Reviews and Libel

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MicheleLee

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I'm not sure this is the right area of the forum to ask this, but no place seems better. Over the last year I've seen some lovely success running a review site. I've gone from reviewing the books I bought, to begging for books, and now people court me for reviews (ah, it warms a as-yet-unsuccessful writer's heart to be wanted).

In a recent public discussion I've been told that it is completely possible for someone in the UK (or anywhere else) to sue me for libel if my reviews are not positive. I'm not a snarky reviewer, but not all books impress me, and some are good, but not stand out. I've being told I could be sued if I even call a book boring, if an author in the UK (which has much stricter defamation laws) takes offense.

Can anyone tell me if this is true? The only examples I've seen (and not just been told about) are on Wikipedia's "Libel tourism" page which is 1. Wikipedia and 2. based almost completely around a man suing people for saying he finances terrorism (which is different than saying his product is boring.)

So should independent reviewers be worried?
 

dpaterso

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Moving this from BWQ to AW Roundtable for a wider audience...

-Derek
 

brianm

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The only instance I could possibly see a plaintiff winning a lawsuit of this nature would be if the plaintiff could prove the critic wrote the review maliciously to intentionally harm the writer.

Anyone can file a lawsuit. However, that doesn’t mean it has merit and a judge will want proof a case has merit before hearing it.

Just my humble opinion.
 

IceCreamEmpress

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In a recent public discussion I've been told that it is completely possible for someone in the UK (or anywhere else) to sue me for libel if my reviews are not positive.

Mike Ph*lb*n is not going to sue you or anyone else. Although UK libel law is different from US libel law, the threshold for artistic opinion is still quite high.

You can write "Mike Ph*lb*n's book is boring and horrible" and that's not libelous in any way. Now, if you wrote "Mike Ph*lb*n's book is boring and horrible and he wouldn't have written it if he hadn't had a few too many Pan Galactic Gargle Blasters* the way he does every Thursday night" that might be actionable.

If he grew the nads** to hire a solicitor*** and take an action. And if it wasn't thrown out of court right off.

The famous cases where people in the UK have won libel suits against US writers are all about things like asserting that an identifiable individual was directing funds to al-Qaeda. Not about someone's opinion that a book is stupid and subliterate.

Don't worry about him, or anyone else, suing you. Your opinion of someone else's work of art is never actionable. They're just rattling sabers and trying to frighten you. Don't let them.


*Pan Galactic Gargle Blasters are fictional cocktails, and nobody has ever had even one. So clearly Mike Ph*lb*n doesn't overindulge in them ever. Because they don't exist.


** Chances of him growing nads are infinitesimal.

***Requires money.
 
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waylander

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Not at all likely.
1 - It costs serious money to initiate a libel action
2 - A review is opinion. Unless you say something that could damage an author's good name then the case won't even make it to court. I've read plenty of really scathing reviews in the national press which, no doubt, annoyed the author/director/ greatly, but they can't do anything about them.
 
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Deccydiva

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It was around £10,000 just to initiate it when I last enquired (when I lived in the UK)
 

IceCreamEmpress

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I've read plenty of really scathing reviews in the national press which, no doubt, annoyed the author/director/ greatly, but they can't do anything about them.

Well, they can (and apparently do) do the same thing that is happening here: they make completely impotent threats to sue.

The thing is that the UK press has legal counsel who can tell them that the angry authors' threats are nonsense.

This character is counting on Michele's lack of information about the UK legal system to threaten her with his lies. (Either that, or he's genuinely confused about how things work, because he's an ignorant pillock in general.)
 

waylander

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I have written reviews of SF/F books for a respected website and I've handed out a couple of scorchers. No-one has threatened to sue me or the guy who maintains the site.
There is only one answer to someone who suggests that they will sue over a negative review and the second word of it is "off"
 

maestrowork

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I don't know about UK laws but saying "His book is horrible" is not libel. Even if you say "he's a horrible writer" it's not libel -- it's just a matter of opinion. But if you say "he's a child molester and a murderer for writing something like that" would probably land you with a lawsuit.
 

MicheleLee

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Mike Ph*lb*n is not going to sue you or anyone else.

:roll: Wow, straight to the point. Really, I'm not concerned about him specifically (for the reasons you've mentioned). And for the record I have not ever been threatened with a suit for any reason, much less a review. The situation (and others this year with authors having not-glowing reviews removed from Amazon and harassing reviewers, etc.) has me thinking about the legalese of it. So I came here to ask people who are more knowledgeable than I. :)
 

Robert Toy

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The really LONG definition(s):

The definition of libel depends upon whom is asked. It is clear that the definition of libel in U. S. law revolves around defamation of character in the written form.

One definition of libel may not be enough to satisfy most, so we've put together the top 10 definitions of libel from various legal resources.

Definition of libel 1: Libel is the written act of defamation, vs. slander, the oral act of defamation.

Definition of libel 2: use of print or pictures to harm someone's reputation. Until 1964, a person could prove that they had been libeled simply by showing that the statements in question were incorrect. In 1964, the Supreme Court decided that public officials had to prove that the statements in question were made with "actual malice"-for the purpose of harming the person's reputation. As a result of the Supreme Court case, Time, Inc. v. Firestone (1976); private individuals only have to prove negligence, rather than "actual malice," on the part of the press.

Definition of libel 3: Defamation of an individual or individuals in a published work, with malice aforethought. In litigation, the falsity of the libelous statements or representations, as well the intention of malice, has to be proved for there to be libel. In addition, financial damages to the parties so libeled must be incurred as a result of the material in question for there to be an assessment of the amount of damages to be awarded to a claimant. This is contrasted to slander, which is defamation through the spoken word.

Definition of libel 4: Libel per se describes statements, which are widely understood to be harmful to a person's reputation. For example, referring to an individual as an alcoholic or criminal, or any description, which would lower the reputation of that individual in the eyes of others. These words are harmful and libelous.

Definition of libel 5: A written, printed, or pictorial statement that unjustly defames someone publicly. Prosecution of libel as a punishable offense puts some measure of restriction on freedom of the press under the First Amendment.

Definition of libel 6: To defame, or expose to public hatred, contempt, or ridicule, by a writing, picture, sign, to lampoon. A tort consisting of false and malicious publication printed for the purpose of defaming a living person.

Definition of libel 7: To publish in print writing or pictures, broadcast through radio, television or film something that is false about someone else which would cause harm to that person or his/her reputation by bringing the target into ridicule, hatred, scorn, or contempt of others. Libel is defamation, which is written, or broadcast and is distinguishable from slander, which is oral defamation.

Definition of libel 8: A malicious publication expressed either in print or in writing, or by pictures, effigies, or other signs, tending to expose another to public hatred, contempt, or ridicule. Such publication is indictable at common law.

Definition of libel 9: Published material meeting three conditions: The material is defamatory either on its face or indirectly; The defamatory statement is about someone who is identifiable to one or more persons; and, The material must be distributed to someone other than the offended party; i.e. published; distinguished from slander.

Definition of libel 10: A publication without justification or lawful excuse, which is calculated to injure the reputation of another by exposing him to hatred, contempt or ridicule.

As one can see, the legal definition of libel revolves around the maliciousness of the act and the harm it has causes. The act of libel, according to the law, has to be in written or visual form such as an article or photograph and has to somehow damage the reputation of a person or business in some way where the courts are the natural place to resolve the claims.

For example, if you were to write and publish an article accusing someone without a criminal record or any other proof of being a "disgusting pedophile" this statement would be very libelous. The person's reputation would be damaged and you would be open for a libel suit. If, however, you reported that you observed someone with a past criminal record of inappropriate behavior towards children, in a public place engaging children with candy and games and wondered if this was legal, then this would be a much safer statement.

In a libel case, the hardest part is trying to interpret the intent of the defendant. If someone's intent was clearly malicious, then a libel case has a good chance of succeeding. Libel is not libel when it is about and un-definable group of people or organization. Saying all "CEO's are crooks" is not libel, but specifically naming a person who is a CEO, most likely is.

The best defense in any libel case is "truth" as this element is thought to be something that mutual excludes libel. The concept of "truth" is different from "fact"
 

waylander

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Particularly in the UK. They don't really have those contingency-fee lawyers like we do.

We've learned the bad habits and do now for personal injury, but not libel
 
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