BIG SOULLESS MEDIA takes on TINY BUT MORAL BLOGGER! It’s the stuff movies are made of! No? Ok, so I don’t really watch movies but it’s a story we’re all familiar with and if you are a blogger yourself, you probably already know where this is going. There has been a bit of a legal kerfuffle going on behind the scenes here at The Great Fitness Experiment. You wouldn’t know it unless you are a reader unfortunate enough to have subscribed to the comments of the afflicted post and/or you have ended up on the receiving end of one of my tirade-ish e-mails.
Why have no less than four lawyers been sic’ed on me over the past year? I published pictures of ultra-thin models and dared to say the images promoted disordered eating.
The post, called Functional Anorexia, was written over a year ago about the prevalence of women lauded in our society for living an eating disordered lifestyle but managing to stay just this side of living. It’s Tori Spelling quibbling with Star magazine about her low weight (“Tori is a shocking 95 lbs!” “No, I’m not! I’m a whole 107!”) never mind that either weight for her is considered underweight and unhealthy. It’s every starlet who says they’re just born thin when actually they live on Scotch and Swedish fish. And it’s every model wallpapered in the background of almost every magazine, television shows, ad campaign and website targeted to women.
You know the models I’m talking about – they’re not famous enough, or well-paid enough, to actually have names. More often than not they’re just underage waifs from poverty stricken countries who are chosen for their coltish limbs and familiarity with malnourishment. Too frequently they are sexually, physically and economically abused by their handlers. There is a reason this aesthetic is sometimes called “Auschwitz chic.” It is a lifestyle that hurts everyone involved. We see the pictures of them and feel badly about ourselves, internalizing the thin-at-all-costs mentality. They become fodder in a fashion machine that chews them up and spits them out with nothing to show for it but debt and a chemical dependency. To say these images do not promote an unhealthy lifestyle is using the OJ Simpson defense logic: perhaps we can’t say with 100% certainty that OJ killed Nicole (or that seeing anorexic looking women promotes anorexia) but everyone knows it’s true anyways.
Not the lawyers though. If you read my original post when it first ran, you might remember the pictures I used to illustrate the article. Stark black-and-white portraits of young girls so thin they looked like walking anatomy charts, all being aggressively promoted by the same Mega Huge Modeling Agency. For weeks the only people I heard from on the topic were readers – in fact, it became one of my most-read posts ever, even being featured on the Chicago Times and USA Today websites. The popularity began the problem.
Over the ensuing months, I have received e-mails promising a lawsuit from the lawyers of every one of the models I featured, save one. The lawyers allege that my article says their client has an eating disorder which, they claim, she certainly does not and also (you know if perchance she did) that kind of defamation could hurt her career. They demanded I pull the pics and as you can see on the post I obliged. While grovelling my apologies. Because I totally don’t want to be sued. (Seriously, if they garnered all the profits I made from this website for the entire 2 years it’s been running they wouldn’t even be able to get whip on their Starbucks hot cocoa.)
Here’s the thing though: I never said those particular models had an eating disorder – I don’t know them from Barbie – I only said that use of those types of images promote an eating disordered lifestyle. Which I still firmly believe.
The Big Media won. I was censored. My point was buried under their legalese. And yet, there is a strange ending to this story: a few weeks ago I received one of the most plaintive e-mails I have ever gotten. It was from one of the models herself. Her English was very poor and the IP address was from Budapest but she managed to express herself very poignantly. She plead that I remove not only her pictures from my site (which I had already done after her lawyer had threatened me in 3 different languages) but to remove her name as well. Because, she wrote, she desperately needed the work. Her whole family depended on her earnings and she was so new to modeling she just couldn’t take the risk of missing a job because of this.
While I hated her lawyer – and all the lawyers – with their scare tactics, her e-mail went straight to my heart. How could I deny another woman, another sister, the chance to work and support her loved ones? Even if her job hurts us all? I read somewhere that the only professions where women, as a rule, make more than men are modeling, stripping and prostitution.
People think women are just vain to worry so much about their looks. Turns out that maybe we’re just pragmatic.
So, what do you think? Did I slander these girls? Do super skinny models, whether or not they are eating disordered themselves, promote eating disorders? Did I cross a line? There is exactly one picture left on my original post. I urge you to look at it before you answer.
If all the women pictured on that particular post were as shockingly thin as the one in the remaining picture, then no, you did not slander those women.
I truly feel sorry for the girl who emailed you and told you that she was supporting her family in that manner, but the exploitation of these young women makes me so angry, I can scarcely be coherent!
I have to stop now before I say something slanderous.
Stretching my memory back to the one business law class required of my business degree. I am not surprised the Mega Model Corp put up a tiff about the photos, copyrights of images are pretty standard. But the "defamation" is ridiculous lawyer B.S.! You didn't slander those girls. You needed to use a picture to show what a BMI of 14 looks like. The W.H.O. has defined a BMI under 18.5 as "unhealthy" and a "model" is defined as "an excellent example that deserves to be imitated", how does that not equal promotion of an unhealthy weight as ideal?
It's hard to believe that anybody would find that look attractive, and that woman doesn't look the slightest big huggable. Sometimes I'm really glad that I'm all but ignorant of mainstream culture, in my hippy no-makeup thrift-store clothing farmers market lifestyle. I don't think it's slander, but I could see how the girls would be upset. Have you heard about the controversy over that Ralph Lauren model, who was so photoshopped that her head was bigger than her hips? They're embarassed, and they should be.
It's hard to believe that anybody would find that look attractive, and that woman doesn't look the slightest big huggable. Sometimes I'm really glad that I'm all but ignorant of mainstream culture, in my hippy no-makeup thrift-store clothing farmers market lifestyle. I don't think it's slander, but I could see how the girls would be upset. Have you heard about the controversy over that Ralph Lauren model, who was so photoshopped that her head was bigger than her hips? They're embarassed, and they should be.
I didn't see that post when you first wrote it last year (I'm a relatively new reader) but judging from the one picture you left up, I think it's safe to say that these images DO promote eating disorders. The girl in that picture is a skeleton. No one is that skeletal without either starving or being extremely ill. You didn't slander these women or that modeling agency but you DID point out that they're making money by harming women for the sake of thinness. That that image might lose them money kind of proves that you're right. But I guess those images DO belong to them so you had to take them down.
But I do feel bad for that woman who e-mailed you begging you to remove her image so she could continue to support her family with her modeling. I just hope she can some day she can find something to support her family that also allows her to support herself and her own health.
I was going to grab breakfast, but I think I just lost my appetite after seeing that one picture. I'm all about thin, and am hoping to be a bit thinner myself some day soon, but that's too thin. No, not too thin, disgustingly thin. Pardon me while I go block every website in existence from my daughter's prying eyes.
I, too, feel sorry if that's what she has to do for her family to make money. But at what point is starving yourself to make money trying to be a model akin to prostitution? Isn't that what the modeling company is doing with them, pimping their look and picture for a buck?
I'm a lawyer and I do a fair amount of media/entertainment law. Truth is an absolute defense to a defamation action. And, based on the remaining picture in your original post, it appears as though describing these women as disordered was absolutely truthful. From a legal standpoint, I like your position better than that of these models. Keep up the good work and don't let lawyers push you around!
I'm sorry for the difficulties you are encountering with all of this, and I hope is resolves easily!
Hopefully the truth can stand alone in all of our articles!
Horrible stuff Charlotte! I feel so bad for you & this crap! That one pic is beyond horrible. I hate to bring up the Holocaust being Jewish but… well, you know here I am going with that.
I heard just recently someone in the know say how all these super thin models & starlets say one thing & do another. They talk about how they eat right & exercise but then behind the scenes they are not eating & not doing what they say they are doing.
I think this thin crap has gone way too far. Girls do look up to these ladies on TV & now teens on TV & want to be like them.. not good!
I wish you the best! You take on hard subjects!
I applaud you for your efforts to keep this information in the forefront and I am sorry that it has caused trouble.
You have nothing to be sorry for. More of us should have the guts to stand up to these things.
Keep up the good work!
Rhonda
I'm not surprised that they got all proprietorial about their photos and I'm not surprised they'd be worried about negative publicity…But no, it doesn't sound like slander to me. The original post does not read like you are blaming the individual girls/models, it's more about where that pressure is coming from. We all (or most of us) feel it to some extent, and it's not right. We should want to be healthy – not skeletal. It's sad what it does to these girls and it is dangerous. Someone needs to stand up for them and I say good for you Charlotte.
Thank you for posting this struggle. It involves the two things I am most passionate about: the dilemma of female body image and IP law.
While it is fair use for you to use images of models on your site to display the point, there are some "Rights of Publicity" issues, and since you never claimed that any of the girls directly had an eating disorder, you might have a shot in court, but it wouldn't be worth risking unless you have a few thousand dollars sitting around to hand out (which, coincidentally, is the whole reason these big businesses are able to sue so readily: they do have a few thousand dollars just sitting around for things like this)
But if you can't show the images, you can show the stories. Publishing things like this are just as much of a slap in the face as the original images (sometimes even moreso, because some unfortunate thinspo seekers actually praise these near-death images as the most beautiful things they've ever seen).
I believe it's a common misconception that these super-thin models go out after photoshoots with their millions of dollars and drink a light soy-frapp, then go to clubs and dance all night, only to wake up for another photoshoot. To let it known that these people are just barely able to survive, and that the only difference between them and the malnourished masses of third world countries is the makeup they adorn and high-end camera in their face. This is as much of a wakeup call as images of jutting collar bones and hallow cheeks.
Hi Char!! I miss you girlfriend!! But I know this time is for you and baby girl and your family, please enjoy it and forget about us at the YMCA. We will always be there for you!!
Anyway, I am SO sorry that a public blog has become a lifesaver for some of us, has become so negative for others (ie: a model). She is in the public eye and modeling was her choice. Blogging is your choice. I am amazed that legal action can even be taken on a public forum.
Hold your head high because you do a FANTABULOUS job of this daily blog!!!
Love you, Char!
Also… let it be known that the problem is not always with what the media puts out, but with how the public reacts to that media.
Photos of the one girl you left up on the original post also appeared on a modeling forum, and was met with words of a different tone that yours. Namely, to quote, "WOW! WOW! WOW! She is absolutely, stunningly, gorgeously beautiful! :wub: :wub: :wub: :wub: :wub: "
It's this kind of public attitude that leads to social acceptance of a starving girl as beauty.
I think you did cross a line. The girls in the pictures are people, and you kind of held them up as freaks and insinuated that they had an eating disorder. I mean, I know you've shown pictures of "plus-size" models too, but usually in the "how gorgeous are these women? Can you believe they're plus-size?" way.
If you had posted pictures of women who were that far away from a "healthy" BMI in the other direction, saying how bad compulsive overeating was, people would say you crossed a line, so I think you did here, too.
You did not slander…the protruding bones in the model that remains made me cringe.
I feel bad for the girl who emailed you – she is obviously trying to make good for her and her family with her looks…I'm saddened that that is the look that sells. I still wonder – how in the hell is protruding skeletal bits sexy?
I'm not surprised that you were contacted by lawyers…I do think you should be able to express your opinions. Despite all the modelling world does to say they don't promote unhealthy body image, the girl in the remaining photo looks dangerously thin. Unhealthy. I do not think that is slander. It's jsut a fact…
Well, hey, if you got threatened, at least you know your blog is pretty popular, right? đ Silver linings and all.
I'm pretty sure I would have done the same thing in both instances (as I don't have a few grand sitting around to go to court with). I understand wanting to be thin and healthy, but I still don't understand how anyone looks good THAT skinny. Will never be there, never want to be there, so that's that for me.
Hm. That's a good question. I agree with those who have posted that legally you weren't slandering anyone or breaking any laws. I guess the only one I'd have taken down on ethical grounds would be the one of the model who emailed you. That's just heartbreaking. Otherwise though, I think the image left (and presumably the ones that were removed) is simply being used to make a point, and as such, I'm pretty sure it's covered under fair use laws. (Though I could be wrong on that.)
Although I completely agree with you about your views on skinny girls promoting anorexia, I do think I have to agree with Tricia on the picture part. The women in the pictures are real people too and you really do not know anything about them. There really are people who are skinny like that without purposely starving themselves and I guess it must be equally as horrible to hear you are 'Auschwitz chic' or 'No, not too thin, disgustingly thin' as 'no, not too fat, disgustingly fat'.
Legally, I think the lawyers have a point — it is harmful to the ladies careers to speculate on their eating habits. Models have to maintain a mystique, you know.
Their jobs are to charm and enchant. Analyzing their masticating and burps and farts and stools kinda ruins that magic.
Anyway, it is unfair to speculate these type bodies are created by eating disorders. Maybe these ladies are blessed with horrible digestion issues, or a very very hungry tapeworm?
Just had a thought — perhaps if you removed the heads, there would be no issue? Like, CNN, but skinny folks? Meh?
I'm so sorry to hear about all your troubles with these lawyers!
My heart goes out to these girls. They are definitely victims of people who are WAY more powerful! And most of them are extremely young: too young and desperate to break the rules set up by this insane industry.
I second what the Bag Lady said.
I'm of two minds on this issue…so here are both responses
Law Student Response: I'm like 95% sure that in Canada truth is not an excuse for defamation- this is not slander( since slander is spoken), it's probably closer to libel (which is written), but regardless it is defamation. It's anything that lowers the esteem of a person/individual, etc. in the eyes of the public, which your post probably did. I would have done the same thing if I was their lawyer, especially given the recent uproar about anorexic models and whatnot, I wouldn't want my client unfairly dragged into it. Even if you didn't call them anorexic, it was obviously implied based on the material in your post.
GFE Reader Response: I realize that there are girls that are really tiny naturally, but even still, I think these girls are obviously pushing the limits of the 'I have great genes' excuse. I'd like to think that none of the guys I know would like this..but I know that some would, even if most wouldn't.
A lot of the pressures come from women themselves, and that these pictures helped illustrate that- if most men don't like this look, then why do girls do it? Not all models are doing it to support their families…
Essentially, it's a really sticky subject, but I can completely understand why you'd post the pictures as an illustration of the messed up media powers that are playing mind games with the masses.
I wonder how much longer I can keep my 2 minds separate- one will have to win eventually, it's tiring thinking things through twice.
Charlotte, I'm not a lawyer so I can't speak to whether your post constitutes slander, but I know for sure that the post is full of absolute, courageous truth. I certainly don't want you to get sued however if that were to happen, I would proudly contribute to your defense fund. Thank you for speaking truth to power.
Reader Jane
Ugh, I get so frustrated with all the little legal loop holes, what about your freedom of speech? And while those girls might not have eating disorders (seriously?!) they promote an unhealthy image. And young girls and women do not need to see these repeatedly in ads on runways, etc and think they are an ideal.
I blame the designers, magazine execs and ad people. That poor model is trying to support her family and if people in high places did not insist that women shaped like hangers show off the clothes better, maybe models could be healthy AND support their familes.
Sorry if I made no sense. I am exhausted and now I am annoyed. I think I should spare anyone else my rants and go to bed.
Slander – no. By the looks of the one picture left, you spoke nothing but the truth.
wow…when I saw that picture I wondered how you found it. I agree with the freedom of speech…I thought we could give opinions freely. I guess if we look at this from the girl's POV it would be hurtful…but you did speak the truth and someone has to. Sorry for all your legal troubles. I avoid stressful situations like the plague(cause my ED to come back) and I was getting stressed reading about your stress:)
ANd when I was reading the note from that model about how she had to support her family…it reminded me of all those emails I get about sending money to another country to help someone or the ones where someone has left all this money to me. It sounded off…but maybe it was real?? If so…that is sad…so sad.
Fair Use laws allow the media to reproduce creative content (photos included) for the purposes of commentary and criticism.
There is certainly room for the argument that a blogger is "media" and that this all falls under fair use laws.
I'm not a lawyer nor do I play one on tv. đ
OK, just jumping back in to respectfully disagree with a couple of comments: Calling out these models as examples of what is NOT attractive is not the same thing as calling out plus-sized women for not being attractive. The super-skinny models are being held up as icons of beauty, whereas larger women are CONSTANTLY told that they are not only ugly, but lazy, stupid, and worthless as well. We are always being told that skinny is the only criteria of worth for women. Girls get this message hammered into their heads and their sub-conscious consistently, and it is a dangerous one. People, especially kids, who are overweight are bullied, often to the point of attempted suicide. We, as a culture, hate and fear obesity and we take it out on the obese, and even those who are normal-sized.
We're forcing kids into eating disorders, and that is just wrong on every level.
Apparently, the only reason you're so critical of these women is that you're a fat mommy.
Really. That's according to Karl Lagerfeld:
The designer for Chanel said that people who complain about skinny models in fashion are just ridiculous "fat mummies".
http://timesonline.typepad.com/alphamummy/2009/10/only-fat-mummies-dislike-sizezero-models.html
I don't think it's slander. I think it's honest concern that these images promote negative body image/eating disorders.
Besides, I'm surprised- most of the time these people seem to think that any kind of press is good press, and with their names/photos out there, you'd think that would be a good thing for them?
(cue lawyers to start attack… ;)).
Hi Charlotte,
Have you seen This article? I read it and thought it would be of particular interest to you.
I'm fairly certain any case would have been thrown out of court. You still would have legal bills getting to that point, which why these scum balls threaten to sue. My step daughter is now 13. A few years ago we went through a stretch of her leaving every single meal midway for the bathroom. Her mother thinks psychology and psychiatry are bullshit so I had to fight alone to get that to stop. I've had to explain to her that the pictures in magazines aren't real, that they are air brushed, that the bodies are manipulated, that these women have surgeries to alter their bodies, etc. I showed her the softness in my own belly (and I work out ~7 intense hours a week). Her behavior started at 11. Anyone who thinks promoting this body type as the beauty standard doesn't affect every day women has never talked to a pre-pubescent teen or watched her buy clothing that hides her body.
I wonder, if legally, the Discovery process could include you uncovering these models daily eating and exercise habits. I bet the lawyers wouldn't be too eager to comply with that.
I have no idea whether or not the use of such images by media promotes eating disorders or not. However, I do know that the skin and bones look like the model still pictured on your original post is not attractive (note that I am most definitely not saying that the model herself is not attractive but that the look is not).
I sympathize with you on this. Nobody wants to be sued. I completely believe you would win a suit because there's no way they could prove damages but the cost just isn't worth it.
I do have mixed feelings about the girl who emailed you. I don't think allowing her to stay in this industry is doing her any favors. Forcing her out of the industry might force her to look for a way to improve her circumstance through education or moving.
FWIW, I don't think you have responsibility for what happens to her, of course.
It seems that more often than not, the one with the money behind him/her wins – regardless of whether they are right or wrong (or have a case).
Having said that, anorexia is a serious problem and parents need to understand that much. Your posts serve that purpose so – props to you!
"kerfuffle"
Proof that you are, indeed, a GODDESS.
Ok now that I read your whole post, I am so very saddened. That IP from Hungary is so heart-breaking. Starving to keep her family from starving- there's some irony right?
Yes, it is horrible. I don't know where this anorexia=beauty idea ever came from, but the fact is that it is alive and well.
I'm sorry for everyone involved…for you being threatened with lawsuits to pay for their whipped toppings at Starbucks, for the emaciated models, for the young girls and women who buy into this notion that skeletal is beautiful.
Ironically, if you ask ANY man (REALLY, DO THIS) they will tell you that they prefer a little meat on the bones and they are baffled as to why we spend our waking days always, ALWAYS trying to be thinner than we already are.
Thank you Charlotte. You always bring up subjects that matter.
There are a variety of diet programs and weight loss âgurusâ who claim that calories donât count. They insist that if you eat certain foods or avoid certain foods, thatâs all you have to do to lose weight. Dozens, maybe hundreds of such diets exist, with certain âmagic foodsâ put up on a pedestal or certain âevil fat-storing foods” banished into the forbidden foods zone.
http://abs.skinnygirlfitness.info