When it comes to writing memoir, or even autobiographical fiction, writers often stay awake at night worrying about the possibility of being sued.
Writing about facts and events of our own lives will inevitably require writing about the private lives of others who were part of our journey.
These are often stories about addiction, abuse, homelessness, or downright dysfunction. And real people are intertwined with that story. But writers often feel restricted in writing the truth about their story when it involves other people, because, what if they sue?
In this episode, we’ll go over the ins and outs of defamation and invasion of privacy laws, and 5 things you can do to avoid getting sued.
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Episode at a glance:
[01:80] The conundrum many memoir, and even fiction writers face is, “How do I write my truth without being sued by someone in my story?” Learn how the First Amendment protects you, and what it can’t protect you from.
[03:56] Learn two things you should do before you worry about litigation, why worrying prematurely about getting sued can inhibit your best work, and when you should start thinking about potential legal issues.
[06:30] Defamation is one of the more common legal issues plaguing writers. Learn what defamation is, and what it isn’t, and how you can avoid being sued for it.
[10:17] Invasion of Privacy happens when someone in your story expected to remain private. The tricky thing is that while truth is the best defense for a defamation claim, that truth can also violate someone’s privacy. Learn who can and can’t file a privacy claim, and the prerequisites for the right to privacy.
[13:21] If you’re worried about a legal tangle, the best defense is being proactive. So, the first thing you can do is write a list of every person in your story, and consider whether that person falls in the category of private or is fair game in your story. You’ll also want to determine if each person is represented in a favorable light, or a negative light. If it’s favorable, you probably have nothing to worry about. But if it’s unfavorable, you’ll want to take a closer look.
[16.36] Next, you’ll want to look at all the facts and scenes that might be considered objectionable by anyone. Ask yourself if it’s public domain or private, or if it might open you up to a defamation claim. If so, you’ll want to flag this and give it deeper inquiry.
[15.31] If you’re a fiction writer who’s worried about getting sued for defamation, the easiest solution is to disguise the character through layers of details.
[17.16] Now it’s time to look at all the facts that need deeper verification. Do your research and document everything. You want accuracy. Remember, truth is you best way to avoid a lawsuit.
[17.16] Next, find the parts of your story that might be objectionable, and share those sections with the person you’re writing about. Have an honest discussion. This is only if you have a relatively good relationship with the person in your story. They may suggest changing a few things, omitting sensitive details, or even changing their name. They were part of your story, so let them have a hand in the process.
Also Listen To:
Episode 26: Writing About Someone You Know: Is It Worth It?
Books Mentioned In This Episode:
The Kiss: A Memoir by Kathryn Harrison
Her: A Memoir by Christa Parravoni
Nola: A Memoir of Faith, Art, and Madness by Robin Hemley
Because I Remember Terror Father, I Remember You by Sue Silverman
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