Open Access Research Article
Defamation: A Unique Global Perspective Of METOO Movement (By-Tarannum Syed)
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Defamation:
A Unique Global Perspective Of METOO Movement
Authored
By-Tarannum Syed
1.Abstract
To justify the cause of Me-Too movement, this study
aims in various aspects on how this movement is being lead and also majorly
focuses on how it had a scope for being misused with political influence,
social media and also as a game of money. The situations in society gives us an
understanding that people are focusing only on the rich men but not on both men
and women who commit a crime. For the matter of fact in Me Too, ME need not be
always women and can be men as well.
Hence with the influence of social media we should not
come to a conclusion that the person has sexually harassed a woman causing
‘Defamation’ leading to lot of unwarranted humiliation. Rather every case must
be deeply investigated and should be checked whether it is really a sexual abuse/
Harassment or not. If the investigation is not done properly, it leads to
defamation by giving him the ‘Tag’ of criminal in public by media just with a
statement of women which has not proved yet.
Further this analysis helps in understanding that the
motive of this movement should be extended to focus on women who are
restricting themselves in filing a case against person who had committed crime,
as there are many poor women who are harassed but not on records. The study
finally justifies on how to use the movement in an ethical way serving the
actual purpose of the same.
2.Introduction
“Every individual is born with the same
dignity and rights”. However, not everyone is treated equally based on who they
are, where they were born, or their gender. Inequality between men and women
has also resulted in a lack of protection for women who are victims of sexual
abuse. As a result of underreporting, shame, and distrust, violence against
women is a major unsolved issue that disproportionately affects women.
In this era of hyperactivity, social media,
and various electronic platforms, various malice is spreading everywhere,
protecting one's hard-earned reputation has become a bigger challenge
every day in the corporate world. As a result, the need for effective legal
tools as defamation safeguards and for promoting organizational excellence has
grown in importance. This essay has attempted to analyses the need for a
stronger legal system, both civil and criminal, to protect corporate
houses/companies/corporations from unwanted defamation, as well as the current
legal system. This essay aims in focusing on how the case should be checked
thoroughly and then accuse the person who has committed a crime.
Analyzing the fact that only the rich men are
targeted and few women who file a case just for money, political influence and
publicity. Me Too should also focus on the suffering of men with abuse. Many
cases which are filed are with no valid reason and proof and the person who is
accused is suffered in the eyes of public with defamation. Few cases also give
example of a mere defamation but not sexual assault.
Finally, this study aims in letting the
society know the consequences of utilizing the Me-Too movement in a misleading
way. How the men are being accused without a solid reason which is leading to a
complete destruction of the reputation of that man. This analysis gives a brief
summary on what is defamation and what is Me Too movement and it also shows how
this movement is leading to defamation of a person rather serving the actual
purpose.
3. What Is
Defamation?
Integrity, honor, intelligence
constitute a valuable asset for a person. Defamation is a statement which
lowers a person’s reputation in the eyes of society. It involves injury caused
to a person by a false statement of a fact. It is a form of humiliation to a
person if it is not true and it is considered as a tort or a crime. It not only
destroys the peace in a person’s life but he/she can even get into depression
and mental stress which can be quite dangerous.
Every person has a right to live in
protection in the hands of law. Depreciating a good name is infringement of
one’s own right and hence it is a wrongful act. A true statement is not
considered as defamation until and unless it is proved.
Defamation is different from opinion.
Opinion is of two forms pure and mixed. Pure opinion is imaginative expression.
For instance, person calling someone loser or crazy which is not actionable.
Mixed opinion is facts based and if it is false or incorrect statement then it
is actionable and loses its protection from defamation. For instance, accusing
someone for a crime without any proof of complete facts and truth. Defamation
is in the form of libel or slander. Libel is when a person is defamed with a printed
or written form or a permanent form which can be seen in the form of cartoon,
photograph, statue, painting etc. Slander is when a person is defamed by the
other person with spoken words or communicating others.
The main essentials of defaming a
person in the form of libel or slander are malice, the words used must be
against the plaintiff, defamatory words must be used and published. The main
element of defamation is when these defamatory and false statements are
published to a third party. Malice here means intentionally with ill feeling
defaming a person without lawful justification. Therefore, defamation destroys
the stature, character, honor, prestige and position of a person in public.
4. Internet
Defamation
Defamation is a publication of a
false statement which lower’s one’s own reputation which is made negligently
and maliciously. Online defamation is defamation of a person on blogs,
websites, and social media and by any competitor, customer, employee or anyone
anonymously hiding behind with fake accounts or names. But a person cannot sue
social media or any website for defamation. Section 230 of communication
decency act protects social media or any other websites from defamation. No computer service provider or user shall be
regarded as the publisher or speaker of any information given by another
information content provider. In other words, bloggers are not liable for the
acts or comments left by the readers or any person. So, the person who has been
defamed on social media on any website can file a lawsuit against the defamer
asking for damages
5. What Is Me Too Movement?
Me Too movement is a social movement
which is against sexual harassment or abuse committed by a very popular or
prominent men. It was firstly initiated by a sexually harassed survivor
and an activist Tarana Burke in the year 2006. She is an American who helped
woman to stand up for themselves. She is said to be the leader and worker of
the movement. Even though the movement was initiated earlier it was given
importance little late. In 2017 this #ME Too became viral by a woman named
Alyssa Milano when she began to tweet about the Harvey Weinstein sexual abuse
allegations. Alyssa Milano was an actress, producer and even author who gave an
attempt to draw attention to sexual harassment and abuse. This hashtag
developed and was recognized across the world. They were many women coming out
from different corners of the globe who filed cases against men.
International MeToo movement in India
has begun in late 2018 in areas including the media, Bollywood industry
centered in Mumbai. Actress and Indian former model Tanushree Dutta who appears
in films accused a famous Indian film actor, writer, philanthropist Nana
Patekar. This led many women to speak out bringing statement of sexual harassment
against many numbers of perpetrators. This soon became a phenomenon when
powerful men were being accused for sexual harassment and abuse. It spreads
virally in social media with a hashtag. Millions of people started using that
phrase and hashtag on social media which made this movement international. It
gives courage to woman who have been abused and can stand up and speak about
their traumas.
6. History
Of Sexual Harassment
Sexual harassment of women at work
has been for a long time, going back to the period when women were emancipated
and ventured out of the safety of their homes to work alongside men. Males who
believed these women were available and unrestricted with their favors and that
they belonged within the four walls of their houses and in the kitchen did not
readily accept this. Women's roles were primarily defined as that of a
procreator and a housewife. Women's attitudes changed, while men's attitudes
remained unchanged. There
were no laws or standards in place at work that defined what constituted Sexual
Harassment or what women could do about it.
If a woman was harassed at work, she
might file a complaint under Section 354 of the Indian Penal Code 1860, which
dealt with criminal assault of women to outrage a woman's modesty, and Section
509, which punishes anybody who uses words, gestures, or acts to insult a
woman's modesty. However, because we live in a male-dominated culture, women
were afraid to take such a bold move because it may backfire and cause them to
lose their employment and reputation.
7.Misuse Of
Me-Too Movement Leading To A Case Of Defamation
Me Too movement is a worldwide
sensation as many women are empowered to speak out in public across the world.
But sometimes this movement is subjected not against the sexual abuse but to
defame a person. Which is diverting the movement from the actual purpose. The
main reason of defaming a person by a woman can be for money, publicity or by
political influence. This hashtag in social media and the coverage that most of
the news channels give against the accused is not stopping the violence against
woman but rather leading to defamation. Most of the news channels target the
popular men not because these people abused a woman but for the increase in the
TRP rating which is quite disappointing.
Moreover, if we observe only the rich popular
men are targeted in this Me-Too movement. The question is why the middle class
or poor men not targeted or punished; it clearly shows that this movement is
misused by many who target only the prominent men to defame them. There are
many cases where women target a man on social media with a hashtag who is rich,
destroying his reputation, career, leading to mental stress and then we get to
know that there was no sexual abuse. If it is not a sexual abuse then why is
the women targeting that man? It is clear that few women want to destroy the
reputation and defame the person for money or with any other influence.
After this movement turned
international and famous that is from October 2017, many women came forward
with allegations of sexual assault and harassment. In the same way many men
filed a suit against those women for defamation. Before this movement there
were very few cases filed against defamation but after this movement has come
to light, dozens of men filed cases for justice. The cases of sexual harassment
increased but in the same way cases of defamation increased at a faster rate.
With so many cases coming forward it becomes
difficult to judge who is right and genuine.
The society cannot assume that every
woman who files a case against a man is genuine. Unfortunately, many people
think the woman is always correct and it is not wrong on part of the general
public but those who showcase as if woman was only right. This makes the
society think only one side of the case that is in favor of the woman. The main
problem is social media and few specific news channels. These news channels
focus more on their TRP rating rather on the case details and facts.
Even after the judgement is given in
favor of the accused, still the respect, honor and reputation which is lost
never comes back. It is a right of a person to live with dignity, respect in
the society. Most of the cases are those filed against only the rich, this
shows people are not at all bothered of men who commit crime but on money and
influence. The idea and purpose of this movement is to stop the violence
against the woman and it is not being utilized the way it has to be. It is
quite disappointing to know that people defame the person so easily in society
without any proof and just with a statement of a woman on social media with a
hashtag. Even it is useful for few or not, it is clearly shown that this
movement is being misused in many ways.
8.
Important Cases Of Me Too Movemement
1. Alok Nath who is a very famous Indian
film actor and was accused of rape by Vinta Nanda, Navneet Nishan and Sandhya
Mridul have also accused him of sexual harassment. Nath did not accept these
allegations and filed a defamation case against Vinta Nanda. Nath received a
show cause notice from Cine and TV Artistes’ Association. Indian Film and
Television Directors' Association (IFTDA) also sent a notice seeking his stand
on the allegations.
2. Vikas Bahl who is an Indian film
director, producer and screen writer was accused of sexual misconduct by one of
the Bombay Velvet crew member and actress Kangana Ranaut. He denied all
allegations and sent a legal notice to his former business partner Anurag Kashyap
and Vikramaditya Motwane for making defamatory statements. Phantom has
announced its dissolution with Vikas Bahl.
3. Anu Malik who is a very famous
music composer was accused of sexually harassing a singer Shwetha Pandit during
her teenage. Malik did not accept his allegations but took a moral
responsibility and left the duty of being a judge on Indian Idol.
4. M.J. Akbar who is journalist and
minister of state for external affairs where Sixteen females who worked with him
accused him of sexual harassment. He did not accept the allegations and filed a
defamation case against a journalist Priya Ramani. Later he resigned from the
post of minister of external affairs of the state.
5. Vinod Dua who is an editor was
accused by Indian film maker Nishita Jain, documentary film maker Sunita
Thakur, television anchor Janvani of sexual harassment. He refused all his
allegations and now The Wire (Vinod is a consulting editor) formed internal
complaints committee to investigate the matter thoroughly.
6. Satadru Ojha who is an editor was
accused of sexual harassment by two female journalists who worked with him. He
did not accept the allegations and condemned for defamation. The Times of India
formed an inquiry to investigate the allegations.
9. Anti
Slapp Law
Strategic lawsuit against public
participation (SLAPP) suit is designed to censor the speech of critics as
opposed to asserting valid claims of defamation. In other words, it is said to
be a slap on the face of anyone who speak against the power. The idea behind
this suit is that some kind of contents which are spoken or published
maliciously which is harming the reputation, dignity and status of a person
which is concerned. Any person who has been defamed in public can file a suit
under a slapp suit. The plaintiff files a defamation suit against the defendant
by establishing all the necessary details which is likely to succeed. Here the
defendant makes a motion to dismiss the suit because it may sometimes involve
the matter of public concern and freedom of speech. The court after going
through the facts of the case and reveals the judgement either for the
plaintiff or for the defendant and may award cost and fees to the winning
party. This slapp suit can sue defamer or a critic for criminal interference or
for defamation. These Slapp laws are state laws and are not federal laws. It is
unclear whether the state slapp law will apply in a federal case. These Anti –
slapp law defenses protect the speech that is made in connection with any issue
of public interest.[1] In few
Anti slapp law is to protect the detractors or the critics from the SLAPP
lawsuit providing them with a remedy.
Few people argue that they need anti slapp law
so that they are protected and not made precedents for future generations of
free speakers.
In India, there is no such provision
called as anti - Slapp laws. The concept of Slapp suits in Indian jurisprudence
is not at all present. These Anti slapp laws are applied in few states like in
California it exercises on free of speech where the law here is considered to
be broad. In Pennsylvania this law is considered to be narrow as it applies on
environmental matters or licensing. Some are broad as well as narrow like
Maryland, Virginia applies to governmental or public concerns and interests.
In India such harm is checked under
the provisions in both civil and criminal defamation laws of IPC section 499
and 500. According to Section 499 of IPC, whoever speaks or by words or by
signs or by visible interpretations publishes knowingly with intention to harm
another person’s reputation to defame that person. Section 500 of IPC deals
with the punishment of defamation that is whoever defames a person will be
punished with imprisonment which can extend to two years or with fine or both.
The supreme court stated in the year 2016 in Subramaniam v. Union of India,[2] “The
right to freedom of speech will not be an absolute right but a person’s right
to freedom of speech and expression must be balanced with other person’s right
to reputation”
10. Posh
Act
The "Prevention of Sexual
Harassment of Women at Workplace Act" was passed in 2013. The
Ministry of Women and Child Development was in charge of enacting it. Sexual
harassment not only produced an uneasy and uncomfortable workplace, but it also
had an impact on the woman's job performance. It also harmed their social and
economic development, as well as putting them under a great deal of physical,
emotional, and psychological strain. This Act was more detailed than the
Vishaka Guidelines, defining the terms Sexual Harassment, Employee, Workplace,
and the Employer's role and obligation. All companies with ten or more workers
were required to establish an Internal Complaints Committee. In the event of
disobedience, action may be taken.[3]
11.
Avoiding Defamation And Serving The Actual Purpose Of Metoo Movement
Me Too movement is actually a very
great initiative taken, but most of the times it is not serving the actual idea
of this movement. The main purpose of this movement is to stop the violation
against sexual harassment or abuse against woman and also men. It is misused in
many ways as we discussed like for money or to defame a person. The problem
here is the society thinks only one way but does not try to go deep and
investigate the true facts of the case and then come to a conclusion. Social
media and news channels are the once who defame a person’s reputation, position
and right to live with dignity in a society. Once the woman on social media
gives a statement on so and so person, society comes to a conclusion that the
woman is right. Woman can be right but not knowing the facts of the case we
should never judge anyone. These news channels judge very easily relying on
that statement and completely against the person who is accused. Finally, the
only solution for avoiding defamation is to take responsibility of scrutinizing
each and every case thoroughly and then decide who is the actual criminal.
12.
Conclusion
Inequal power distribution between
men and women limits women's personal liberties and prevents them from fully
participating in society. As a result, women still suffer stigma and
traditional gender standards while using their right to freedom of speech to
tell their story and speak out against sexual abuse. As a result, women and men
do not have equal access to exercising their freedom of speech rights. As
previously stated, the #MeToo movement was a tremendous and game-changing
campaign by women throughout the world in 2017 to condemn sexual assault
against women. #MeToo provided a forum for women to use their right to free
speech and break the silence around sexual violence. It also increased
awareness and challenged gender norms and institutions that disproportionately
harm women.[4]
This essay focused on defamation and
MeToo movement and also the impact of social media, news channels misleading
the society. The importance of a deep investigation of each and every case
analyzing on the true facts of the case. The role of Anti – Slapp laws are also
been discussed in brief. It gives a complete idea on how the MeToo movement is
being misused with money, publicity and political influence. The actual purpose
of MeToo movement has to be understood and utilized. Finally, it gives complete
idea on misleading facts of MeToo movement leading to defamation.
13.
Bibliography
1.Shaina. W, “The Impact of the
#MeToo Movement on Defamation Claims Against Survivors”, Published fall
2020, accessed February 20 2022.
2. Ms. Seema S, Dr. Pavitar Parkash S
, Dr. Sorabh L, “Role of Social Media in creating awareness of Sexual
Violence against Women: An Analysis with Special Reference to # MeToo Movement
in India”, Published 2020,
accessed 19 February 2022.
3. Pooja B, “Milkovich, #MeToo,
and “Liars”: Defamation Law and the Fact Opinion Distinction”, Published
2019,
accessed 20 February 2022.
4. Lovisa Damström; “#MeToo, Men’s
Sexual Violence against Women and the Chilling Effect of Defamation Lawsuits: A
Feminist Critique of the Swedish Criminal Justice System”;
accessed 23 February 2022.
5. Kanchan Verma; “Impact of
“METOO” Movement on Implementation of POSH Law”; < https://blog.ipleaders.in/metoo-movement-implementation-posh-law/>
accessed 23 February 2022.
6. Kumar Rajiv Ranjan, “Legal
recourses available to companies against corporate defamation: a review”;
< https://blog.ipleaders.in/legal-recourses-available-companies-corporate-defamation-review/#Some_significant_lawsuits_in_defamation_cases>
accessed 23 February 2022.
Article Information
Defamation: A Unique Global Perspective Of METOO Movement (By-Tarannum Syed)
Authors: Tarannum Syed
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/10/08
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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