Referring to real people or brands in a nonfiction story - legal advice

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WritingAnon

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Quite a few times, I’ve seen writers in other groups ask if they change a location, person’s name etc, but are referring to a real-life person, is that possible.

As I have already had legal advice on this topic, I thought I’d share it with others who are in this situation. If a person or small group of people can identify a specific person, regardless of a name or location change, legal action can be taken against the author.

For me, the only way to get around this, was to remove the derogatory comments I made about the person. So they are still in my book, but I’ve been less harsh about them.

I am aware there is a very small risk of being sued, but it’s a risk I’m willing to take.

Similarly, if a writer slates a particular brand such as a drink or vehicle or famous person – they are at risk of being sued.

I was a critique partner for a guy writing about a psycho serial killer and in his story he repeatedly slated a particular vehicle make and a famous influencer. I advised that he was at risk of having legal action taken against him, regardless of it being his personal views, as his book is a published document – so libellous.
 

Lakey

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Hello @WritingAnon, and welcome to AW.

Legal advice cannot be offered on AW so I’m going to close this thread before it gets any more specific. It’s okay to state general legal principles but speculating or advising on particular fact patterns enters territory that the site owner can’t allow. I know you had good intentions here but we just have to be cautious about stuff like this.

I see you’ve posted elsewhere so please do stick around and continue diving in!

:e2coffee:
 
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