Update on Question and Answer #7, Can I Write About Real People in Fiction?

In a previous post, I had mentioned that the actress Scarlett Johansson had filed litigation June 13, 2013 against a French novelist and his French publisher for a character in his novel who is thought to be Scarlett Johansson but turns out to be an imposter. Johansson sued for defamation and for fraudulent exploitation of her name, image and celebrity.

The French court handed down its ruling last week and found in favor of Johansson on the defamation count--Johansson had alleged that the character had engaged in a life style that was not Johansson's--but dismissed the count of fraudulent exploitation of her name, image, and celebrity, noting that the actress had discussed her private life in interviews.

Johansson had asked for 50,000 euros in damages, and the court awarded her 2,500 euros in damages plus 2,500 in legal costs.

The French publisher is claiming victory, noting that the book has already sold 100,000 copies in French and German editions and that it is entertaining offers for an English translation.

It turned out to be not the "landmark" case Johansson's publist had promised when the lawsuit was filed. 

I had indicated in my original post that Johansson's libel claims was likely to weakest, which is why celebrities often resort to other legal claims, like Johansson did. Interestingly enough, the court granted in her favor for libel, but awarded just a token amount, and dismissed the other claim. Some judges have exhibited sympathy for celebrities battling stories about their private lives.

For writers, it still comes down to what I wrote originally, that the law does not distinguish between fiction and nonfiction. If an individual claims that a fictional portrayal amounts to false statements that the public can identify with him/her that are defamatory and cause damages, he/she can sue for libel. A writer should keep that in mind in basing fictional characters on real people or using real people as characters. Because or the inherent conflict between fiction and a statement that is false, it has proved difficult for plaintiffs to win in these sitiations. It becomes a benefit/risk assessment for the writer and publisher.

Copyright 2014 John T. Aquino. This article is intended for educational purposes only and does not constitute legal advice.