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I recently wrote a blog post regarding my problem with the flatmate. I never mention the person and his relatives by name, just relating my problems through telling a supposedly true story that might be shocking, demeaning and upsetting.

The question is, will someone be sued for libel/slander/defamation of character for telling the story based on true events but with fictionalized names or never even mention the names at all, with "the man/woman" as a substitute?

I read the excellent Vanity Fair January 2007 article called "Ruthless with Scissors: Fame & Scandal" on the author of the best-selling memoir "Running with Scissors" who have been sued despite altered or fictionalized names and locations.

Can writing the blog article of defamatory and vulgar nature albeit with omitted or altered names fall under the valid legal category for libel & slander complaint?

2007-01-05 18:29:13 · 9 answers · asked by utahdeafguy 1 in Politics & Government Law & Ethics

9 answers

If what you say about someone is true and factual they cannot sue you as far as I know. With the modern court system you can sue over anything.

You can only be sued for defamation if you spoke bad about someone and it was not true.

In order to sue, or to win, they have to prove malicious content and that the statements were false.

2007-01-05 18:40:41 · answer #1 · answered by MerleFan22 2 · 0 0

Laws relating to the internet do exist, but tend to varry from state to state.

Posting anything vulgar should get your post removed from a well managed site, and could possibly get you banned by the site, but legal action is dicey. Chances are good even the original nick was not a real name, so you are essentially creating fiction. It is not against any laws I know of the fictionalize an actual event as long as identities are easily identifiable.

On blogs we often know when a regular posts under a new nick name, it is traceable. It is a grey area legally.

If you were to post this "fiction" on the blog where the event's occurred it might be actionable and seen as cyber harrassment or stalking. If you were to post this on a blog for fiction writer, probably less so.

But research state and local legislation relating to the internet.

2007-01-05 18:38:28 · answer #2 · answered by Norton N 5 · 0 1

Whether you will be sued or not isn't a function of law, it's a function of how annoyed the other person is. Whether the suit is successful or not IS a function of law - state law - so unless you can identify the state, it's hard to be definitive.

However, generally, if a story is true, that is an absolute defense to defamation claims. What it is not always a defense to is torts related to invasion of privacy or public disclosure of private facts. Those torts are not uniform nationwide...so the state in which the action is brought makes a critical difference.

2007-01-05 18:37:22 · answer #3 · answered by Anonymous · 0 0

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2016-12-01 21:54:57 · answer #4 · answered by ? 4 · 0 0

Under the section about Lawyers in the phone book, you will find a referral phone number. Call the referral place and explain your problem and ask for a lawyer that provides free assessments. Good Luck!

2007-01-05 18:35:15 · answer #5 · answered by zclifton2 6 · 0 1

As far as I know if what you're saying is the truth you don't have to fictionalize anything. You can only be sued if what you're saying is'nt true.

2007-01-05 23:51:02 · answer #6 · answered by che_lives 2 · 0 0

you can never be sued for telling the truth aboout something unless you have previously agreed not to. you are not required to fictionalize it.

2007-01-05 18:40:44 · answer #7 · answered by karl k 6 · 0 0

you'll often find at the beginning of books something about
"any similarties real or otherwise is purely coincedence etc..etc..

becareful what you say though...lawyers are always on the prowl
for cash...it might be good to retain one before you publish.

2007-01-05 18:35:35 · answer #8 · answered by Anonymous · 0 1

don't think so.

2007-01-05 18:35:27 · answer #9 · answered by NONAME 1 · 0 0

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