Is it libel? - Writers Forum

HarryG · 11-08-2007, 01:17 PM

Some three years ago, I started on a new novel which is now very near to publication by a major publishing house.

When I wrote the story (crime/adventure fiction), I introduced two minor, but relevant characters; one a member of the British Royal family, and one a famous television presenter, both total figments of my feverish imagination.

I attributed fictional acts to both characters, the Royal was involved in legal, but dubious economic activities; the TV presenter was involved in illegal, obnoxious sexual behaviour

I must again stress that my story is one of pure fiction and three years ago neither character could possibly be identified with any real person, nor did I have a real person in mind.

When my manuscript was submitted to the publishers, that was still the case. Unbelievably, within the last six months, that changed – there have now been two well-reported scandals, exactly replicating what I wrote of three years ago.

My editor is now doing it in her pants, and insists that I re-write (delete) three chapters and 10,000 words, reasoning that her employers would be sued for libel if the manuscript was published in its present form.

Now, I’m just about the stroppiest git that ever walked on two feet, when I think I’m in the right, and my argument is: how can it be libel if I wrote my tale three years ago about totally fictional characters and totally fictional acts, just because a couple of irreprehensible characters come along two years later and act abominably, but in keeping with what I predicted?

Mike C · 11-08-2007, 04:30 PM

A conundrum. I would hazard that if you can prove that you wrote the book before the scandals were uncovered, you (and your publishers) are in the clear. Similarly, if your characters are too close for comfort, but the allegations are true, you're also in the clear. I suspect that you only face trouble if the characters are unmistakeably those in the real life cases, and that the allegations are false. Even then, I think it would be hard for a lawyer to put a cast-iron case against you. But I'm not a lawyer.

I would suggest maybe you carry on being a stroppy git and suggest to your editor that she runs the scenario past her employers (and their lawyers) rather than making arbitrary decisions on their behalf. It may even be that the publishers might like a little controversy.

HarryG · 11-08-2007, 05:16 PM

Mike, it’s the advice I was hoping for from someone that knows what they’re talking about. The trouble is, that although I’m a stroppy git, I would also like to buy a house for my youngest daughter and youngest grandchild, a modest place in the sun, near to where I live.

If I delete three chapters, swallow my pride, I may be able to do that, if I don’t, the book won’t be published.

No problem, is it? I won’t be the first person to sell my soul, but I may be someone that’s troubled by it.

Non Serviam · 11-08-2007, 05:25 PM

You need to ask a solicitor.

Mike C · 11-09-2007, 01:42 AM

Quote:

Originally Posted by HarryG

The trouble is, that although I’m a stroppy git...

Hard choice. Integrity vs success.

I'd still suggest that you (cranking down the stroppiness a bit) respectfully suggest the editor seeks advice before ordering cuts (would any minor rewriting effect a compromise?) but if it's a simple either/or scenario, you have to consider that if this book doesn't see the light of day, you may not get another big break. If it does, and it's successful, you may end up with enough clout whereby next time around you get to make the decisions.

Although in theory I support upholding artistic integrity, in practice you have to be pragmatic.

Jeff Colburn · 11-09-2007, 03:29 AM

While you wrote the story before the events really happened, the editor is afraid that the real people will sue them if the book is published because the events in your book are so similar to reality. And depending on your contract, you may have to pay some, or all, of the legal fees if a suit is filed.

Is it fair to you, no, but unfortunately, life is like that sometimes.

I would suggest, as others have said, that your editor run it by the legal department. Good luck with this.

Have Fun,
Jeff

Joe Moore · 11-09-2007, 08:31 AM

If an editor requests a revision based upon possible libel issues, I would take that VERY seriously. Pick your battles wisely and check your contract for resolution of legal issues. Standing your ground just might cost you more than you bargained for. Good luck.

Joe Moore · 11-09-2007, 09:09 AM

A couple more thoughts:

Check your contract for “conditions of acceptance” and “compliance of requested revisions”. And remember that no publisher will place an author’s “stroppy git” ahead of the wellbeing, stability and legal exposure of their company. Good luck.

CaptainFreedom · 11-09-2007, 03:02 PM

Don't forget that if they get sued they'll have to fork out a tidy sum in lawyer's fees even if the suit is total BS.

If you're talking about someone in the royal family, they've got money to burn. They can just throw money at a problem until it goes away. The problem in this case being your book.

Do what your editor wants.

CF

HarryG · 11-09-2007, 03:26 PM

Thank you for the advice, it’s no less than I expected and I’m grateful. Principles don’t pay the rent, do they?

But, but, but, the stroppy bit is making me sit up. I’ve been here before, because of my silliness. Does it really mean that all writing is so heavily censored that only the sanitized, meaningless stuff appears in the bookshops? Do we read only what the ‘establishment’ wants us to read?

Sadly, I think it’s true. I’ll toe the line because I either lack courage, or because I want to make a few quid. I hope the latter is true.

Selorian · 11-09-2007, 03:35 PM

I don't know what I would do in the same situation.

On one hand, I would want to do the revisions to insure it got published.

On the other, I can't help but think here's a huge marketing opportunity.
"A story that could have been ripped from todays headlines!"
If the marketing and legal people knew what they were doing, they could use this fact to their and your advantage to sell this book and come out unscathed with even more sales than you could ever hope for otherwise.

Quite a situation you're in.

Joe Moore · 11-09-2007, 03:43 PM

Quote:

Originally Posted by HarryG

Does it really mean that all writing is so heavily censored that only the sanitized, meaningless stuff appears in the bookshops?

Hey Harry, I don’t agree. You can pretty much write whatever you want. In THE LAST SECRET, I had the entire English royal family commit suicide. In THE GRAIL CONSPIRACY, I had one of the highest ranking senior cardinals betray the Vatican and everything it stands for. In THE HADES PROJECT, the bad guy was the Secretary of Homeland Security. But at no time did my publisher tell me that there was a libel issue involved in anything I wrote. And if they had, I would have reacted by fixing the problem. Apparently, in you case, something set off their alarms. I don’t see it as censorship at all. What I see is a preemptive business decision for your protection and theirs. Good luck.
Joe

valeca · 11-09-2007, 05:21 PM

Quote:

Originally Posted by Joe Moore

What I see is a preemptive business decision for your protection and theirs.

This might be a bit off topic, but...

Yep. It's a business and they're in it to make money. And, just like any other business, they want to cover their collective legal asses. Sadly, that sometimes means they're censoring and sanitizing what they're putting their name behind, regardless of quality, but that's really their right. It's your right to decide if you want to go with what that 'establishment' wants, with someone else, or make a go of it on your own.

Best of luck whichever way you go. Let us know how it turns out.

Mike C · 11-11-2007, 03:38 AM

Small note of order - the Royal Family never sue. Last member to do so was George v, i believe.

Pete_C · 11-12-2007, 01:44 PM

Quote:

Originally Posted by Mike C

Small note of order - the Royal Family never sue.

Last Saturday, I went to Peckham and pulled the Queen in a disco. We were going back to the Palace in a minicab, and she let me finger her. Then we did a runner and never paid the fare. I left her trying to vandalise a phone box in the Mall. She's not my sort. She's got a penis actually.