Libelling someone in fiction

[Dr Jekyll]

Suppose I wrote a book in which a reprehensible character committing all sorts of crimes bore a clear resemblance to a famous person who hadn't actually been convicted of anything.

Might the real person sue, or would it be possible to say 'the names different so it wasn't you'? Would the mere fact of not wanting to suggest they resembled a villain be enough to stop them suing?
If there was a danger of being sued, could I protect myself by including a scene where my villain and the real life person were at the same event, thereby implying they weren't the same person?

[Vocal Minority]

Gut says that if they can demonstrate, on the balance of probabilities, that it was intended to be them they possibly could.

It's not a great start to your defence to put something on the internet saying 'I want to commit a probable libel, how do I get away with it?

[Ultrafunkula]

Dr Jekyll said:

Suppose I wrote a book in which a reprehensible character committing all sorts of crimes bore a clear resemblance to a famous person who hadn't actually been convicted of anything.

Might the real person sue, or would it be possible to say 'the names different so it wasn't you'? Would the mere fact of not wanting to suggest they resembled a villain be enough to stop them suing?
If there was a danger of being sued, could I protect myself by including a scene where my villain and the real life person were at the same event, thereby implying they weren't the same person?

Is this something to do with your constant struggle with that damnable Mr Hyde?

[shouldbworking]

Put in a disclaimer.. It's not watertight, as per the article..

https://en.wikipedia.org/wiki/All_persons_fictitio...

[KAgantua]

Another Judas Pig sequel?

[liner33]

Small Penis rule ?

https://www.youtube.com/watch?v=ehZECVAfgxs

[chunder27]

It is a slippery slope as the vast majority of libel and slander law is based on previous cases.

So, even if you are writing about a fictional character, if it can be proved, either from previous writings or personal experience of you with said person, that you have an axe to grind or have had "previous" with this person, there is nothing to say a new case could not be brought and you could be found guilty under new case law.

[Cold]

Is your character's name Kelvin Spicey?

[Derek Smith]

Dr Jekyll said:

Suppose I wrote a book in which a reprehensible character committing all sorts of crimes bore a clear resemblance to a famous person who hadn't actually been convicted of anything.

Might the real person sue, or would it be possible to say 'the names different so it wasn't you'? Would the mere fact of not wanting to suggest they resembled a villain be enough to stop them suing?
If there was a danger of being sued, could I protect myself by including a scene where my villain and the real life person were at the same event, thereby implying they weren't the same person?

I had a book read by a professional reader and I was told to delete two incidents. I pointed out that I could get a number of eye witnesses to back me up, I was told that was of no consequence. If they sued, a publishing house would have to settle.

There are a number of books for writers with advice on libel and the few I've read give quite clear on the point of disclaimers; they have little or no weight.

There's a film out on DVD about the case holocaust denier Irvine brought against an American author. It cost a fortune to defend and at the end of it Irvine went bankrupt so any awarding of costs was pointless.

[anonymous-user]

In the law of defamation, identification of the claimant is not a matter of intent, but a matter of whether the words used could reasonably be understood as referring to the claimant.

[anonymous-user]

Cold said:

Is your character's name Kelvin Spicey?

I remember him in that film, AmirKahn Booty.

[Vocal Minority]

Derek Smith said:

.

There are a number of books for writers with advice on libel and the few I've read give quite clear on the point of disclaimers; they have little or no weight.

It always surprises me how some people think a little sentence at the end is a complete get out of jail free card, even in the face of obvious intent.

[Mojooo]

shouldbworking said:

Put in a disclaimer.. It's not watertight, as per the article..

https://en.wikipedia.org/wiki/All_persons_fictitio...

I saw one of those in a film the other day that was supposedly based on true events!

[matjk]

probably a bit low brow for readers of SP&L but cartoons such as South park sail perilously close to the wind in almost every episode, They have the usual dis-calmer but then will have characters that a are clearly supposed to represent a real life person. It seems in cartoons you can really push the envelope and they imply some pretty unsavory stuff. For example quite a few clips are have come to light that seem to be very relevant but where filmed and shown ages ago, almost like the writers are "calling out" the individuals.
For example
https://www.youtube.com/watch?v=emyqOY_0C8o
https://www.youtube.com/watch?v=JsT1FSfJ7OU

That Keven Spicy gets about

[anonymous-user]

South Park operates under US libel law which applies the First Amendment to the US Constitution. Public figures have limited libel rights in the US. Libel claims in the UK have been curtailed by recent legislation, as now claimants must prove harm in order to succeed.

[anonymous-user]

I add that the First Amendment is a more powerful guarantee of free expression than is Article 10 ECHR, which is sometimes trumped by Article 8 ECHR

[Gavia]

matjk said:

probably a bit low brow for readers of SP&L but cartoons such as South park sail perilously close to the wind in almost every episode, They have the usual dis-calmer but then will have characters that a are clearly supposed to represent a real life person. It seems in cartoons you can really push the envelope and they imply some pretty unsavory stuff. For example quite a few clips are have come to light that seem to be very relevant but where filmed and shown ages ago, almost like the writers are "calling out" the individuals.
For example
https://www.youtube.com/watch?v=emyqOY_0C8o
https://www.youtube.com/watch?v=JsT1FSfJ7OU

That Keven Spicy gets about

WERE.

Why on earth does this where / were confusion appear so frequently? It’s infant school stuff.

[matjk]

So pretty much everything/one is fair game in the USA, so if you do fancy a bit of Libel best to do it overseas ?

[anonymous-user]

Keith Lard.

[lucido grigio]

Breadvan72 said:

trumped by Article 8 ECHR

Please don't bring him into this......