Is this possibly libel - *Trigger Suicide*

[FumingAboutABook]

Posting for traffic and name changed so not to link to my other posts as this will be very outing.

Background, I was in a very abusive relationship, he was violent, financially abusive and extremely controlling, this all came to a head a couple of years ago when he took his own life (and of course the note he left laid all the blame for this at my feet).

Prior to this practically nobody knew about the abuse apart from my work but even then they had no idea of the true extent of the situation. After he took his life a fair bit of the abuse came out but in typical fashion most of his friends denied he was like this and made excuses for him etc.

Anyway today I received a message from an old mutual "friend" who I haven't spoken to since it all happened (he also moved countries so I was very easily able to avoid contact with him). the message was to let me know he had written a book about the life of my ex including a whole chapter about me and asked for me to buy a copy from Amazon and leave him a review as it is his first book. He has admitted that it is not an exact true version of events and that he has made the ex out to be a more successful guy than he was but has remained true to him and is easily identifiable.

I haven't yet bought the book, mainly because I don't want to give this guy any money but obviously I want to know what has been written about me.

My main question is, if I am easily identifiable (and I know he has used my real first name at least as one of the chapters is titled as my name) is there anything I can do to have the book removed from publication? I certainly don't have the money to start fighting him through the courts but obviously don't want the world to know the ins and outs of the worst time of my life. Especially as a lot of people still don't know the full extent of what I went through.

I know I am going to have to buy the book and check out what is actually written first before I can potentially do anything but just wanted to know what I could do if anything?

I wouldn’t be able to resist reading it.

But I would TRY to put it in perspective. Some utter knob has written a book that could possibly identify you, but it’s highly unlikely to get bought by very many people and of the few who buy it, it’s not likely to be people you know and even if it is, it really can’t do much harm, especially as work know and support you.

Try not to worry yourself over it 🌷

I would get the thread pulled too because this is just drawing attention to it x

There are the rights you have in the legal realm (which might be complicated depending on where you reside and where the book is published).

There is also what is sensible. You might want to avoid a situation where your legitimate actions enable enough publicity to arise for the book to gain traction. The vast majority of self-published books sell little and after you read the book, you might decide to act or to let this lay.

So much of the legal position will depend on exactly what is said and how and whether this is fiction, non-fiction or 'creative non-fiction'. As you say "He has admitted that it is not an exact true version of events", I don't think you will understand your position until you read the book, see exactly what the book says about you and how the story is badged (Truth, fiction or ??).

Good luck.

I have no idea what you can do about it. Just wanted to say, what an absolute bastard your 'friend' is.

Is it a biography or a fictional account of your ex's life? Either way, he's a total douche to a) write about you without your permission and b) use your real name! Get someone to buy a copy and force yourself to read it so you can identify the untruths. Then see if a solicitor will take it on a no-win, no-fee basis – it sounds like you could have an excellent case against him.

No idea what the legal side of things are but what on Earth did you say to him when he said he'd done this?! I'd have hit the roof!

Is it supposed to be a work of fiction where he used your lives as inspiration? Or a biography?

I'd get a solicitor to write a letter stating that you do not give your permission to be identified in the book, demanding that they remove any reference from you and remove any copies with your name and details in from publication, and that you reserve your right to take further legal action for defamation (even if you never would).

Hopefully that will shit the author up enough to take the requested action.

I'd be inclined to let it be known (to anyone that will listen) that you haven't given this knob head permission to write about you. In case people get the impression that the book is a true account and has your blessing, but It does sound like the only people likely buy it are ones like yourself who are curious to see what has been written.
How anyone could think it is acceptable to write something like that and then have the cheek to ask you to buy a copy is beyond me.

No one is really interested in self published books, they are an ego trip for the "author". A family member wrote one, it was dire Dont buy it, dont get anyone else to buy and dont read it. It wont be your true story, the inaccuracies will irritate you, you'll probably feel hurt and confused and feel like you need to set the record straight. You dont! Anyone asks just say you havnt read it as it will be a work of fiction as the author did not live the experience, you did. Tbh this person should be ashamed of writing a book based on other peoples misery

I wouldn't buy it. You'd be gifting him money for gossiping about you.

Contact him and ask him to send you the chapter that concerns you. If he is remotely professional, he'll do it.

What a hideous thing to do - and then asking you to buy it and review it?? WTF? What was he expecting "5 stars - I loved how the author depicted my traumatic experiences"

Can you add a comment to the review section of amazon saying not written with your knowledge or approval - amazon might pull

Honestly? Freedom of speech covers so much - think of all the unofficial biographies there are out there that are a load of tosh - that I think it would be very difficult to sue. The likely hood of the book being 'banned' in any way is very slim.
You'd just be giving this oxygen and publicity.
My advice - ignore it, ignore him, do not respond top hime, do NOT read it, and if anyone you know mentions it to you tell them it's a work of fiction that bears little resemblance to the truth.
If it's self published then it's not going to have much attention paid to it...

Seriously - DO NOT read it. What's the point? it'll all be nonsense made up in this guys head.

The world isn't going to know about anything, the only people who make money off self published Kindle books are Amazon, the chances that more that 3 people buy/read it are slim. Even if he prices it at 0.01 p it still won't get picked up.

And I'm no expert but I'm sure you have to give permission to be named in a book

No, you don't.

Then see if a solicitor will take it on a no-win, no-fee basis – it sounds like you could have an excellent case against him.

The trouble with this is that the solicitor needs to be able to assess that there is a reasonable chance of winning sufficient damages and costs to make it worth the risk. Given that OP says she didn't suffer financial loss - which is a prerequisite for a libel claim - it doesn't sound as if she'd get past this hurdle.

You also need to take into account the risk of losing and being ordered to pay the other side's costs. You can take out insurance against that, but I believe the premiums are high.

Do not leave a review or tell others.
Loads of authors use bits of different peoples lives. Even if I read this and could identify you, I would assume a lot isn't actually true, but just a bit based on you.
Telling others or leaving reviews will draw attention it it. Most self published books have at most a few people buying it. No one will read it.

Could you get your local library to order it? I'd google it and find out who the publisher is and as much information as you can (ISBN). Books can get pulled off shelves if there's the threat of legal action. Sorry you're going through this OP.

can't see how it would impact me financially

There doesn't have to be a financial loss for it to be libel, it is enough that people might think negatively of you, like you less as a friend. It just means you won't get any financial compensation. Libel cases can result in an award of 1p (plus costs) and an apology/removal of the libel, which is what you want. Although they are usually settled out of court.

This is enough: he may get quite a few people who will either know me through work or at least know of me (it is a very small place over here!) some will believe anything they hear

That is assuming it is defamatory and untrue rather than a breach of privacy. Sadly, it wouldn't be defamatory to say you were a victim of abuse (if that is what it says, it is true and he can prove it eg your ex was convicted of abusing you), it would be a breach of privacy, which is not really protected in UK law.

If it is not actually libel but a breach of privacy, is it possible that the author is just an insensitive idiot who didn't think about how you would feel about it? Maybe he would agree to remove the chapter about you or make it less identifying?

If the chapter about you is a few chapters in, and the quality of the book is typical of self-published books, no-one will get that far.

I'm not a lawyer, but I do know a bit about defamation law. Is it definitely the case that this is self-published? That does make a difference.

To be able to bring a libel suit, you would have to be identifiable to people who know you and are reading the book. The book would also have to be untrue (truth is an absolute defence in libel cases) and to lower their opinion of you. So, for example, if it said "Fuming was sexually attracted to little children" that would be libellous if it was untrue. If it just said something like "Fuming had a terrible relationship with her boyfriend," that wouldn't be libellous.

If I were you, I'd read it first to see what you think. If it really is libellous, and you are identifiable, you might be able to get a laywer to write a stern letter to Amazon relatively cheaply, and Amazon might pull it rather than risk the aggro. After all, it's no skin off their nose.

Write your own book and dedicate a chapter just to him and his drive to profit from a ‘friends’ death and an abuse situation!

What a horrible man.

I’m clearly a spiteful person as I would want to screw him over in anyway I could! But it might be better if you could rise above it and let it go, I would be incandescent though.

I think your priority first is to avoid publicising it.

So, no, don't leave a review. Amazon don't read them, but bored people looking for their next book download do. It could end up on buzzfeed or something.

Defamation law is complicated. I'm not sure I'd get bogged down in the technical details before you have to. I'd probably just buy the book and read it, if it wasn't very expensive, but you could either ask him to send you a copy for nothing or get someone else to buy it. Read what has been said, see how you feel about it and its accuracy,and then think about whether you want to look into how defamation law works.

If it's any comfort, I have a few friends who have self-published books and whilst I have generally bought them to be supportive I've blush not actually really looked at them very much.

Given that OP says she didn't suffer financial loss - which is a prerequisite for a libel claim - it doesn't sound as if she'd get past this hurdle.

Not for an individual, only a profit making entity. It has to have caused "serious harm" to an individual, which doesn't have to be financial. Hopefully it would never get to the courts though, the threat of action might be enough.