It’s been a crazy
week fellas. I am so happy to say, “Thank God it’s Friday!” Now, all I have to
think about is my weekend getaway and how to get adequate rests for the next
week. And yeah, add those household chores that I have to finish by Saturday
afternoon. Boom! XD
My chores aren’t
the main concern of this post ‘cause honestly I can’t object to any of my tasks
to do since nobody has to do it for me. This post will talk about some legal
concerns I’ve been hearing for the past few days.
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| Bigstock image |
Let me start with
one of the most common cases in our society today. It is sexual abuse. It’s
been really encouraging to see lots of people, men and women, who’ve been
courageous enough to share their experiences. I understand how hard it feels to
talk about it, especially because I’ve been abused also. Whatever kind of abuse
you’ve experienced, you’ll definitely feel so broken, ashamed, and belittled.
As the number of
victims grew, lots of support groups are also making their move to save the
lives of the victims. Others pull them out of their houses, force them to leave
their work where they’ve been abused, or keep them until they recovered from
the incident. With those volunteers who are helping the nation, I am so sure
that there’ll come a day when victims aren’t hidden and criminals are jailed.
Another case is
robbery. It’s been a year since my boarding house was robbed. We never knew who
did that; who caused all the trouble in our minds while we’re at a team
building in Laguna. My friend, the one who lost important documents due to the
incident, has received a new copy of all the important data stored at that pink traveling bag.
In this
connection, I’ve heard lots of complains about police visibility. People have
been asking where the cops were in times of need. I hope you’ll also understand
that all those cops have families to come home to, and children that needs
their parents even before they fell asleep. We should understand that their
capabilities are limited, and they’re not superheroes with extra powers to
serve everyone simultaneously. While other cops aren’t doing their job
properly, others are trying so hard to maintain their good reputation for the
sake of their families.
A fan of the
People’s Champ? If yes, I know you’ve heard of the tax evasion case filed by
the BIR against him. At first I thought it was just a joke, but there were lots
of news that talked about it. Even his tax records at the US we’re also shown
through different media.
In my opinion,
there should be a thorough investigation before filling that case against him.
Everyone knows where he got all his wealth. It was the product of his
determination, tough trainings, and painful fight. He has lots of commercials, and
also released an album. They have a family business, too. I don’t exactly know
what was happening at the systems of BIR, but I am hoping that the case was
already closed. Well, hope it was in favor of the people’s champ.
Lastly,
defamation cases. I’ve heard lots of these in show business, where people have
been waiting for a celeb’s statement about issues and controversies. Well, even
ordinary people have been sued ‘cause of gossips and false accusations. The
worst thing I’ve known was the involvement of fiction writers in a libel case.
What?
Imagination is the
bread and butter of a writer. They create stories through their imagination. They
compose poems through their thoughts and ideas which are sometimes out of the
ordinary. They live in fantasies, assumptions, and creativity. Sadly, not
everyone could understand its sense.
According to my
researches, libel is “the act of publishing a false statement that causes
people to have a bad opinion of someone”1
So, the final
question is: “Could A Writer Be Liable for Libel in Fiction?”
According to Mark
Fowler, “You do not libel someone simply by depicting him or her in
fictional circumstances. Libel requires
a false and defamatory statement of fact "of and concerning" an
identifiable living person (or business entity). If real people are depicted in your work only
as engaging in acts they actually engaged in, there is no
"falsity." If real people are
depicted in your work only as engaging in acts that are not at all untoward,
there is no reasonable claim for that your work is "defamatory." (Of course, your model's view of whether he
or she has been held up to shame and ridicule may differ markedly from
yours.) Finally, if readers would not
understand the statements you are making about your fictional character to be
statements about a real person, then the statements are not "of and
concerning" that person.”2
“Again, don't
over-sweat this. Libel in fiction is an
infrequent problem and one that can be readily avoided with some advance
thought about how you are using real-life models for your fictional
characters. Far more challenging and
more common is the problem of reducing the risks of a defamation action arising
from a tell-all memoir”3
I guess that
would be enough to stop bullying those writers who were just doing their
hobbies, their jobs, and their journals. I’ve read too many stories and I
assumed they’re all about me. Well, I guess that’s because I can relate to the
character’s situation or characteristics. But in the end, I do understand that
it’s just a work of art. Just a work of their special intellect as a writer.
Cases are all
around us and sometimes, we can’t notice them. I’ve been ignoring my law class
when I was still in college, but I’ve learned one thing that we should never
forget. Law guides our nation, but then there’s always an exemption.
Thanks for
reading!
Love,
Huntress
Sources:
For further
reading:
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