It has been a tendency to silence women, one way or another, if and when they start to speak out against a course of action that looks to break the norm of patriarchy, gender notions and general outlook of the society. We've witnessed overtime how perpetrators, even after proven guilty, have used defamation suits to silence women. What's changed now is that women are no longer afraid, shamed or doubtful. They can no longer be silenced, come what may. The last two weeks saw several women sharing their own #MeToo stories and calling out men for alleged sexual harassment. The #MeToo movement has now advanced to a legal stage where MJ Akbar, who has been allegedly accused by 14 women, has resorted to the court and filed a SLAPP lawsuit citing defamation against one of the women.
SLAPP (Strategic Lawsuit Against Public Participation) is a lawsuit that is intended to censor, intimidate and silence people. This intends to burden the other party with the cost of a legal defense until they abandon their criticism or opposition. Threats of defamation suits have long been used particularly in cases of sexual harassment.
Here, let's take a look at some cases where SLAPP suits have been used to silence women over the years.
MJ Akbar’s Defamation Case
Journalist Priya Ramani, a few weeks ago, exposed the alleged misconduct of MJ Akbar. This led to 13 other women sharing their harrowing experiences of sexual harassment with the journalist-turned-junior minister. MJ Akbar has now filed a defamation case against Ramani. Akbar, who recently returned to India after a foreign trip, called the #MeToo movement a political agenda.
- In his petition against Ramani, he accused her of “wilfully, deliberately, intentionally and maliciously” defaming him. He has also sought her prosecution under the penal provision of defamation.
- Apart from Ramani, other women who have accused Akbar include Ghazala Wahab, Shuma Raha, Anju Bharti and Shutapa Paul. About the defamation case, Ramani told Telegraph, “The truth is the best defence in any defamation case.”
- Ramani had written about her account of sexual harassment in Vogue magazine last year but she had not named Akbar in her story. After the #MeToo campaign created a storm in the country, she named him in a tweet. Akbar's suit, with an army of 97 lawyers, against one individual goes on to prove that winning the case is not the agenda here but is a way to drag the women to court and intimidate them until they withdraw.
- Reportedly, the court has fixed 31 October as the date to hear the matter further and for submission of due evidence. MJ Akbar will have to appear in person to record pre-summoning evidence. Recently, Akbar offered his resignation as Minister of State for External Affairs.
Harvey Weinstein vs New York Times
Last year, New York Times investigative reporters Megan Twohey and Jodi Kantor cracked a story about Oscar-winning movie producer Harvey Weinstein. The story revealed his predatory nature and his alleged sexual harassment ordeals against many in the Hollywood industry.
- NYT published a story detailing decades of allegations of sexual harassment against Harvey Weinstein. Actresses Rose McGowan and Ashley Judd were first among the women who came forward.
- Weinstein issued an apology acknowledging his actions but disputed allegations he harassed female employees over nearly three decades.
- In a move to abolish the NYT story, Harvey Weinstein decided to file a defamation suit against NYT. His lawyers told The Hollywood Reporter that he is preparing to sue the New York Times.
- The defamation threat did not stop the NYT reporters and other women to speak up against Weinstein and so the suit never happened.
- He turned himself in to the NYPD on May 25 2018, but now a Manhattan grand jury indicated that three new charges against the film mogul with additional sex crimes, could land him in prison for life, ABC News reported.
NSE vs Sucheta Dalal
In 2015, the National Stock Exchange complained that an article published on 19th June 2015 by Sucheta Dalal and Debashish Basu, on their online news and analysis journal or website moneylife.in, is per se defamatory.
- The NSE, soon after, filed a 100 crore defamation suit against Moneywise Media Pvt Ltd. The case cited the publication of a whistleblower’s letter in Moneylife’s web portal.
- The article revealed how certain NSE officials were giving undue advantage to specific brokers in their co-location facility set up for high-frequency trading (HFT).
- NSE moved the Bombay High Court on 21 July 2015 to stop the publication and circulation of the article and also asked Moneylife to offer an unconditional apology.
- The Bombay High Court, however, dismissed NSE's notice of motion and directed them to pay Rs 50 lakh to Moneylife.
- Justice Gautam Patel had observed courts cannot be treated as a playground. He stated that NSE's failure to share comments cannot be accepted.
Mahesh Murthy vs Wamika Iyer
Last year, a startup founder Wamika Iyer went public with her interactions with Mahesh Murthy, a venture capitalist. She shared the conversation she had with Murthy which made her highly uncomfortable.
- In February 2017, co-founder of Vayuz – Pooja Chauhan and Wamika Iyer, Founder of FrshDay.in had shared their conversation with Murthy.
- Earlier this year, Murthy was arrested for allegedly stalking and sexually harassing another Delhi woman in early 2017. He was released on bail hours later.
- Murthy threatened to file a defamation case against the women concerned for allegedly tarnishing his reputation. He, however, could not get too far as many women were waiting to speak out in the near future.
- By 2018, four more cases against Murthy came out alleging sexual harassment.
- Murthy wrote his side of the story on Medium.
Also Read: All We Need To Know About Harassment Laws At Workplace