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I recently found out an ex from 6 years ago recently published a book detailing all their past relationships leading up to their present wife. My friend read it and instantly knew when they were writing about me in it.

Half of the book was dragging me as a person through the mud and making me come off as a malicious disgusting person. It went into deep details about my life that I keep private from almost everyone. It states in the description that the book is based off of true events. The book depicts a lot that is not true. They also describe personal details and delve into weird things about me in general, some true, a lot fake. Do I have a legal ground to go against it?

My friend who read it agreed that anybody who reads it would be able to figure out who I am just by a quick search of the person's social media. I feel anxious and just don’t know what to think about it all, I was never asked for permission for my life to be in this book

Ben
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Jynnard
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4 Answers4

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I recommend that you consult a lawyer.

Depending on the jurisdiction, possibly several of your rights have been infringed upon:

  • your right that private facts about you remain undisclosed
  • your right not to be depicted in a false light
  • your publicity rights, i.e. your rights to the commercial use of your likeness and life story

I would act quickly so the distribution of the book can be stopped or limited. Depending on what is said in the book, later financial recompenses might not be able to undo the damage to your public image.

F1Krazy
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Ben
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You might have a case for libel against the publisher if a reasonable person would recognize that you are the individual being written about in the memoir and the assertions are false and the statements are knowingly or negligently false — meaning they lied or failed to make a reasonable effort to determine the truth of the author’s claims.

If the author self-published then you’d be suing the author.

You’d have to contact a lawyer to assess your particular situation. They can advise you on the costs of pursuing the suit and the remedies you could seek. If you are not in the public eye, the standard of proof is lower but so are the settlements compared to people in the public eye.

EDL
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Be aware that a defamation case may have a lower standard of evidence than a criminal case, depending on your jurisdiction. There have been two high-profile defamation cases in Australia recently, which appear to have damaged the reputation of the person who brought the suit, and incurred considerable legal costs: see here and here. Depending on the jurisdiction, your ex might not need to prove their claims beyond reasonable doubt. I recommend that your talk to a lawyer you can trust, i.e. not an ambulance chaser.

Simon Crase
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I feel certain that the legal issue would involve whether your name could be deduced from just the book alone. I suspect it isn't.

If you have any cause for action, I would imagine it would be the linkage on Facebook between you and the character in the book. That linkage would comprise an assertion by him that you actually did the things that the character did.

Miss Understands
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