Following an interesting discussion in the forum on libel, I thought I’d write up a brief summary of what libel is and a few of the issues a fiction writer might need to consider when using real events as inspiration for a book.

I have no legal experience and this article is not intended as legal advice in any way. If you have any reason to believe that you’re at risk of a libel suit, please consult a legal professional.

Libel is defamation of a person’s reputation in permanent form, including written, recorded, or imaged. Proving or disproving defamation is quite a grey area legally because it often rests on the opinion of the judge and/or jury trying each case, and therefore, also, on the persuasive skills of each side’s legal counsel.

In addition, it seems there is a great deal of discussion occurring around defamation laws, due, in part, to a conflict with the freedom of expression concept. A person has the right to his/her opinion, but if that opinion defames and injures another person, that opinion can have a cost. The finer details of the law in any country could easily change following review, which is why it is important to check your legal standing with a legal professional rather than relying on lay information, which may be out of date.

Another thing to bear in mind is that a writer can be sued for libel in a different country to where the writer resides or where the book was published.

Libel is not a concern that affects only non-fiction journalists. In fact, fiction writers probably have a greater difficulty than journalists, because a journalist who has checked his facts and published only what he can prove, has the defence of truth to fall back on should he find himself in court. Fiction, by definition, is not truth.

But even the truth defence is limited in some instances. In some countries it is not acceptable to “out” someone if it is not necessary. For example, a thinly disguised story that reveals an upstanding citizen’s conviction for shoplifting twenty years previously, could get the writer into trouble even if the details are completely true. The revelation of the conviction could change the person’s standing in the community, but it could be argued that it was unnecessary for the community to know about it.

Again, it might be acceptable in the writer’s country to “out” such a person, but the citizen could possibly sue from another country where the courts might rule in his favour.

Using a real event as inspiration

If you’re inspired to write a fictional story based on a real event, first try to isolate the themes that interest you. Look for the fundamental issues that storytelling deals with. According to Georges Polti, there are only 36 general plots around which we tell stories. Which plot does your event fall into?

Strip out the people involved and invent new characters to carry your plot. Consider whether the real people involved are still identifiable based on any of the details of the event that you may want to retain. If they are, you haven’t gone far enough to remove the layers of truth.

Real events that affected many people (like 9/11 or Hurricane Katrina) are “safer” for forming fictional stories that highlight the theme that has attracted your attention. With so many people involved, one single person doesn’t generally stand out unless they are remarkably identifiable.

Smaller events that involve only a few people are more risky. If the details of the event are unusual, it could be argued that the real people involved could be identified by friends, associates, or relatives. Even if the characters are fictional, it may be possible for someone to draw the conclusion that the actions of the character are the actions of the real person.

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For more help understanding libel and other legal issues that affect writers, try The Copyright Permission and Libel Handbook : A Step-by-Step Guide for Writers, Editors, and Publishers by Lloyd Jassin and Steve Schecter, or The Writer's Legal Guide : An Authors Guild Desk Reference by Tad Crawford and Kay Murray