![]() The target must have a reasonable expectation of privacy. If the target is against a private individual, courts generally require some fault or negligence by the defendant.Įven if you publish the truth, you may still be sued for invasion of privacy if you disclose private information that is embarrassing or unpleasant about an identifiable, living person and that is offensive to ordinary sensibilities and not of overriding public interest. If the target is a public official or a public figure, then the plaintiff must prove the statement was made with actual knowledge that it was false or with a reckless disregard for the truth. It must “tend to bring the subject into public hatred, ridicule, contempt, or negatively affect its business or occupation.” The statement must be more than offensive, insulting, or inflammatory. One person (other than the target) must read or hear the statement. Oprah Winfrey was sued by a group of Texas ranchers after saying she had sworn off hamburgers because of mad cow disease. Typically, the target must be a living person, but companies and organizations have sued for defamation. Parody is not defamatory if the absurdity is so clear no reasonable person would consider the statements to be true.Ī defamatory statement must contain sufficient information to lead a reasonable person (other than the target) to identify the target. Courts see no difference between “Joe is a pedophile” and “In my opinion, Joe is a pedophile.” The more specific a statement, the more likely it will be seen as a statement of fact. Opinions are also protected because they are not “facts.” Couching something as an opinion is not bullet-proof. ![]() If a statement is true, then it is not defamatory no matter how offensive or embarrassing. To prove defamation, whether libel for written statements or slander for spoken ones, a plaintiff (target) must prove all of the following: In today’s Internet environment, you could get sued in France for a blog written in California.) (The laws of other countries are more favorable to the targets. ![]() I am not talking about portraying your mother-in-law as a bossy queen bee I am talking about portraying your mother-in-law as a drug dealer.įirst, let’s start with a quick summary of United States law. However, if what you write about identifiable, living people could be seriously damaging to their reputation, then you need to consider the risks of defamation and privacy and how to minimize those risks. If you are writing a non-fiction book, you may mention real people and real events. ![]() If what you write about a person is positive or even neutral, then you don’t have defamation or privacy issues.įor instance, you may thank someone by name in your acknowledgements without their permission. How can writers use real people in their work without risking a lawsuit?įirst, a simple rule. Memoirists and nonfiction writers identify people by name. Yet every fiction writer bases characters on real people. Writers face three big risks when using real people in their writing: defamation, invasion of privacy, and misappropriation of the right of publicity. A Georgia jury awarded $100,000 to a woman who claimed a character in The Red Hat Club falsely portrayed her as an “alcoholic s**t.” ![]() Scarlett Johansson won a defamation suit against a French writer for creating a promiscuous character who happened to look like the movie star. ![]()
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