Legal Question

donalh087

What is the legal situation about writing a play about a real person who is still alive - for example the iKeano play?

Do you need their permission? What is the line between joking and libel?

Could one, for example, write a play about Bertie Aherne?

Brian Lighthouse

Is "Ikeano" about Roy Keane?

I don`t think so.

The play is set in a fictitious land with fictitious elements all loosely based around the Saipan story. While the Saipan story is true, we know it is, the play never refers to any incidence of that story.

Anglo the musical has had to re-write some elements as there is an investigation underway. The reason for this is should a case arise from the investigation, under sub-judice laws any resulting trial could be prejudiced. Every one has the right to the presumption of innocence until proven guilty.

If you were to write a play about a real life character you would need to base it loosely on a true event. You can`t defame someone if what you write about is true.
Then again where is the evidence that it is true? In the Saipan story people are on record discussing what happened there.

I feel that if a play could be written in the manner you discuss it would have already been done. Don`t let that stop you, but, beware.

EileenG

It's the same legal position as writing a newspaper or magazine article about a real person. You do not need their permission to write about.

However, you have to be sure that whatever you write could not be considered libel. And sometimes this is harder in a piece of fiction than if you are writing a hard-hitting investigative piece. It's mind-boggling what some people will consider had defamed them in some way, and once it's published, they don't have to prove loss, only that it was defamatory.

To be on the safe side, I would not write a story about a real person, not unless you were writing it with their permission. But feel free to introduce real people as walk-on characters as long as they don't do or any anything which could get you into trouble.

As an example, if you decided to write a play about Bertie, and showed him accepting bribes, you'd be open to a massive libel suit. But if you wrote a play about a fictitious TD who took bribes and Bertie occasionally said hello to him in passing, you're safe.

donalh087

Thanks BL.

Clearly iKeano is a parody on events in Saipan and I think it is probably easier to get away with parody and joking (unless you are Paul Galvin!).

I think you run into a stickier area when you dealing with fact. If, for example, you were to write something about the EU-IMF bailout night with Brian Lenihan, Cowen, McWilliams etc. would you need to be word perfect?

donalh087

Thanks EileenG

That was the answer I was afraid of. The characters I am writing about are clearly identifiable and the plot was to begin in a real situation but to evolve into a clearly fictitious situation. E.G Cowen and Lenihan segueing into Cesar and Brutus, something like that where Lenihan stabs Cowen (literally).

It probably is too flakey an area - which is a shame considering I have 3500 words down!

Brian Lighthouse

Donal, I wouldn`t go there myself. How do you know what was said in the room that night?
Eileen gives good advice.

I could be wrong but if you are basing your play on events that were reported in the media, I would stay clear of the topic.
A lot of media reports on those topics are reports of what was said in the Dáil under privilege.
For example:
A TD could call another TD a liar in the Dáil, what was said can be reported in the media. However if a TD called another TD a liar on the steps of Dáil Eireann then that accusing TD would have to defend themselves in court. Along with any media arm that reported it.

Here is the law for you:
http://www.irishstatutebook.ie/2009/en/act/pub/0031/index.html

It`s reasonably clear. (I hope)

EileenG

donalh087 wrote: »

Thanks EileenG

That was the answer I was afraid of. The characters I am writing about are clearly identifiable and the plot was to begin in a real situation but to evolve into a clearly fictitious situation. E.G Cowen and Lenihan segueing into Cesar and Brutus, something like that where Lenihan stabs Cowen (literally).

It probably is too flakey an area - which is a shame considering I have 3500 words down!

You might be able to use what you wrote, as long as you changed names and situations enough that no Irish gob****e could argue that he could be identified.

Change the name, put your story in outer space and you might get away with it.