PLAGIARISM AS A RESEARCH TOPIC IN COMMUNICATION LAW AND ETHICS
Introduction
Communications is a branch of knowledge dealing with the principles and methods by which
information is conveyed. It deals with the exchange and flow of information and ideas from one
person to another; it involves a sender transmitting an idea, information or feeling to a receiver.
Effective communication occurs only if the receiver understands the exact information or idea
that the sender intended to transmit (Berlo, 1960).
According to Hart (1961), Law is generally a system of rules which are enforced through social
institutions to govern behaviour. It is made of system of rules which a particular country or
community recognizes as regulating the actions of its members and which it may enforce by the
imposition of penalties. It is possible to describe law as the body of official rules and
regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is
used to govern a society and to control the behaviour of its members.
Therefore, communication laws are rules and regulation that govern and control the exchange of
information. The communication laws form a forms a formal mechanism of social control in
media and other communication channels.
Ethic is the is a branch of philosophy that involves systematizing, defending and recommending
concepts of right and wrong conduct, often addressing disputes of moral diversity (Perle, 2004).
Communication laws are used to enforce and guide the practitioners in the communication field
of how to be ethical in their practice. Communication ethics govern a person's or group's
behaviour in communication. Thus, communication process is guided by laws and ethics.
Practices like plagiarism, unauthorized duplication, transfer, use and sharing of communication
materials without the authors’ permission are considered to be unethical and unlawful in
communication
PLAGIARISM
In the 1st century, the use of the Latin word plagiarius (literally kidnapper) to denote stealing
someone else's work was pioneered by Roman poet Martial, who complained that another poet
had "kidnapped his verses." "Plagiary", a derivative of "plagiarus" was introduced into English
in 1601 by dramatist Ben Jonson to describe someone guilty of literary theft (Valpy, 2005).
The derived form plagiarism was introduced into English around 1620. The Latin plagiārius,
"kidnapper", and plagium, "kidnapping", has the root plaga ("snare", "net"), based on the Indo-
European root *-plak, "to weave" (seen for instance in Greek plekein, Bulgarian "плета" pleta,
Latin plectere, all meaning "to weave") (Valpy, 2005).
According to Blum (2010), Plagiarism is the wrongful appropriation and stealing and publication
of another author's language, thoughts, ideas, or expressions and the representation of them as
one's own original work. It is the practice of taking someone else's work or ideas and passing
them off as one's own. Pplagiarism occurs when a writer deliberately uses someone else’s
language, ideas, or other original (not common-knowledge) material without acknowledging its
source.
The modern concept of plagiarism as immoral and originality as an ideal emerged in Europe only
in the 18th century, particularly with the Romantic Movement. Today, plagiarism is not only an
academic crime but its has spread to the creative fiction and non fiction works. Today, articles
and papers are plagiarized as well. This has spread into the fiction world where people pick
characters, storyline or even an entire novel or play and claim ownership (Kock and Davison,
2003).
In communication studies, plagiarism is considered academic dishonesty and a breach of
journalistic ethics. It is subject to sanctions like penalties, suspension, and even expulsion.
However, Plagiarism is not a crime per se but in academia and industry, it is a serious ethical
offense. In most occurrences Cases of plagiarism can constitute copyright infringement (Lands,
1999). Plagiarism is however widely considered as unethical and is a serious offence in all
institutions of learning as well as within most professions.
Academic Discussions on Plagiarism
Plagiarism applies to texts published in print or on-line, to manuscripts, and to the work of other
scholars and writers. The most current discussions of plagiarism fail to distinguish between
Lifting and poor citation.
1. Lifting
This is Submitting someone else’s text as one’s own or attempting to blur the line between one’s
own ideas or words and those borrowed from another source. Copying someone else’s work,
either sections or word for word and claiming originality. The use of someone else’s work
without attribution, whether deliberately or thoughtlessly is a serious ethical breach. Lifting is
mostly involves copyrighted works; original thoughts made real expressions such as words or
audio visual (Blum 2010).
2. Poor Citation
Directly quoted works or pieces from sources other than the writer’s own reporting should be
attributed. Whenever other work is used as source of ideas for stylistic inspiration the final result
must be properly attributed. Failure to give attribution is considered as plagiarism. In addition,
careless or inadequate citing of ideas and words borrowed from another source is a plagiarism
case. All citation must be done through the approved standards such as APA and Havard
referencing (Blum 2010).
Plagiarism VS Copyright Infringement
The key distinguishing factor is the use intended. A copyright infringer copy-pastes, performs,
broadcasts, reproduces, translates your work in order to derive some commercial benefit. On the
other hand, plagiarizer copy-pastes, performs, broadcasts, reproduces, translates your work in
order to assume your identity as the author for purposes of recognition and attribution (Jones,
2006).
Therefore every case of copyright infringement can also be plagiarism but not all cases of
plagiarism amount to copyright infringement. So the law rightly recognizes copyright
infringement as a criminal offence but not plagiarism.
It is important to remember that there are several types of uses of copyright work that are
allowed under the ‘fair dealing’ provisions of many Copyright Acts. These include criticism,
review, scientific research, educational uses, private use and reporting of current events for as
long as you as the author are acknowledged as such (Lands, 1999).
An example is the High Court ruling in the case of Njeri Wangari & Another v. Oxford
University Press (E.A) Ltd. [2012] eKLR. The judge’s decision dismissed the claims of
copyright infringement. Although the court acknowledged that Njeri Wangari (Kenyan Poet) was
the copyright owner of the poem, it failed to award her any compensation for copyright
infringement on the basis of a technicality. This case qualified Oxford University Press (E.A) Ltd
actions as copyright infringement instead of plagiarism or both (Kenyan Poet, 2014).
In another case, Kenyan media Personality Caroline Mutoko who in her weekly column in the
Star newspaper of September 3rd 2012 , lifted every word from a post titled ‘Letter to My 20-
Something Self’ that had appeared on a blog run by the Crunk Feminist Collective. She did not
even bother to change the title. In an even more ironic twist, she ended her post with the warning
“The Internet Never Forgives” (Kenyan Poet, 2014).
The Internet
As mentioned by Jones (2006), the growth the internet has been heralded as a double edged
sword with respect to plagiarism. On one hand the availability of a multitude of information
websites including websites that avail term papers to students for a relatively small fee have left
universities across the world scratching their heads on how to fight the vice. On the other hand it
has provided a variety of free tools that help identify plagiarism.
Uploading your work online increases your visibility but also puts you at risk of plagiarism and
copyright infringement. As far as protection goes, creators of online digital works are
encouraged to add a generic tag of “(c) (author’s name) + (year of publication) + All Rights
Reserved” at the end of every work you upload online. Your contact details should also be easily
accessible both on each individual work and on your site/blog in case attempts are made by a
third party to contact you regarding consent to use your copyright work.
In the age of the internet, surveillance and monitoring of your copyright work has been made
somewhat easier. For instance, using search engines to search for your name and/or the name of
your work(s) allows you to track where and how your work has been cited, mentioned or even
copied by others. In addition, most private users of digital copyright works could also serve as
your eyes and ears and help you as the copyright owner spot unauthorized uses of your work(s)
on the internet.
Plagiarism Elimination Debates
The debate around plagiarism, online sharing and distribution of e-books, articles, papers and
other communication and academic materials is sharing of profit or any other income made Kock
and Davison (2003). Plagiarism can only be addressed through acknowledging source of
information. Any income earned form works that have cited other authors should be shared
among all the authors involved. However, Kock and Davison does not consider the all the other
factors involved in producing, marketing and sharing of such works by the author.
It is hard to determine the original source of some stories, poems and songs. This has been a
challenge even in obtaining copyright. The solution lies in computer mediated solution (Postmes
and Lea, 1994). This argument has been supported by Kock (2004), in his new theory of
Computer mediated communication based on Darwian evolution.
Woolgar (1991), proposes use of technology to deal with plagiarism and unauthorized sharing of
books online. The first achievement in combating plagiarism and unauthorized sharing of files is
by converting study of technology into a social science study. This will involve study of human
values even in technology. Through socialization readers will learn to appreciate the works of
authors and will respect the authors. This will enhance responsibility in sharing of e-books and
will eliminate plagiarism.
The debate on plagiarism and unauthorized sharing of e-books is further informed by Bijker and
Law, (2003) who argue that it is by shaping technology to fit into social norms and values that
we are able to build the society. Thus, plagiarism and unauthorized sharing of e- books should be
shaped in order for the transition from print to digital versions of e-books to be of use to the
society.
The solutions offered by communication scholars to curb plagiarism and unauthorized sharing of
e-books are appropriate. It is agreeable that by using social norms together with high tech
softwares plagiarism and unauthorized sharing can be eliminated. This will give authors a global
audience and enhance appreciation and professionalism among them. Thus, authors will be able
to fully benefit from the advantages of e-books and other online writing platforms.
CONCLUSION
Plagiarism is a major concern in communication law and ethics. Plagiarism is a breach of ethics
and it is a crime. The solutions offered by scholars should be used to curb it. Whether it is done
consciously or unconsciously, the proprietors should be punished appropriately.
It is important for authors to upload their works online and develop e-books so as to use the
widely available online audience. This will empower their writings and help them to share their
ideas with the world. The authors should be able to protect themselves from plagiarism and
unauthorized sharing of their books through soft wares as per the computer mediated Theory
The Kenyan authors should use the available software’s to protect their works from
redistribution, plagiarism and unauthorized sharing of information. This will protect them from
incurring losses and present a chance of increasing their incomes.
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