NAMING NAMES: THE PROLIFERATION, LEGALITY, AND BACKGROUNDS OF “SHITTY MEDIA MEN” LISTS

Sparked by growing concerns regarding Brown University’s handling of sexual assault and harassment cases

Reports and cases would result in penalties such as “apology letters”, “father-son” talks with the dean, or “mediation sessions”

When painted over by the administration, lists were recreated on bathrooms in dining halls, science classrooms, basements, and more

The anonymity of the lists protected creators and sexual assault survivors from legal or administrative consequences

2018, NEW YORK, SHITTY MEDIA MEN

Created by Moira Donegan, who was working as a New York based journalist at the Cut

Began as a google spreadsheet that allowed users to anonymously contribute information about men who had a history of sexual misconduct

Was intended to be a sort of whisper network but quickly became explosively public

2016, RHODES UNIVERSITY, REFERENCE LIST

Began with the names of eleven men and an “et al.”

Sparked a high-tension protest where crowds surrounded the homes of many of the men named on the list

Set into motion student efforts to create resources and better university protocols for sexual assault and harassment cases

None of the eleven men were found guilty of any sort of sexual misconduct or assault

2017, UK, INDIA, AND US, LOSHA

Published by a student named Raya Sarkar, who was studying at UC Davis at the time

LOSHA stands for the List of Sexual Harassers in Academia

Included the names of 75 men across 30 universities in the US, India, and the UK

While some universities investigated the faculty and professors named, others stated that their hands were tied due to protocols in their harassment guidelines

2019, UNIVERSITY OF CAPE TOWN, RAPIST LIST

Was read out at a memorial service for Uyinene Mrwetyana in September of 2019 and circulated across social media

Uyinene Mrwetyana was a student who was raped and killed on the University of Cape Town’s campus

The list named abusers and sexual assaulters on campus

2018, UNIVERSITY OF WASHINGTON, COMMUNAL RAPE LIST

Published on a website named “Make Them Scared”

Site received over 400 submissions, more than 120,000 page views, and widespread interest

Sparked interest in similar sites at the University of Idaho and Washington State University

2014, COLUMBIA UNIVERSITY, RAPISTS ON CAMPUS

Flyers circulated with names of rapists on Columbia’s campus, stating that the men named were found to have sexually assaulted someone by the university

Named both staff members and students

Initially, the names were written in a women’s bathroom, but was scrubbed away

THE CONSEQUENCES: WHY RISK IT?

Though anonymous lists scribbled on bathrooms or printed on flyers are popular, many lists were also published by students under their real names and/or social media accounts

Many of these individuals ended up facing heavy consequences from administrations or lawsuits

Yet, even after seeing case after case of defamation lawsuits and university investigations, these lists continue proliferating across industries and campuses

DESPERATION: THE COMMON THEME

For most, these lists result from the failure of universities and judicial systems to adequately serve the needs of survivors

Though easy to generalize these lists as products of the #MeToo movement, examples of these lists prior to the #MeToo movement or even social media prove otherwise

Across years and countries, these lists have been scrawled across bathrooms, alleyways, bridges, and other common spaces

They call back to a tradition of “whisper networks“; they’re a way for disadvantaged and structurally oppressed communities to protect each other from those who would abuse their power

They serve the dual purpose of fostering solidarity across survivors and protecting them from the harassment they may face in legal and administrative systems

Time and time again, these lists are met with calls to rely on the administrative and legal systems in place to handle sexual assaulters

These represent a fundamental misunderstanding of the reason why these lists came into being in the first place

THE CHANGING LEGAL BACKGROUND

Rape lists tend to result in the same criticisms; that innocents could be accidentally named, and these lists bypass due processes

From these criticisms come defamation lawsuits; the preferred weapon of choice against these lists

By definition, defamation is “a statement that injures a third party’s reputation

Defamation lawsuits must prove several things- that the statement is false, the statement was repeated to a third party, there was some fault(minimum of negligence), and that damage was caused

Several defamation lawsuits have been won against key individuals in the #MeToo movement and college rape lists

A key defense is the anti-Strategic Lawsuit Against Public Participation, which was initially written to protect whistleblowers

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