Legal Question in Constitutional Law in Tennessee
Privacy Torts
I have recently written a book disclosing the horrible physical abuse and torture my mother inflicted on me as a child. There are literary agents and publishers who have shown serious interest and I am certain the book will eventually be published. My concern is this: what might I do to protect myself from possible legal action from my mother, four brothers, and other family members who were well aware of the abuse, and will no doubt be embarrassed by the revealation? Vengence is not my intent--mine, is a shocking, inspirational story that needs to be told. Is it necessary to change the names of the family members involved, or can they still sue in spite of this? Is there a disclaimer or notation that I may include at the beginning of the book to offset legal action? Or is a lawsuit inevitable? Please advise!
1 Answer from Attorneys
Re: Privacy Torts
In this society a lawsuit is possible for nearly anything, but those based upon libel, slander or defamation of character are completely defensible with the truth. One is not held liable in the law for statements which are proveably true. As for a lawsuit based upon tortious invasion of privacy, motive becomes an important issue. A story which centers around the life of the author and includes others only secondarily, would seem to be immune, although defending such a suit, even if one wins, would be an expensive proposition. Using alias names could help, although surely anyone close to the family could recognize the characters even with fictious names.
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