Is it possible to libel a website such as Craigslist or Facebook in a work of fiction? For example, if one were to write about a fictional character who had an interaction with another character, and it depicted the website in an unflattering light, would that be actionable? Or is it necessary in a work of fiction to make all names anonymous?
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While it may be possible to be prosecuted for a defamatory statement in a work of fiction, it seems rather unlikely.– phoogJun 2, 2016 at 4:34
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1 Answer
Yes
Defamation is the communication of a false statement that harms the reputation of an individual person, business, product, group, government, religion, or nation.
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But this is a work of fiction. The company in the work is therefore fictionalized. If the work makes a false statement about a company wouldn't one also have to show that the statement was intended to apply to the real company? Otherwise there's no harm.– phoogJun 1, 2016 at 19:54
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@phoog libel is all about fiction - if what you say is true (non-fiction) then you have an ironclad defence– Dale M ♦Jun 1, 2016 at 21:13
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@phoog if it harms the reputation of that business - then yes. Intention doesn't matter - the plaintiff would need to show actual damage to reputation.– jimsugJun 2, 2016 at 5:01
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@phoog I think the idea of "damage to reputation" resolved the issue for me. also see: law.stackexchange.com/questions/1557/… Jun 2, 2016 at 16:37