Avoiding libel

[NorkyPies]

A novel I've just read is set in a real location that I know, and has (evil) characters in local roles that actually exist - ie the owner of a very recognisable club, and even a local councillor for a NAMED ward and party that currently exist. How does the writer avoid being libellous?

I would be interested in this answer as I have an idea for a book based on the school gates etc and all that surround. I know a lot of people that would make great characters but how do I write it without them knowing it is them.

Iamme - there are a number of novels that use the same idea as the school gates ones - Diary of a Mummy Misfit, for example. I think you can be sued if the info is proved to be incorrect. So really, putting the novel through a libel solicitor would be the only way.

I am a journo (got quals in media law and do frequent refreshers) and the same rules would apply.

If the writer is correct and these things have happened then they can't be sued. Do you know if it is based on a 'true' story, ie they have researched it from newspaper, court, police records? Or is it truly fictional?

If they have done their own research then it would have to justify the judge they had behaved with due diligence according to the Reynold's defence. www.bbc.co.uk/journalism/law/reynolds-defence/ . Even repeating a libellous comment (say in the paper) would be considered libel. However, anything reported from court would be 'privileged' meaning it can be reported without fear of libel. The same for council meetings etc, though tere are specific rules for every kind of 'privilege'.

If it was purely fiction and any coincidence in real life to identifiable people was just incidental, they would have to prove it was indeed incidental. However, the fact that you say you can read between the lines and assuming you are a 'right minded person' suggests that they are very identifiable and maybe the wronged individuals would have a case against the author.

Hope that helped!