Women Empowerment Culturist, Essayist, Thinker, Social and Legal Activist on advisories on Family Law in India, Evolutionary Developmental Feminist, Social Activist and Campaigner for Women's Rights, Multiple State, National Award Winner and Internationally acclaimed Multiple World Record Holder, Renowned name in Contemporary Literature, Suicide Prevention Expert, World Recognised Authoress Mayaa SH speaks on Emotional Distress Induced by Defamatory Content.
What is Defamation?
Defamation is the act of sharing false information that harms the reputation of a person, business, or organization. It can lead to legal proceedings and can cause distress and income loss. Character assassination involves deliberate or undeliberate attempts to tarnish an individual's reputation and credibility. It's a deeply personal attack, affecting not just one's professional life but also their self-esteem and mental well-being.
"Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases after this."
There are two types of defamation:
Libel: A defamatory statement that is written down or recorded, such as in a letter, email, social media post, or text message.
Slander: A defamatory spoken statement, such as in a speech or conversation.
Defamation can be misused by people and powerful individuals to stifle free speech. However, defamation can also provide recourse to seek justice for the non-consensual sharing of images (NCII) or other personal attacks. Defamation is a false statement presented as a fact that causes injury or damage to the character of the person it is about. An example is “Mr Vikas stole money from his employer.” If this is untrue and if making the statement damages Vikas's reputation or ability to work, it is defamation.
Where does defamation happen?
Anywhere. There are hot spots, like communities, associations, schools, parks, gatherings, online, and small businesses. Corporate houses/ departments - slanderers usually resort to "damning by faint praise."
Forms of Character Assassination can include:
Direct Attacks: These include clear-cut false accusations, rumour-spreading, and openly derogatory remarks.
Subtle Tactics: More insidious and often harder to detect, these include undermining comments, passive-aggressive behaviour, or exclusion from key communications and gatherings. Defamation occurs when someone “makes or publishes” a statement about another person with the intent, knowledge, or reasonable belief that doing so will damage the other person's reputation.If the defamatory imputation is made available to the public at several places then the offence is committed at each such place. Though the first offence may be committed at the place where it is printed and first published, it gets repeated wherever the newspaper is circulated at other places.
What is the emotional distress and trauma related to defamation?
Emotional distress or mental anguish is classified as a psychological injury that can be asserted in civil and criminal lawsuits. It can be caused either intentionally or by negligence. Emotional distress can also be caused by a physical injury. If you’ve been defamed, whether verbally or in written form, you can sue for emotional distress damages. However, you need to have viable proof, and acquiring that is not as easy as it seems. Proving emotional distress is more complicated than proving a physical injury.
As a plaintiff, you need to prove the defendant intentionally or unintentionally inflicted mental anguish on you. You have to show that their actions were made with the intent to cause you harm or that person or entity failed to act in good judgment and with a certain level of care.
It’s difficult to quantify emotional distress. The process involves several factors, and it’s not a perfect science. Claims are typically calculated by considering the value of any mental health treatment, prescriptions, lost work and wages, stress and anxiety, or PTSD suffered from the defamation. There are numerous repercussions of Defamation and the emotional wounds that it causes people:
Ripple Effects in the Workplace:
Beyond the individual, this toxic behaviour can sour team dynamics, diminish morale, and disrupt productivity. A negative atmosphere can ripple out, leading to higher staff turnover and tarnishing the organization's image. Not to mention the implications of their job security and continuity.
The Subtlety and Its Impact:
The most damaging aspect of character assassination is its subtlety – a doubtful look, a dismissive gesture, a carefully crafted insinuation. These small acts of aggression can be as harmful as overt attacks, slowly undermining a person's standing in a way that's difficult to confront or prove. Defamation of character is a serious issue and results in emotional distress for many.
This can lead to psychiatric problems, pharmaceutical dependence, and high levels of stress and anxiety, as well as cause problems at work, or worse, lead to the loss of one’s job entirely. It should be taken seriously and handled swiftly. Make sure you reach out to a lawyer who has experience in or specializes in defamation cases. Also, keep accurate records of any issues after you experience defamation.
Is there any scope for the court to strike down criminal defamation since it was part of Article 19(2)?
Apart from Article 19(2), the court also relied on the expanded meaning of the right to life under Article 21, which has been interpreted as the right to live with dignity. Defamation affects an individual’s dignity and, therefore, for the protection of his/her dignity, an individual must have effective legal recourse. There is no answer to say that such legal recourse is available under civil law because civil law is expensive to invoke and a defamed person in addition has to bear the burden of paying court fees on a civil suit. So, this is not an equally efficacious remedy.
Secondly, monetary recompense is not always a possibility because the defendant would not be in a position to pay heavy damages. The laws of criminal defamation have been codified under Section 499 of the Indian Penal Code 1860 and to fall within the confines of this Section, a person must have made an imputation about another person with either an intention, knowledge, or reason to believe that such an imputation will harm the reputation of the person against whom such an imputation is made. This imputation could be either by words, signs or visible representations and they could either be made or published.
"Criminal defamation is necessary to protect women. Women in professions are often the victims of the most vicious defamation about how they have progressed in their careers, etc. Should every woman who is subjected to this kind of defamation at the workplace only have an expensive civil suit as the remedy?" The victims of character assassination often suffer silently, bearing the weight of stress, anxiety, and a shaken sense of self. Research in occupational psychology shows that such experiences can lead to a decline in job performance and mental health issues.
About The Author:
Mayaa SH is a prominent Indian poetess, memoirist and a known name in Contemporary Literature whose work is known for her open discussion on women’s rights and voices and experience of being an Indian woman. Most of her writings deal with women living in a patriarchal society (male-dominated society). Female sensibilities are deeply spread through her writings along with her extensive work for gender neutrality.
Mayaa SH is best known for getting logical congruence for understanding the role of tradition and societal dogma in shaping women's lives and identities speaks on how she underwent character assassination and the resistance she culminated as the urge to not react. In her words, "It's natural to want to defend yourself, but this can often make the situation worse. Reacting can give the person who is attacking you the attention they want, and it can also make you look guilty or defensive."
Mayaa SH also known as Mayaa Devi, Mayaa Tai, Mayaa Di, Mayaa Audio SH, Pushpa ‘The Fire’, Padma Of The East, Lady Robin Hood, Female Chulbul Pandey, Lady Karl Marx, MS Dhoni Of Writing,Lady Singham and Lady Gandhi is a known name in Contemporary Literature. She is a Multi-National Award Winner, a thirteen times World Record Holder, An Artist, a Podcaster, a Record Chart Topping International Fastest Anthology Co-Authoress and has been chosen as number 1 of The Modern Literary Stars Of India, in 2022 by Cherry Book Awards for making a valuable contribution to Contemporary Indian Literature.
She has Won In Memorable Performance in the category termed ‘Other than English write-ups “ for her appreciation of hard work, creativity and dedication in Grand Christmas Competition 2.0 which has been a world record event of the largest creative event hosted online with more than 1000+ participants. Mayaa SH is a Women Empowerment Culturist and a gender equality exponent to position and contextualize her work within the 2030 Agenda for Sustainable Development. She has depicted gender inclusivity and equality through her certifications from the United Nations and powerful writings on Feminism, Gender Equality, and
Transforming Vision Into Action:
Transmogrification on Transgender Community and Mental Health Awareness Topics. Her work depicts the identity, economic and social freedom of many. She has co-authored more than hundred and fifty plus anthologies with 14 solo books and has been aligned with more than 85 publication houses. She has been featured in several magazines and women-oriented oriented like Tejaswi -The Imperishable on Women Power and Honour including a few international magazines.
Her first poem “The Candle In The Wind” made her win an Award at the National Level. She navigates many women through stress by deploying talking as a medium to combat stress and fear. In the words of Mayaa "Someone has said that courage is not the absence of fear, it is a decision made by you that there is something else, which is more important than your fear. Don’t let your doubts, fears and failures overwhelm you.
Don’t be afraid to act. make plans. Change is not possible without taking steps. Understand your interests, values, thoughts and dreams. Don’t be afraid of mistakes. Learn to be calm if you don’t understand something, take someone’s advice. Listen to others too. Instead of sadness and anger, choose the path that leads to empathy and compassion. Don’t compare with others. Winston S. Churchill says, “No victory is final and defeat is not the end.” Courage is the continuation of this sequence."
Disclaimer:
This article is for informational purposes only and does not constitute professional advice. Opinions expressed are the author's own.
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