Legal Question in Personal Injury in Maine
What constitutes confidentiality in writing memoir and fiction.
In writing memoir, residents of an institution are described. Their names are changed. Is it personal injury to describe a person's problems (mental illness, family issues) if their names are changed. Does other material have to be altered. In writing fiction, if the story is based on fact, John had an affair with Mary, and everyone in town knows it's true, can the story be considered libelous. Evn though the details of the affair are altared in the story, ''everyone'' knows who is being referred to. Does it hurt a reputation, even though the facts are already well known.
1 Answer from Attorneys
Re: What constitutes confidentiality in writing memoir and fiction.
Although your question is posed in the abstract, it should be presented to an attorney for an in-person consultation and the actual facts reviewed. The analysis of defamation is highly fact based and it would be necessary for you to take this step to ensure proper consideration.
However, as a general matter, the truth is a defense to defamation. In other words, if something is unflattering, but true, it is not usually defamation. Nevertheless, private citizens (not those in public office or otherwise famous)have a certain expectation of privacy. Issues regarding privacy are always changing, and since I do not focus my practice on privacy issues, I would again suggest that you review the specific facts with an attorney experienced in this area.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
