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What Should An Author of A True Memoir Do to Prevent Slander/Libel Claims?

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Zippy123

Junior Member
What is the name of your state (only U.S. law)? NY

An author of a true memoir which pertains to private (non-celebrity) persons wants to publish, but wants to make sure the people who appear in her story cannot sue. The story is 100% true but sometimes involves discussion of things where there were no other witnesses and one party is described as potentially mentally ill. Again, that is true, but there is no formal diagnosis.

Truth is a defense, but what steps should the author take in advance to derail a vengeful crazy person who might try to sue anyway?

Steps already taken - changing all the names, even that of the author, and some background facts to hide identity (at least to some extent).

Any thoughts on other steps to take? How do slander/libel/defamation laws effect memoirs that discuss private persons? Any advice?
 


Zippy123

Junior Member
Also, if it was published and the other party found out about it, wouldn't any damages flowing from it be self-inflicted because the names and and other information likely to identify the persons involved are changed - in other words, the suing party would have to publicize their connection themselves in order to sue.

What is the standard for libel/slander/defamation regarding a private party?
 

Zippy123

Junior Member
Yep...Total dipwad.:(
It never amazes me how the anonymity of the web allows people license to behave like children. If anyone who is not nine and interested in making personal insults would care to give their thoughts, I would certainly be thrilled to hear them. Thanks in advance.
 

quincy

Senior Member
You cannot prevent a vengeful crazy person from suing you.

Have your memoir reviewed and edited for content by an attorney prior to publication, to eliminate the areas of greatest risk, and then take out liability insurance to cover the costs of a suit, should one arise despite your best efforts to avoid one.
 

quincy

Senior Member
A vengeful crazy person could still sue Zippy - the suit would just have to be filed in Zippy's new country, and heard in the new country's courts under the new country's laws.

Certainly something not outside the realm of possibility for a vengeful crazy person, I would think. ;)
 

Zigner

Senior Member, Non-Attorney
that may not even do it. The only way to assure oneself they won't be sued is to quit living. Next closest would be to not write the book. After that, all bets are off.
Fair enough - but I was trying to kill two birds with one stone ;)
 

Zigner

Senior Member, Non-Attorney
A vengeful crazy person could still sue Zippy - the suit would just have to be filed in Zippy's new country, and heard in the new country's courts under the new country's laws.

Certainly something not outside the realm of possibility for a vengeful crazy person, I would think. ;)
It IS possible that Zippy's new country would not allow such a suit. Not every country allows anybody to sue anyone at any time for anything.
 

quincy

Senior Member
It is possible, Zig, that Zippy's new country might not accept lawsuits as readily as we accept them here. You are right. Part of the reason for that is our country has more attorneys than all other countries on earth combined.

But, then again, it is also possible that the new country, if not chosen very carefully by Zippy, will have defamation laws that are much more plaintiff-friendly than ours. Most countries are a lot less tolerant of defamatory material than we are here and they don't care as much as we do about free speech, so the odds that Zippy can escape liability will not be as good.

I am curious, by the way, how a story can be 100% true if the author's name and the names of the people in the story are changed, and if someone in the story is called mentally ill when there has been no formal diagnosis of mental illness, and if some background facts are changed to hide identities. That does not sound much like a "memoir" to me.
 
W

Willlyjo

Guest
It is possible, Zig, that Zippy's new country might not accept lawsuits as readily as we accept them here. You are right. Part of the reason for that is our country has more attorneys than all other countries on earth combined.

But, then again, it is also possible that the new country, if not chosen very carefully by Zippy, will have defamation laws that are much more plaintiff-friendly than ours. Most countries are a lot less tolerant of defamatory material than we are here and they don't care as much as we do about free speech, so the odds that Zippy can escape liability will not be as good.

I am curious, by the way, how a story can be 100% true if the author's name and the names of the people in the story are changed, and if someone in the story is called mentally ill when there has been no formal diagnosis of mental illness, and if some background facts are changed to hide identities. That does not sound much like a "memoir" to me.
I'm sure that the story would be "based on a true story"! Manuscripts are written all the time where the names of certain people are changed out of respect for those who otherwise would possibly garner a little adverse attention!

As far as mental illness, the Op said "potentially mentally ill"! So please don't try to change what is said. Obviously, you don't understand anything about being an author because you would have to have much better reading comprehension than what you display.

As far as advice for the Op, she / he should be able to escape any kind of liability by including a disclaimer in the Introduction. For instance, "any similarities between you as the reader and the characters in this memoir is purely coincidental." That way, it would be pretty hard for someone to bring a defamation suit against the author.
 
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