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User Topic: Privacy/Libel: is there any recourse?
Eudaimonia
♀ Member
Member # 32445
Default  Posted: 4:26 PM, October 1st (Tuesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Original thread:
http://www.survivinginfidelity.com/forums.asp?tid=498589&HL=32445

After the above post, I had asked nicely for my family to be left out of any blogs, books, etc. from this person. I do not believe that she will heed my wishes (respect my boundaries, as it were).

This person wants to rewrite history by blaming everyone for her obscene behavior-publicly!!! Not me so much as my parents. No parents are perfect, but she's waaaaay out of line.

She's the type that blogs and FBs non-stop, bashing whomever and whatever. Now, she's written a "book." It's laughable. I hear you can "publish yourself" nowadays. Do we have recourse? Is there anything to do to stop this?

I also am HORRIFIED that she has included the betrayed wife in this awful book. And the wife, likely, does not even know her H cheated!!! (And again for the record, the "author" of this "book" has claimed to have had HPV-which may or may not have been passed on to the unknowing wife)


One more:


So long, and thanks for all the fish!

Posts: 472 | Registered: Jun 2011
PeaceLove187
♀ Member
Member # 33559
Default  Posted: 4:50 PM, October 1st (Tuesday), 2013View ProfileEdit MessagePrivate MessageHomepage

From this website:
http://www.dmlp.org/legal-guide/publication-private-facts

"In most states, you can be sued for publishing private facts about another person, even if those facts are true. The term "private facts" refers to information about someone's personal life that has not previously been revealed to the public, that is not of legitimate public concern, and the publication of which would be offensive to a reasonable person. For example, writing about a person's HIV status, sexual orientation, or financial troubles could lead to liability for publication of private facts. However, the law protects you when you publish information that is newsworthy, regardless of whether someone else would like you to keep that information private. In addition, the law protects you if you publish information already exposed to the public eye and especially material obtained from publicly available court records. Despite the law's substantial protections for legitimate reporting on matters of public interest, it is a good practice to obtain consent before publishing sensitive private information about someone."

If she is self-publishing it will be difficult to stop the distribution of the book but you may choose to speak to a lawyer about suing.

[This message edited by PeaceLove187 at 4:51 PM, October 1st (Tuesday)]


BW--Me, 57
FWH--Him, 59
Married 35 years
Empty Nesters

Posts: 638 | Registered: Oct 2011 | From: Midwest
Lonelygirl10
♀ Member
Member # 39850
Default  Posted: 5:02 PM, October 1st (Tuesday), 2013View ProfileEdit MessagePrivate MessageHomepage

All states handle this differently. Publishing about an STD is considered malice in my state, and grants you a presumption of damages.


30 Bgf
Dday: April 2013
Relationship ended: January 2014

Posts: 1215 | Registered: Jul 2013
Eudaimonia
♀ Member
Member # 32445
Default  Posted: 5:47 PM, October 1st (Tuesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Thank you so much. I wonder if the state in question would be on the author's end or the person whose privacy is being invaded. If it's the latter, we're looking at pretty much every state in the western side of the country plus HI....probably more.


So long, and thanks for all the fish!

Posts: 472 | Registered: Jun 2011
anewday78
♂ Member
Member # 39357
Default  Posted: 8:19 PM, October 1st (Tuesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Usually authors who write books like this change names to protect the anonymity of those involved. Tell her that if she's to be taken seriously as an author, she should BE a serious author and protect the identities of the real-life people involved. She's not a celebrity so it's not like the book will get a boost in sales due to any kind of publicity for exposing the names of famous people involved so she has no reason to use real names.
Research the laws in your area and show her that she can be sued and possibly brought up in criminal charges and that it would be in her best interest to change the names of the characters in her book.

Posts: 350 | Registered: May 2013
Topic Posts: 5

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