: Re: What exactly is "fair comment?" From what I understand, truth is a defense against a charge of libel. More to the point, I've been told that a statement need not be true if it represents
After consulting the Meta question about answering legal questions, I've decided to post what I've found regarding libel in fiction. I am not a lawyer. I am summarizing from this blog post supposedly written by a lawyer, but the disclaimer at the end is maybe the most important thing to note:
Libel law is fact specific. Further, [there] is no single body of law [that] applies. Today, information travels far and wide. Many countries do not recognize the protections [the United States] gives authors and publishers. It is important that professional legal advice be obtained before acting upon any of the information contained in this article.
In short, as you mention in the question, fiction can be grounds for libel if enough of the details of a fictional character match a real person, such that the real person can be "easily identified" by those who know them.
The way to avoid this is to
Change your character so that it is obviously not the same person. Mix in other traits or history that contradict those of the real person, etc. Be careful that you do this in a way that doesn't attribute these traits to the person you're trying not to libel, but instead differentiates your character from your potential plaintiff.
Make some of the details obviously fictional. Example: a plaintiff sued Penthouse Magazine for libel regarding her supposed ability at oral sex. She lost because the magazine described her talent as "causing levitation" which is clearly untrue.
Wait for your real-life person to die; they can't sue for libel after they are dead.
Just leave out the details that make them identifiable.
There doesn't appear to be a bright line that you can use as a guide to say just how much real-life characterization is allowed before you step into libelous territory.
Libel law is fact specific.
This is the key point. It could theoretically be a single thing which links a character to a person, and a single "libelous" statement that causes you trouble.
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