The Important Difference Between Reputation Assault and Defamation

The uncommon knowledge that is invaluable to understand

What we feel is defamation of our reputation and overall well-being isn’t always factual. That likely sounds cold, dishonest and offensive yet it is reality.

So, I’m going to extend my sincere apology for how what I just wrote might be experienced by some, or many readers.

With your permission, I will explain what I mean.

To meet legal criteria for defamation (slander or libel), something we won’t get into today, the bar is set unbelievably high, unreasonably so I continue to argue, in the name of free speech — by the law, precedent and judges.

In some ways, although mostly not intentional, the law and judges do very much enable egregious behavior that, in intent, is criminal, yet can’t be proved to satisfy legal criteria.

No matter how much a person feels or knows their reputation has been badly harmed and might protest, succeeding in ‘winning’ a defamation suit is usually unreasonably difficult.

Not impossible, of course, as plaintiffs do win cases of course, although not as many as the public would speculate, but still an challenging, costly climb up the mountain, with low odds of success in most situations.

This said, a person or group can certainly do their own research and always consult an attorney or different attorneys and additional specialists in defamation, to be certain where they stand. I recommend this if your pain, concern and anxiety is high.

However, the main point of this article is to focus on what the truth also is when you feel defamed. The law and judges might not believe you have a case and even if you do file a lawsuit, the judge might not rule in your favor.

Yet that doesn’t, in any measure, mean that you and your reputation haven’t been assaulted and abused, badly hurt, immorally and culturally so, and suffered multiple damages. So the law might turn its back on you but remember you can very well have been assaulted and battered.

Just like the fact I mentioned at the beginning of this piece, this too is factual and true. While this is not an absolute, yet it is at times, reality.

What may not be viewed legally as defamation can still be a ‘crime’ against human decency and the humanity of another person or group. It just may not be able to be proved, validated and rewarded in court.

You might find this disappointing, discouraging, infuriating, unacceptable or depressing.

That’s 100 percent fully understandable.

So, you might think, now what, if I can’t defend myself or people I care about, how do I respond legally, since I don’t want to recklessly take matters into my own hands?

Focus more on the power of what you can do, legally and morally, than what is outside of your power. This is highest-level wisdom and your way forward.

I will bypass the psychology of the moment that is involved. Maybe I can write about it another day. What I can and will do, however, is briefly discuss a strategy that can mitigate damage and pain and help you and your reputation prove resilient.

Accept that the perpetrator may be untouchable legally. Maybe this isn’t true in your case yet it is in many instances. Again, focus on what you can control because that’s part of your solution. Don’t obsess on retaliation or even exposing the other person or persons. That’s natural yet a pursuit likely to bring you additional misery: emotionally, psychologically and maybe in may other miserable ways.

Don’t react and attack back. It doesn’t work well usually and can make you look more guilty, drawing an extra heaping of negativity on your name, reputation and well-being.

Work your way into a clear state of mind so you can develop critically-important clarity about how to intelligently, skillfully, with poise, respond, keeping the big picture in front of you while also tending well to immediate and short-term goals and needs.

Seek professional reputation assistance of some kind, an objective voice and presence, to support your mission. I can’t stress how vitally important this is for success. Without this type of person, you are likely to make critical errors along the way that can compound the stress and damage you are experiencing. Know that professionals are specialists who recognize, learn and know the ‘lay of the land,’ so to speak in reputation attacks.

Devise together with this professional a success strategy of ongoing and healthy stress management, communications and conflict management that addresses all important issues in front of you.

Then work both independently and together in a tight collaboration, with discipline, focus and perseverance, methodically moving forward to protect, restore or reconstruct the health of your name and reputation.

Michael Toebe is the founder and specialist at Reputation Quality, a practice that helps individuals and organizations with reputation development, protection, restoration and reconstruction.