The difference between storytelling and personal privacy is more thin than ever in the current digital era. Writing about real people is interesting but yet a challenging task, whether you’re writing a biography, memoir, or investigative book. In case, what if the subject of your topic has not granted you permission? Is it lawful? Which risks are there?
Many writers think that they can write about real people as long as their book is fact-based and properly researched. However, these legal rules strictly regulate, and writing about someone against their permission can have major legal repercussions in India and numerous other nations. This is especially relevant in relation to one’s rights to publicity, privacy, and defamation. Lawsuits, penalties, or even criminal penalties may result from breaking these rules.
Read this first before you start writing about real people. In this, we will dig into the legal rules for writing about real people , its risks, and best practices to make sure your book remain both interesting and legally compliant
1. Legal risks for writing about real people under BNS:
Defamation:( BHARATIYA NYAYA SANHITA,2023)
Writing about real people comes with its own set of risks.
Defamation is defined under Section 356 of the Bharatiya Nyaya Sanhita (BNS):
Making false statements that damage someone’s reputation is known as defamation.It includes:
- Making or spreading false statements about someone, whether verbal, written, or visual
- Being aware that they are untrue,
- with the intention of harming their public image.
Punishment for Defamation?
If convicted, you might have to deal with:
imprisonment for a term maximum of two years, or a fine, or both.
Exceptions to Defamation when writing about real people:
Your content may be protected if:
- It is accurate and serves the public good. –If the knowledge helps the public, the truth is a powerful defense against defamation
- It is a fair opinion about a public figure’s conduct–If criticism of public figures is grounded in facts, it is acceptable.
- It reports a court verdict accurately. Make sure to be accurate when reporting on legal subjects.
- It is obviously intended as humor and is either satire or parody. Generally speaking, when you are writing about real people, satirical content is protected unless it deceives the audience.
So, while writing about real people freedom of speech and expression protects your writing, but it must be true and serve the public good.
Right to Privacy (Article 21, Constitution of India)
The right to privacy is a basic right guaranteed by the Indian Constitution. Writing about real people without their permission could be against their rights.
What Qualifies as a Violation of Privacy?
Legal issues could arise if your work reveals:
- Financial records, medical information, or personal ties
- Private correspondence, diaries, or emails
- Unauthorized access to information (like leaked documents)
Even though the expectations for voilation of privacy are lower for public personalities. Highly personal information should only be disclosed if it is pertinent to the general public’s interest.
Right to Publicity (Protecting a Person’s Name & Image)
Another Particularly in commercial contexts, people have the right to restrict how their name, image, and appearance are used. When you are writing about real people, you tend to violate their right to publicity if you utilize their identity for financial gain without their consent.
Do not do the following without authorization:
- utilizing a real person’s name in marketing materials or the book title
- Putting a picture of someone on the book cover
- Making money off of their identity by using it without permission
However, this right is less likely to be violated if your book is journalistic or biographical and does not misrepresent the subject.
2. When can writing about real people be done without permission?
In some circumstances, writing about real people without that person’s consent is lawful
a. Historical personalities and public figures
You can write about historical individuals, politicians, or celebrities:
- If the information is previously known,
- If the information is pertinent and factually correct.
- You stay away from exaggerated statements and pointless personal information.
For an example, you don’t need permission to write about Dr. B.R. Ambedkar or Mahatma Gandhi. Falsifying them, nevertheless, could still have legal repercussions.
b. Public Interest Issues
You are less likely to be accused if your book reveals corruption, criminal activity, or unethical behavior and your material is true.
For instance, investigative journalists frequently engage in writing about real people who are involved in political scandals and business wrongdoing without their consent, as long as their statements are supported by proof.
c. Parody and Satire
As long as readers can see that your book is humorous, it can be protected by law if it parodies a well-known person.
On the other hand, satire that delivers incorrect information may be illegal.
Knowing these exclusions guarantees that your work on writing about real people will continue to be both creatively and legally acceptable.
3. Legal protection for authors in India when writing about real people
- Remain factual and avoid untrue statements.
Make sure that each statement you make while writing about real people is supported by facts that can be verified by others.Anything that is unclear should be either omitted or presented as an opinion rather than a fact.
- Give background information and make sure your statements are accurate.
A statement might be misleading even if it is factually correct. So while writing about real people try to give readers the full picture at all times so they understand the significance and background of an event.
- Respect privacy by not sharing personal information.
When it comes to private messages, medical records, and personal relationships, even well-known people have a right to privacy. It’s advisable to omit information if it doesn’t really benefit the public interest.
- Use disclaimers: Indicate explicitly whether any passages are fictitious.
Make it obvious to readers if you change names, places, or events to protect identity. Misunderstandings can be avoided when writing about real people with a straightforward statement that some characters or details have been fabricated. However, if someone is still clearly identifiable, a disclaimer won’t protect you, so be careful when fusing fact and fiction.
- Seek legal assistance – Prior to publishing, always seek legal assistance.
Seeking legal advice is a wise choice if your book contains real people, delicate subjects, or disputed assertions. When you are writing about real people a legal professional can examine your work to spot possible risks and provide recommendations for improvements to prevent legal action.
4. Conclusion: Is writing about real people without their permission worth the risk?
Yes, writing about real people can be a bit challenging, but depending on the subject matter and legal environment, it is possible to write about someone without their consent. If your book depends solely on fact, public records, or fair criticism, then you are less likely to face legal consequences.
Whenever feasible, get permission before writing about real people always confirm the facts before publishing;, and seek advice from a legal professional if in doubt.
