Suing For Portrayal In Fiction

[DeeLicious]

If someone recognises a portrayal of him or herself in a book, even though that book is officially fiction and the names and other characteristics of that person different, can they sue if they consider it unfair, negative or whatever? Have there ever been any such cases ?

[Mamyalynne]

A case quoted here, am sure there are many others.

http://helensedwick.com/how-to-use-real-people-in-your-writing/

[atalanta]

The verdict is likely to be "if the cap fits, wear it."
But most fiction carries a disclaimer saying "any resemblance is coincidental". And taking a case to court is wildly expensive, so don't sue unless (a) you have suffered considerable financial loss and (b) you are pretty certain of getting whopping great damages.

[woofgang]

and c) you have a shedload of money for the upfront costs which you can afford to lose.

[jno]

yes

https://www.theguardian.com/film/2014/jul/04/scarlett-johansson-wins-french-defamation-case

[jno]

actually, that doesn't quite answer the question because the character had the same name as the real person but did different things; you're asking more about the other way round.

[Buenchico]

You can be as 'unfair' or 'negative' as you like in what you write about someone (whether you refer to them directly or hint at their identity through the use of a fictional character) along as what you write isn't 'defamatory'. (Even if it is, then proving that your statements were made as 'fair comment', as in a theatrical review, provides a sufficient defence in court).