Jury finds libel in fictional character

By Eriq Gardner

Last year, we wrote about attorney Ravi Batra, who convinced the New York Supreme Court not to dismiss a "libel-in-fiction" defamation claim against the TV show "Law & Order" over a corrupt fictional character.

Now comes word of a new success by an individual pushing the same legal theory that fictional characters inspired by real life counterparts can be defamatory.

A Georgia jury has ruled that Haywood Smith, author of the bestselling novel "The Red Hat Club," libeled a former friend who had served as inspiration for a character portrayed as a sexually promiscuous alcoholic. The jury awarded $100,000 in damages to the plaintiff, Vicki Stewart.

In the past, defamation claims based on fictional characters haven't been very successful. (For example, in 1985, Nathaniel Davis, the former US ambassador to Chile, lost a $150 million libel suit against the makers of the Universal film "Missing.") But that might be changing.

In the "Red Hat" case, Smith's lawyers took this case up to the Georgia Court of Appeals before it could be heard by a jury. As a result, the case likely won't amount to a net monetary win for Stewart, who spent five years litigating the battle.

But combined with the Batra victory last year, the decision signals that anybody producing works of fiction shouldn't shrug off defamation liability.

Comments

[Michael Roberts of Rexxfield.com]

In many cases horrible problems have been avoided for the community as a result of anonymous blogging. This includes whistle blowing for white-collar criminals, community awareness when sexual predators move into the neighborhood, and many other alerts that are of great community benefit.

Benefits notwithstanding, you can't make an omelette without breaking eggs and anonymous free speech on the Internet is one such omelette. There is no such thing as free speech; there is always a cost. Sometimes that cost is acceptable, moreover desirable, particularly in the case of positive community awareness. However, often their many false and deceptive rumors, and libelous attacks are motivated only by hatred and vindictive antisocial promptings. More often than not, these serial cyber defamers have some type of antisocial personality disorder. They have nothing better to do than hurt other people; in fact they are actually fueled by other people's pain. Normal people like 97% of the readers of my comment cannot begin to relate to how these people think. Stop for a moment and imagine not having a conscience..... it is simply impossible.

A concerted, focused and malicious Internet smear campaign can be as devastating for a person that relies on his or her reputation for employment as a fire can be for a farmer who loses his fields, barns, and livestock.

Respectfully submitted by Michael Roberts. Internet Libel Victim's Advocate.
www.Rexxfield.com