Recently here their was discussion of TDVC and the responsibility of the Author for people taking it seriously.

It is of interest to note that you can be sued for libeling someone in fiction. Needless to say the hurdles in such a suit are serious. In the following website [www.firstamendmentcenter.org]

The article quotes the following opinion.

Quote

Where the defendant invents defamatory dialogue or other defamatory details in what purports to be nonfiction, uses actual people as fictional characters, or bases fictional characters on living persons but fails sufficiently to disguise the characters, so that the fictional characters are understood to be 'of and concerning' their living models, liability for libel may result."

The article quotes a court case stating:

Quote

For a fictional character to constitute actionable defamation, the description of the fictional character must be so closely akin to the real person claiming to be defamed that a reader of the book, knowing the real person, would have no difficulty linking the two. Superficial similarities are insufficient.

In the same case the Court said:

Quote

The fact that the author used the plaintiff's actual name makes it reasonable that third persons would interpret the story as referring to the plaintiff despite the fictional label.

The article then discusses such things as Satire and proving the defamation. For example:

Quote

However, plaintiffs must clear certain hurdles. In order to state an actionable claim for defamation, a plaintiff must show: publication, defamatory meaning, false statement, identification and damages. In libel suits arising out of fiction, arguably the toughest hurdle for plaintiffs to clear is the identification, or "it's me" requirement. The plaintiff must establish that it is the plaintiff being defamed. In libel-law lingo, this is called the "of and concerning" requirement. Harvard law professor Frederick Schauer has called the "of and concerning" requirement "the centerpiece of litigation involving fiction.

All and all it is of interest that someone can be sued for libeling someone in fiction. I’m not surprised that the hurdles are difficult and probably of such a nature / expense as to limit lawsuits.

Of course none of this as any bearing on Ethical responsibility.


Pierre




Edited 1 time(s). Last edit at 11/26/2005 09:53PM by Pacal.