Dear Geist,
When writing a short non-fiction story about someone, is it a bad idea to use the person’s real name? Also, if the person the story is about happens to read it and identifies himself/herself in the story, would that be enough evidence to sue the writer?
Dear J,
Disclaimer: We are not lawyers and this answer is not legal advice. It is a summary of our knowledge and experience on the subject.
Writing and publishing (including posting online) about real people can raise both ethical and legal questions.
Ethical questions can arise when someone is hurt or angry by the way a writer portrays them in the writing. As a non-fiction writer, you always take that risk. Even if the person knows you are writing about them, and even if no legal challenge arises, feelings can be hurt, friendships can be compromised, and so on.
Legal questions may arise if someone you write about in an identifiable way believes that you have harmed their reputation.
In our experience, ethical and legal complaints against writers are statistically rare. But when you write non-fiction (or even fiction), there is no way to safeguard yourself 100% against any ethical or legal complaint. Do take a look at the Advice for the Lit-Lorn posts
, where we list ways of handling real-life material that may help you in avoiding ethical or legal trouble.
—The Editors