Hello my name is ***** ***** I will help you with this.
Is what you are saying true please?
All of the characters have different names
in that case you have nothing to worry about
The names have changed
Even if they had not, if what you are saying is true then they can not do anything
They would have to show they have suffered serious harm and that the material is false.
Can I clarify anything for you about this today please?
Are you absolutely sure? It is marketed as a novel, work of fiction. Everyones name is ***** ***** novel uses lots of information acquired from email exchanges, snippets of chat. He was aware I was writing it. His occupation and name and that of his son are different. Please could you quote the law that I need to refer to to back up your advice.
I am sure. Yes
Defamation Act 2013
(1)A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.
(2)For the purposes of this section, harm to the reputation of a body that trades for profit is not “serious harm” unless it has caused or is likely to cause the body serious financial loss.
(1)It is a defence to an action for defamation for the defendant to show that the imputation conveyed by the statement complained of is substantially true.
Does that help?
I still feel very scared. The book describes his erectile dysfunction, his son's bi polar, his attempts at suicide. It's all very gritty stuff but I have passed it off as a novel and as it is only self published I have no idea how he knows about it.
Ok, but again if its true then you need not worry.
I can't help you with a moral answer, only a legal one!
Some things I have had to elaborate on to make it into an interesting story
Can I clarify anything else for you about this today please?
Is my main case then that names are ***** ***** I am passing off as fiction?
No. Its the facts are true
But names are ***** ***** secondary
Virtually true - is that the same thing though Thank you!
Yes. It needs to be substantially true.
Do you need me to clarify anything else for you?
Thank you for your help and happy Christmas
Happy Christmas to you too!
over and out
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