Politics, Religion & Liable Action...

Cindy Dale

Politics, Religion & Liable Action...

I am writing a novel about growing up (White) in the apartheid era - political corruption, police brutality, family violence, religious fundamentalists, crime, murder. etc of the past and present. I name and shame the public figures and organizations were appropraite. I disclose horrifying political facts of the past and present and am able to verify every fact. If the facts are all on my side where do I stand re liaible actions? Does content like I have described cause a book to be placed on a banned list?
 

LiamJackson

Re: cindy

Cindy,

Just keep in mind that the truth isn't necessarily a defense against litigation. It can, however, be a defense against being found at fault, during said litigation.

I'm not a lawyer and don't pretend to be, but I know this: Anyone can sue anyone for any reason, at anytime. Winning cases/awards is another matter all together. In instances that carry substantial risks of litigation, it's smart money to speak with a lawyer up front.
 

luckky one

Re: cindy

If it is a novel and thus understood to be fiction, then you have no problem in a courtroom.

If non-fiction, auto-biography, you will have to provide a bibliography of all your sources, because people will come after you.

Public figures however can't really do anything. Some might raise a fuss, but they sort of traded a lot of those "private rights" away when they got into the public eye. Atleast, that's what the U.S. Supreme Court says. You are in the U.S., right? I can't help you otherwise.

Most of what you will be saying about the public figures will be common knowledge, right? Common knowledge is fair game.

However, if it is mostly hearsay and conjecture, I would change names, and do an allegory. Just to be safe.

Also, your opponents can only have a case if they can prove that you had INTENT to slander said public figure. Intent is really hard to prove.

I would go ahead and write the book, and until showing it to publishers, try to only tell a few people, if any, about it at all. If people ask, be vague.