Legal issues should not be avoided when writing about real people.
You need to avoid defamation and invasion of privacy when writing about real people.Common-sense steps can be taken to avoid a lawsuit, and you should gain a general understanding of the law to protect yourself.There are few bright line rules in this area.Both fiction and non-fiction writers can be sued.You should contact a lawyer if you have a question.
Step 1: It's a good idea toborate any fact.
If you are a reporter, you could get a tip.It is advisable to confirm the facts of the story with a second source before publishing.People leak false stories because of a vendetta.The main facts of the story should be supported by a second independent source.Don't forget to take good notes of your fact-checking.You should keep a log of when you contacted someone, the number you called, and what the person said.
Step 2: You should get a comment from the person you are writing about.
Ask the person for a comment if you intend to publish a potentially libelous statement.It could help you if you publish the response.If you write about a real person, you can share a draft with them.Ask if they would recommend changes.
Step 3: If the information has been disclosed before, check it.
It's possible to be sued for revealing private facts that are embarrassing.If those facts are in the public eye, you can defend yourself.If the information you intend to publish has already been published, research it.Look at their social media accounts.Personal information about someone can be found in these.You should document what you find.You can download photographs that show the information has been made public.
Step 4: The subject of the story should be given consent.
If you get the person's consent, you can always publish.Try to get them to sign an interview release form.A grant of permission to interview should be included in the release form.Minors need a parent or guardian to sign.A witness should sign.If you have a witness sign it, a release is always stronger.
Step 5: The person's details should be changed.
If you describe the person in a way that other people can't recognize, you can protect yourself.You should change more than one or two details.If you are writing about a professor of Russian literature at a local university, you should not change her hair color.You should think about changing your age profession time place physical description.
Step 6: It is clear that you are offering an opinion.
If you offer an opinion instead of a statement of fact, you are protected from a defamation claim.It is an opinion if you say that he is the dumbest person in the world.You can flag to the reader that you are offering an opinion if you start your statements with "In my opinion...".You can draw your opinion from the public record.Provide a link or citation to those facts if it's true.
Step 7: Caution should be exercised when writing about criminal acts.
It's always a good idea to be careful when accusing someone of a crime.Unless you have public records showing a person was convicted in court, you shouldn't use language like "crook," "corrupt," or "cheat."If you write that a business has engaged in illegal or unethical conduct, you can hurt the reputation of the business.
Step 8: Government sources can be used.
Government sources are safer than private citizens.Information can be taken from court records, public documents, or government reports.If you gather information from these sources, you are less likely to be sued for invasion of privacy.
Step 9: Pick out your sources.
You should not rely on confidential sources.If you are sued, you have a choice of revealing your source or lying to the court.Neither is a good situation.If you can, identify your sources.Quote them correctly.You need to identify their position or title in your article.
Step 10: The headlines are not misleading.
You can be sued for false headlines.The headline and caption of the story can be misleading.
Step 11: There should be disclaimers included.
If you are writing a novel, you might want to make a statement.For example, you should state that this is a work of fiction.The author's imagination is the source of names, characters, places, and incidents.Any resemblance to actual events, locales, or persons, living or dead, is entirely coincidental.It can help establish that a reasonable person would not be fooled by your work.If you are writing a memoir, you can give a statement.You should state that you are writing about your memories and that other people might have conflicting memories.
Step 12: Determine your risk level.
No matter how frivolous, anyone can file a lawsuit against you.Being sued doesn't mean you will lose the lawsuit.You have the right to protect yourself under the First Amendment.Even if you are sued, you can still win many lawsuits.Authors almost always win defamation suits.Over the past 30 years, almost every defamation lawsuit has been thrown out before it ever goes to trial.You could be very risk-averse.You shouldn't write about real people if you want to avoid a lawsuit.It is the only way to be certain you won't be sued.
Step 13: If necessary, issue correction or retractions.
Even if you are careful, you could still make mistakes in your reporting.Errors should be corrected if you are contacted.You might need to withdraw the story if the error goes to the heart of it.Be nice when someone calls.Don't admit an error.Take the person's explanation for why the story is inaccurate and say you will look into it.You can reduce the likelihood that you will be sued by withdrawing a false statement.A retraction should be given a prominent position in your paper or on your website.Don't bury retractions because they are hard to find.
Step 14: Meet with a lawyer.
If you have questions about whether or not to publish something about a real person, you should meet with a lawyer.The lawyer can tell you about the risks of a lawsuit and suggest ways to rewrite it.You can get referrals by visiting your local bar association.A bar association is made up of lawyers.You can find your nearest bar association by visiting the American Bar Association website.You might want to talk to other writers.If they have ever consulted with a lawyer, ask if they would recommend their lawyer.
Step 15: Free legal help is provided by nonprofits.
There are organizations that give free legal services to journalists.The Legal Services Corporation has a website where you can find the nearest legal aid organization.Journalists can use the Legal Hotline run by the Reporter's Committee for the Freedom of the Press.Between 9:00 am and 6:00 pm, call 1-800-336-4243.
Step 16: Understand defamation law.
You should have a basic understanding of defamation before publishing.When you publish a false statement that hurts a person's reputation, you have no right to do so.Truth is an absolute defense to defamation.If you are sued, the person will claim the statement is false, so you will need to rely on your fact-checking.If you are writing about a public figure, such as a celebrity or a politician, then you can only be held liable for defamation if the statement is false and you either knew it was false or were reckless in not checking its accuracy.If the statement is false but you tried to find out if it was accurate, you can escape liability.The fact-checking log can be used to confirm the truth.
Step 17: Understand invasion of privacy claims.
Invasion of privacy causes unacceptable embarrassment because it violates someone's right to be left alone.There are many different types of invasion of privacy claims.They differ from defamation in that you can be sued for invasion of privacy even if you did not make a false statement.If the facts were private and offensive to a reasonable person, you can be sued.The facts are not news.Showing video of a woman's c-section birth without her permission is invasion of privacy.If a stock photo is used to illustrate a story of child molesters, you can be sued.You did not make an explicit, false statement that the person is a molester, but you did create a false impression in the reader's mind.If you cannot claim that someone endorsed your product without their permission, you can be sued.It is not possible to say that a celebrity is a dedicated reader of your newspaper.