Key element of torts analysis is the duty of care that a business owes to its customers and other stakeholders

A key element of torts analysis is the duty of care that a business owes to its customers and other stakeholders. If such a duty exists, breach of that duty can lead to liability for harm from the business’s actions or products.

After reading Chapter 7 on torts, including the Biblical Worldview analyses on pp. 147 (E-book p. 66) and 164 (E-book p. 71), address the question in the Point/Counterpoint on pp. 170-171 (E-book p. 76): Should the creators of violent media owe a duty of care to victims of crimes based on violent media?

Consider this question from the perspective of the owners and managers of companies that produce video games or other electronic entertainment (movies, TV, streaming content, music, etc.).

Title your thread “Duty” or “No Duty” to indicate your conclusion.

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No Duty

The creators of violent media should not owe a duty of care to victims of crimes based on violent media. There are a number of reasons for this, both legal and moral.

Legal reasons

First, there is no legal precedent for holding the creators of violent media liable for the actions of criminals. The First Amendment protects a wide range of speech, including violent speech. In order to hold the creators of violent media liable for the actions of criminals, the courts would need to make a significant exception to First Amendment protection.

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Second, it is difficult to prove that violent media causes crime. There is a correlation between exposure to violent media and violent behavior, but there is no clear evidence of causation. It is possible that people who are already predisposed to violence are more likely to be drawn to violent media, rather than the other way around.

Third, it would be difficult to determine who should be held liable for the actions of criminals. There are many different types of violent media, and it is not always clear who created the specific piece of media that inspired a crime. For example, if a criminal is inspired to commit a crime by a violent video game, should the video game publisher be held liable? Or should the developer of the video game engine be held liable? Or should the screenwriter who wrote the game’s story be held liable?

Moral reasons

In addition to the legal challenges, there are also moral reasons for not holding the creators of violent media liable for the actions of criminals. First, it would be unfair to blame the creators of violent media for the actions of criminals. Criminals are responsible for their own choices, and they should be held accountable for their own actions.

Second, holding the creators of violent media liable for the actions of criminals would have a chilling effect on free speech. The First Amendment protects a wide range of speech, including violent speech. If the creators of violent media could be held liable for the actions of criminals, it would discourage them from creating certain types of speech. This would be a serious blow to free speech, and it would limit the public’s access to information and ideas.

Conclusion

For both legal and moral reasons, the creators of violent media should not owe a duty of care to victims of crimes based on violent media.

Perspective of owners and managers of companies that produce video games or other electronic entertainment

Owners and managers of companies that produce video games or other electronic entertainment are likely to agree with the conclusion that they should not owe a duty of care to victims of crimes based on violent media. They may argue that they are already taking steps to reduce the risk of their products being used to commit crimes, such as by using age ratings and warning labels. They may also argue that holding them liable for the actions of criminals would be unfair and would have a chilling effect on free speech.

Biblical worldview

The Bible teaches that we are all created in the image of God (Genesis 1:27). This means that we are all capable of both good and evil. We are also responsible for our own choices. The Bible does not teach that anyone is responsible for the sins of others.

In the context of the duty of care debate, the biblical worldview suggests that the creators of violent media should not be held liable for the actions of criminals. Criminals are responsible for their own choices, and they should be held accountable for their own actions.

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