Summary
- Depicting real people in films and TV shows can lead to defamation and libel lawsuits, even if names are changed or pseudonyms are used.
- Public figures have a harder time winning defamation lawsuits because they must prove "actual malice," which is difficult to establish.
- Several high-profile films and TV shows have faced lawsuits over defamation and false portrayal of characters, but outcomes have varied.
With the news that one of the real people depicted in Dumb Money is threatening legal action against the film, it’s worth looking back on some of the biggest true story projects to face defamation and libel lawsuits. Cinematic dramatizations are always legal minefields. If a film depicts a real person, or even features a character closely resembling a real person, it’s vulnerable to lawsuits. While many true story films try to stick as closely to the facts as possible or change the names of the real people they’re portraying, this doesn’t guarantee protection.
While films and TV shows enjoy some First Amendment protections in the United States, they must still tread carefully. Even when pseudonyms are used, a real person has a case so long as the film or TV character is obviously meant to represent them. However, if the person being depicted is a public figure – someone who has, for example, published books or appeared prominently in the press – then they must prove that the film or series acted with “actual malice”. Generally, actual malice is hard to...
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