An ounce of prevention

Are you holding back bizarre, hair-curling stories from your rich life experience out of fear of crossing the line into libel, slander, and/or defamation?

Is your pen a weapon? © iStockphoto/VvoeVale

Is your pen a weapon? © iStockphoto/VvoeVale

I am; I fully admit it. I haven’t been convinced by life narrators who throw caution to the wind saying they doubt anyone will be offended enough by how they are represented in the stories they tell to be moved to legal action. They might even add that they only know an instance or two where someone has even voiced objection. Somehow their confidence in the overlooking goodness of their fellow man doesn’t silence that inner voice in my head that hums persistently like a call from an acquaintance several years ago, “You better be careful.”

My true-risk-tale inducing buzzkill escalates when I spot a Deadline Hollywood article on my Facebook feed, ‘What Maisie Knew’ Scribe Hit With $3M Libel Suit by Ronee Sue Blakley.  When I saw the film, it never once occurred to me it was ripped from someone’s actual experience!

The 15-page Maisie suit was only filed, according to the article, on April 18, 2014. It’s way to early to know whether it will be tossed out before reaching trial, settled out of court, or survive the legal process to be awarded monetarily like the Red Hat Club. (I’d bet it will settle out of court, but what do I know???) Still, it is a call to, for me as a life narrator, aim for erring on the side of caution.

Just what do those with actual legal training and experience have to say in light of existing laws? Research leads me to an interesting article, When Art Imitates Life: Suing for Defamation in Fiction by Jane Kleiner. I immediately realize that what I found was not limited just to answering the question of fiction that is  semi-autobiographical, where actual living individuals are recognizable in characters “depicted in a defamatory manner.” I hit pay dirt for the true life blogger.

The Digital Media Law Project, or DMLP, sprang from the Berkman Center for internet & Society at Harvard University. Have you embrace journaling your life, past and present, digitally? The DMLP offers easy access to vital resources through five core initiatives: a legal guide, a database of Legal Threats, legal assistance, research and response, and DMLP publishing.

Whether you seek solid definitions related to libel, defamation, and the like; information on what type of business you should be; or seeking legal assistance, the DMLP is an online gold mine. Check it out today. As Benjamin Franklin said, “An ounce of prevention is worth a pound of cure” or in the case of plaintiff Vickie Stewart, $100,000 plus legal fees!

Please note: I reserve the right to delete comments that are offensive or off-topic.

Leave a Reply

Your email address will not be published. Required fields are marked *