material. The treatment was dismissive of the â€Å" appellants’ charter rights under s. 15 (1) of the Charter as they were not given the equal â€Å"benefit of a fair and open customs procedure. † However, the source of the s. 5(1) Charter violation was not identified as the customs legislation itself, since there is nothing on the face of the Customs legislation or in its necessary effects, which contemplates or encourages differential treatment based on sexual orientation. The unlawful differential treatment had been made at the administrative level in the implementation of the legislation. The court held that â€Å"Parliament is entitled to proceed on the basis that its enactments will be applied constitutionally by the public service. As stated by the Court, â€Å"The fact that a regulatory power lies unexercised provides no basis in attacking the validity of the statute that conferred it. † The Court held that the Customs legislation infringes s. 2(b) of the Charter, with exception of the reverse onus provision in s. 152(3) of the Customs Act. However, the legislation constituted a reasonable limit prescribed by law, justified under s. 1 of the Charter. The court trusted Customs to identify and implement the needed changes, and the burden of monitoring compliance was left to future litigations. quote Osgood hall law journal) Thus, the majority absolved Parliament of any constitutional obligation to ameliorate this obviously flawed legislative regime of border censorship. By upholding the legislation, and simultaneously affirming the differential treatment unfairly imposed on Little Sisters Book and Art Emporium by Customs, the Court has projected itself as the defender of sexual pluralism and has not done enough to reduce the likely risk that over-censorship will reoccur. Vague conception of Harm It has been shown, most specifically in the case of Frey v. Fedoruck, that the Supreme Court of Canada has been trying to limit the power of appointed judges and consequently reserve the power over the Criminal Code for Parliament. In the Little Sisters case the Court admittedly held that â€Å"A large measure of discretion is granted in the administration of the Act, from the level of the Customs official up to the Minister, but it is well established that such discretion must be exercised in accordance with the Charter†. Ideally, all criminal justice personnel should exercise discretionary power in accordance to the Charter, but whether done mistakenly or purposely this is not always the case, which has historically given reason to the clarification or amendments of the law. Since criminal justice personnel are only human, and prone to error, the use of safeguards within the criminal code, in the form of clear and definite laws, is necessary to protect against judicial subjectivity. The majority opinion in the Butler case, includes validation of Littler Sister’s struggles and denunciates Custom’s discriminatory and excessive censorship practices. Although the ruling did include positive sentiments, it ignored the possibility that the law had something to do with Custom’s failures. The Court disproportionately blames the acts of individual custom officers, or those functioning at the administrative level in the implementation of the legislation, for the over-censorship of gay and lesbian material. However, the faulty administration of the discretionary powers conferred on officials by the Act can be a symptom of the underlying root problem: the vague community standard of harm test for obscenity. The Court defended their inaction on â€Å"the fact that the face of the Customs legislation or in its necessary effects, does not contemplates or encourages differential treatment based on sexual orientation†. Regardless of how promising a law looks on paper if it lacks consistency and objectivity in its application and demonstrates significant procedural deficiencies it should be brought into question. On a supposed quest for objectivity, Sopinka held that there should be a shift in focus from morality to harm when testing for obscenity. Harm, in this case, was defined as the risk of â€Å"anti social behavior,† (ie the mistreatment of women). â€Å"Anti-social conduct for this purpose is conduct which society formally recognizes as incompatible with its proper functioning. †[iii] Although the Supreme Court has provided us a fair amount of guidance on how the issue of obscenity is to be dealt with, it has provided a rather ambiguous concept of harm that continues to give appointed judges, and in this case Customs officers, a fair amount of discretionary power and opens the doors to subjective standards of morality. The ambiguous conception of harm has already posed problems in regards to enforcement. For example, obscenity laws have adversely affected those importing gay or lesbian erotica in comparison to other individuals importing comparable publications of heterosexual nature. [iv] Being a piece of legislation that admittedly violates our right to freedom of expression, one would think that s. 163 would be held to a higher standard of clarity. Since the definition of harm is relatively vague it can unfairly persecute the gay community, holding gay pornography to a lower standard of tolerance than heterosexual pornography. During Sopinka’s Charter analysis, he goes on to say that there is no need for proof of harm or evidence of a causative link between the obscene material and the feared social harm. This is because social harm is so difficult to prove or measure. On the one hand such a finding could be welcomed since the court has developed a test that is sympathetic to the inequality and oppression of women. However, on the other hand this loose standard of evidentiary burden, which the government must satisfy in order to justify its infringement of freedom of expression, together with a rather ambiguous definition of harm, raises the critical question as to what types of materials will be targeted. It is very important for the criminal code to be subject to a standard of heightened clarity and transparency (more so than the Charter), so that citizens can know in advance if they are committing a crime. Studies on the causal link between pornography and attitudinal harm: In the case of R. v. Butler, when deciding the second constitutional question (s. 1 analysis), Sopinka held that the prevention of harm likely to arise from the distribution of certain obscene materials constitute a sufficiently â€Å"pressing and substantial† objective to warrant some limitations on s. 2(b) of the Charter. Sopinka made clear that while parliament cannot impose subjective standards of sexual morality it can impose the morality of the majority when it coincides with the morality of the charter. This can be done to maintain values integral to a democratic society. In terms of proportionally, there are three aspects. Firstly, it was asked whether there was a rational connection between the impugned measures and the objective. The courts held that it is reasonable to assume a causal relationship between the exposure to obscene material and the risk of negative attitudinal changes (i. e. harm) in the absence of concrete proof. Secondly, Sopinka found that there was minimal impairment of the right to freedom of expression as the legislation aims only to restrict material that poses a risk of harm to society. Furthermore, material that has artistic merit will not be criminalized. Finally, the court found that there was a proper balance made between the effects of the limited measures and the legislative objective. It was found that the limits placed on the right to freedom of expression was not outweighed by the important legislative objective that was aimed at avoiding harm. Thus, the Court held that the prohibition against pornography contravenes the freedom of expression guarantee in section 2(b) of the Charter, but went on to hold that the section could be demonstrably justified under section 1 of the Charter as a reasonable limit prescribed by law. The section 1 issues raised in the Littler Sisters case related to the substance of the obscenity prohibition and the procedures by which it is enforced. The former had been fully articulated and defended by the Court in the Butler ruling, so it was not surprising that the challenge to the content of the obscenity standard itself failed. The degree to which Sopinka J defended the constitutionality of s. 163 and thus the s. 1 analysis raised by the regime f Customs censorship on the avoidance of attitudinal harm is disproportionate in comparison to the likelihood that such harm actually exists. It is very difficult to find any proof that pornography can be the cause of attitudinal harm amongst its viewers. There have been two attempts and potential sources of such proof: statistical evidence and experimental evidence. Statistical evidence attempts to show a correlation between the prevalence of pornography and the incidence of violent crime. Statistical evidence has been unable to establish a causal link between pornography and violence. Some research has purported to show that many rapists report having had little exposure to pornographic material. Furthermore as technology has become increasingly sophisticated in recent years, there has been a dramatic increase in the availability of pornography over the internet. Despite growing concerns, it has been proven extremely difficult to censor or detect the distribution of â€Å"obscene† pornographic material. Despite the probable increase in access to â€Å"obscene† material, the rate of sexual assault has not increased significantly more than those of other forms of crime. Experimental studies have come the closest in claiming a causal link between violence and pornography. Some work has shown that, under laboratory conditions, there may be a measurable relationship between aggressive behavior and exposure to aggressive pornography. However, such experiments are inherently artificial, as the circumstances are essentially fabricated. Therefore the findings in these experiments cannot be directly transferable from the laboratory into the real world, where inhibitions and public scrutiny affect social behavior. Furthermore, not all studies focus on the negative effects of pornography on viewer’s social behavior. Some support the theory that pornography can serve as a safety mechanism, allowing its viewers to satisfy aggressive impulses in a non violent way. This theory, along with the theory that pornography induces aggression, has been discredited and remains improvable. Although discredited, such a theory remains equally as plausible as the theory endorsed throughout the Butler case: that pornography induces attitudinal harm. It is unclear as to why obscenity should be defined almost exclusively around the prevention of something that could be complete fiction. In the absence of conclusive scientific evidence, it could be argued that s. 163 represents and arbitrary infringement upon our freedom of expression. It is difficult to see how the court deemed the objective of the law to be â€Å"pressing and substantial† in the absence of demonstrable proof and in the presence of empty assumptions. In the absence of proof of harm, whether material is obscene becomes a matter of faith and not evidence. Such an ambiguous definition of harm can be understood as a disingenuous effort by the court to decide what the impugned legislation was intended to mean. It could be argued that Justice Sopinka was instead formulating his judgment in regards to what he thinks the legislation should mean now. â€Å"The appellant argued that to accept the objective of the provision as being related to the harm associated with obscenity would be to adopt the shift in purpose doctrine which was explicitly rejected in R. v. Big M Drug Mart Ltd. † [v]Sopinka argues that the original purpose remains as it was in 1959: â€Å"protection of harm caused by obscene material. However, when the legislation was first enacted, it was concerned primarily with the corruption of morals and not precisely the victimization of women. Such a vague definition of harm allows the courts to justify the infringement of a Charter right on the basis of a different argument of the time and not on the basis of why the law was created in the first place. Overemphasis placed on the protection of women The obscenity test in Butler, who adversely effected the Customs Act, seems to further reinforce women’s marginalized role as crime victims as well as men’s repugnant roles as crime perpetrators. Although this ruling is meant to essentially promote equality amongst men and women, it seems as though it has completely ignored the hardships existent in same sex relationships. Throughout this judgment Sopinka provides an implicit message for the need to protect females against male violence. After such an emphasis has been placed on the protection of women, and in the absence of conventional or homophobic morality displayed by custom officers, it is questionable as to whether s. 163 would allow pornographic material portraying explicit sex and violence against men to escape criminality. Although it is very important for the law to apply equally to all citizens, as stated in s. 15(2) of the Charter it is not unconstitutional to take affirmative action to help previously disadvantaged groups such a women. In reality women run the risk, more so then men, to be victimized because of pornography. Victims of sexually based offences are disproportionately female in comparison to male. However, the types of harm that can be aggravated by obscenity, discussed throughout the Butler case, can exist in all types of human relationships regardless of sexual orientation or the individuals involved. Gays and lesbian relationships are susceptible to the same physical, sexual and mental abuse in much the same ways that heterosexual relationships do. This in essence shows that the judgment was based primarily on heterosexual norms, running the risk of ignoring other possible victims of obscenity. It is this lack of recognition of homosexuals within the leading interpretation of the obscenity law that can either cause the over-censorship or under-censorship of homosexual material, both being equally problematic to the homosexual community. Problematic categorization: In an effort to further clarify the obscenity provisions in the Criminal Code Sopinka devised a three-tier categorization of pornographic material. Sopinka concluded that material that fell within the second category of; â€Å"explicit sex without violence but which subjects people to treatment that is degrading or dehumanizing† could be considered undue. The categorization of â€Å"degrading and dehumanizing† is elusive and vulnerable to subjective or even discriminatory evaluations. The flexibility provided in the second category can be translated into inconsistencies within the legal process. Providing a category that â€Å"could† be viewed as obscene seems to dilute what was meant to be an objective guideline to be followed when testing for obscenity. The selling of material that falls within the second category is essentially equivalent to gambling since there is no certainty as to whether the selling of such material would or would not constitute a criminal offence. One could argue that the sellers of the questionable material could themselves determine the standard of tolerance of a community in determining whether the material that they are selling is obscene. However, one person’s interpretation of what the community would tolerate might be radically different from that of the courts’. â€Å" The potential subjectivity is suppose to be reined in by reference to â€Å" community standards of tolerance†. (ossgood) Since judges determine this standard on their own, in the absence of proof of such a standard, it is hard to see how they will act as a legitimate constrain of judicial subjectivity. What the current obscenity definition has trouble demarcating in obscenity as a narrow category of sexually explicit material. To remedy this situation it would have been beneficial to introduce additional categories of pornography that were more specific and detailed than the ones currently offered. Additional categories would force the court to specify what material in the second category would and would not pose a substantial risk of harm. This would have further objectified the test for obscenity because the discretion of individual trial judges would be reduced when it came to dealing with pornographic material falling within the second category. Judges and other criminal justice personnel would be required to sort material in the devised categories instead of deciding independently what they feel the community would tolerate on the basis of harm. This would also seem to provide the general population with a better understanding of lawful vs. unlawful pornographic material. Implicit to Sopinka’s categorization of pornographic material is the idea that there is a distinct difference between soft porn and hard porn when it omes to what will cause social harm. Sopinka holds throughout his judgment that the objective of s. 163 is to provide protection against what could cause the â€Å" abject and servile victimization† of women. He is assuming that the dissemination of soft porn will not pose the same risk of social harm to women as the categories of explicit sex with violence or explicit sex that is degrading or dehumanizing. However, any pornographic representation of women can be considered to be a systematic ob jectification. As Justice Gonthier wrote for the dissent of the Butler case, â€Å"even if the content is not as such objectionable†¦. the manner in which the material is presented may turn it from innocuous to socially harmful. †[vi] Both soft porn and hard porn (all three categories) could thus contribute to women’s subordination and inequality in society. It is clear that Sopinka’s test for obscenity does not necessarily lock up with its purpose of protecting women from antisocial behavior and inequalities and could serve as evidence of an appeal to conventional standards of sexual morality. Modest and restrained depictions of sexual activity were permitted in accordance to an implicit hierarchy of conventional moral values and not on the basis of harm. (does that make sense? ) The â€Å"internal necessities test† can also be questioned in terms of Sopinka’s harm based obscenity test. Pornographic representation found in art and literature can be just as harmful as what is found in, what is now understood to be, pornography. Therefore, it seems as though material that could be dehumanizing and degrading and thus cause significant social harm could pass the test for obscenity devised by the court. By not leaving behind the view that representations of sex are bad if not redeemed by art or some other higher social purpose, the definition of obscenity remains vague and open ended. The Customs administration of the obscenity prohibition at the border and the general over-censorship of homosexual pornographic material, confirm that the Butler definition of obscenity is open to multiple interpretations and makes room for the affirmations of old prejudices. In the Littler Sisters ruling, the Court denied that these problems existed, and instead relied upon an idealized portrait of the community standard test that will llegedly force criminal justice personnel towards judicial objectivity. It has been proven that the community standard test is based primarily on the views of the majority and does not necessarily constitute a â€Å"guarantee of tolerance for minority expression†. In actuality society, while becoming more liberal, is still deeply entrenched with prejudices again st minorities especially throughout the criminal justice system, stressing the need for clear and definitive language used within the Criminal Code and court process. 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The Advantages of Using the Internet free essay sample

Ever since technology evolved, Internet has permeated into lives of human beings and eventually underwent a metamorphosis from being an utterly unfamiliar element into an indispensable tool in our life. This stupendous invention inevitably changes our life. As a result of this invention, we gain vast amount of valuable information. Various brilliant search engines, for instance, Yahoo, Google, Mozilla Firefox aids a great lot in helping Internet users to browse information in split second. Articles portrayed online evince much verve and vitality in comparison with paper books. For people who lead hectic, high-speed lifestyles, they are able to utilise Internet to read news online, despite always being on the run. In the modern era, teeming book lovers opted to download e-Books as it is convenient and saves up storage space. Writing mechanically is always a monotonous and a drag indeed. But when it comes to writing email, most people embrace it. We will write a custom essay sample on The Advantages of Using the Internet or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The email service benefits us as it is an online correspondence which is capable to store proliferating numbers of mails. It becomes as plain as pikestaff for Internet users to marvel this decent email service as it enables us to receive expeditious replies of mails. Upon typing a mail, we can insert pictures and emotion icons that have a marvellous effect on a bland, long-winded mail! Writing an email contributes in helping one to crystallise thoughts, articulate one’s own feelings. We can send messages to friends and relatives who reside abroad via email. Business counterparts can send information or business reports by utilising the email service. Internet poses a dramatic influence on shoppers who longed for a shopping spree but helpless to do so because of pressing commitments. Online shoppers can punter items they fancy especially valuables that unavailable on the local markets. As some goods originated advanced countries, the quality of the products would certainly fulfil customers’ needs. Shoppers who browse and purchase goods online should choose companies which comply with regulations regarding consumers’ rights. Online shopping reduces stress, saves time and offer flexibility to customers. Quite the reverse, shopping  complexes have rigid sales system and may leave a rash of customers disgruntled. Our lifestyles are altered and simplified as we are no longer haunted by the spectre of searching hither and yon to track down cosmetics products, health supplements, hair care products and more. In a nutshell, the advent of Internet steers our life in a different direction. It offers a slew of activities and gives us an intriguing perspectives of the world. It is a fundamental principle for users to exploit it to the fullest instead of leaving the extraordinary uses of Internet lay dormant. Just a gentle reminder: Utilise it with a whole-hearted intention to enrich yourself, not to lead yourself astray.