Analysis Of Mark Fowler´s Could I Be Liable For Libel In Fiction?

Stories of our own and the stories of other people – real people we see around us every day – are the foundation of all fiction. Fabrications or blends of exaggerated events make up the creative writings that come from a mixture of elements taken from the lives of real people and real events. Unless a person’s reputation is personally harmed or professionally injured, it is acceptable to write a portrait of a real person. Author and attorney Helen Sedwick cautions “…if what you write about identifiable, living people could be seriously damaging to their reputation, then you need to consider the risks of defamation and privacy and how to minimize those risks” (2014). A clear understanding and knowledge of the law, as it pertains to fictional writing, is the best way to avoid and prevent all these risks completely.

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Libel requires a false and defamatory statement of fact, ‘of and concerning’ an identifiable living person (or business entity)” (1). He supports his claims with 29 years of professional experience that he shares on his legal blog writing specifically about writing and the law. Fowler’s credibility is further strengthened working with book and magazine publishers, newspapers, broadcasters, media companies, and online publishers, among others, adding related legal experience and examples of historical court cases, including relevant advice from one of two leading authors of defamation treatises, author Rodney Smolla. Fowler’s purpose of this article is to offer specialized knowledge and critical legal advice, in order to, help writers avoid rare, but costly and unnecessary risks and lawsuits. Given the legal language used in this article, Fowler writes to an audience in need of expert and legal advice writing