More details to this question:
I've been encouraged by a lot of people to write a book about my life story. I'm putting a lot of thought into it... Some parts of it are stranger than fiction. The problem is my ex, who is a major component of the story I would like to tell. A story of breaking free from an abuser and an addict. I could envision him trying to sue me for libel if he caught wind of it. How do I protect myself without completely fictionalizing my story?
1 ANSWER
No one can guarantee your complete protection.
A recent example tells us that Mariah Carey's brother sued her for defamation for publishing her memoir. The law that protects her public interest speech, while recognizing her brother's limited right to protect his reputation in a public interest discussion will apply to you and your ex.
Bottom line: all public speech on a matter of public interest in NY receives the highest constitutional protection. Your ex would have to demonstrate malicious publication, meaning you are knowingly lying about him and that he has a substantial basis to proceed, such as damages or his public persona to protect.
Write your memoir. Shop it around and make sure your publisher's contract includes the obligation to provide you with liability insurance that includes personal advertising injury, or if you self-publish, make sure you have your own liability policy and attorney before doing so.
Answered on Aug 02nd, 2023 at 6:22 AM
Q&A on public fora are not confidential and if you need confidential guidance, you should get a one-on-one consultation.