# Libel issue



## wainscottbl (Apr 21, 2015)

First, save me the disclaimer, lol. I know it's not very wise to get legal advise on a forum. I am not looking for that, but just some basic info. I can get the official advice later by paying a lawyer. 

What I am curious about is say I mention a blog (a relatively well known one), which anyone can read, in my story, and badmouth it through mouth of my character? Fine I am pretty sure. I can do it on my own blog, so why not in my book? It's public, so it's fair game. Maybe a stupid question, but curious.


----------



## J Anfinson (Apr 21, 2015)

You might just try calling a lawyer and asking. I have no idea, but I do know most lawyers will answer simple questions for free because it's less trouble than billing you for a quick question.


----------



## ppsage (Apr 21, 2015)

Whether you'd lose a lawsuit is a different question to whether one would be attempted. People bicker with each other over channels and blogs and whatever else in a way that makes one sometimes despair of civilization, without ever thinking about going to court. It's part of the drama and they love it apparently. OTOH, if you start sniping at a well monetized blog with something corporate behind it--entertainment industry seems really litigious--then you're in some soup where you pretty much lose, whatever the judge finally rules. What I'm saying, there's lots to consider beyond the law.


----------



## Bloggsworth (Apr 22, 2015)

"Bad mouthing" implies that the criticism is gratuitous. If your character "says" something that is patently untrue in his/her rant, then, in my opinion, it is libellous by proxy. You need to be very sure of what you are doing. It is very difficult to win a libel action in the States, but if one person outside America reads what your character says, then the offended party may sue in a foreign country where there is more likelihood of a favourable result. Sounds odd, but is very true, American companies are always suing in British courts over legitimate criticisms of products...


----------



## Riis Marshall (Apr 22, 2015)

Hello Wain

If we're talking about fiction, what I would do is create a fictitious blog that looks a lot like the actual one - but not quite. This, I believe, will keep you safe.

In my last book I created a slimy PR guru that looks amazingly like Max Clifford (before the sex scandal) but I called him 'Dirk Storm'. Any British person reading my work would recognize him immediately. But me? libel? wash your mouth out with soap! nothing to do with me, mate.

All the best with your writing.

Warmest regards
Riis


----------



## bazz cargo (Apr 26, 2015)

Wotcha Wain,
'In my Opinion' is an old get out clause.


----------



## GaminEsques (Apr 29, 2015)

Libel covers speech about a person that an audience would reasonably believe to be true and that brings damage to the person. The damage could include harm to the reputation of the person in the eyes of the community or deterring the audience from associating from that person. The reader would actually have to believe that what is being written is true based on the language or context. Only defamatory statements conveyed as truth could actually influence a reader in their estimation of a person. 

If you were to make a joke about someone, and it's obvious it's a joke, then it couldn't be libel because no reasonable person would think that what is being written is true. If you are writing a fictional story and all your material points to it being fictional, then no reasonable person would think that what you are saying about the blog is true. If the speech is not true and it reads only as the opinion of your character (and by proxy your opinion) then it is not libel. Just like most laws, there are nuances that must be considered. If your opinions are backed by defamatory facts then your opinion could be the basis of a libel suit; e.g. "You are a jerk" is not libel but my opinion of you. Conversely, "You are a jerk because you did XXX and said YYY," where XXX and YYY are portrayed as defamatory facts, then you might be liable for a libelous action.

Truth is a defense to libel but it only comes into play once the libel action is initiated.

*** Disclaimer - in no way should you take this as legal advice or counsel. You should seek legal advice from a representative in your state of residence or where you conduct business. Each state has their own caselaw and respective statute covering the elements of libel and defenses.


----------

