Why do writers write?
Because we have something to say. Our lives and experiences give us knowledge and ideas for stories that we want to share with those who want to read them. As writers we are aware that just as there may be many who like what we write, there will be just as many who do not. The beauty of all of this however, is that no one is forcing anyone to read what we write. So if you don't like it, stop reading it. No one is holding a gun to your head. But - and there's always a but - there will also be those who feel that they need to argue with you and your words. Those who feel they have the right to forcibly censor you for no other reason than the fact that they do not like or agree with your words.
Now, if you are a journalist or fiction writer who is using actual names of individuals and spreading lies or vicious rumors that are completely unsubstantiated you should probably rethink what you are allowing to be published. But then again, walk into any grocery store and pick up the weekly tabloid and all you'll see are lies and rumors about famous individuals. So even in those cases, writers have a lot of freedom and rights regarding what they submit for publication.
But - yes, another but - there will also be those who may try to find ways of forcibly censoring you with false accusations and charges. It's unfortunate and extreme but it happens. So, to begin...
What is harassment?
According to the Canadian Human Rights Commission (which is where I live) it is a form of discrimination. It involves any unwanted physical or verbal behaviour that offends or humiliates you. Generally, harassment is a behaviour that persists over time. Serious one-time incidents can also sometimes be considered harassment.
Harassment occurs when someone:
- makes unwelcome remarks or jokes about your race, religion, sex, age, disability or any other of the 11 grounds of discrimination.
- threatens or intimidates you.
- makes unwelcome physical contact with you, such as touching, patting, pinching or punching, which can also be considered assault.
What is slander?
The legal definition of slander is defamation by oral utterance rather than by writing, pictures, etc.
What is defamation?
The act of defaming; false or unjustified injury of the good reputation of another, as by slander or libel; calumny.
What is libel?
The legal definition is:
a. defamation by written or printed words, pictures, or in any form other than by spoken words or gestures.
b. the act or crime of publishing it.
c. a formal written declaration or statement, as one containing the allegations of a plaintiff or the grounds of a charge.
The same for the above legal terms. You need to be naming someone specifically, you need to be writing and publishing articles and/or stories that include discriminatory language against the specific person and the individual needs to be able to show in a court of law how they have been injured by your published words. Injury can include ruin of the individuals reputation through the media which has caused them to loose their job or somehow cause a lose of wages which can be tracked directly to your publications. Injury to one's reputation is hard to prove, but possible if it has cost the individual in a physical way that can be presented in court.
Injury can also include any publications of unsubstantiated lies or vicious rumors that defame the individual in the public eye regardless of any monetary lose. An example would be publishing that someone committed a violent crime when in fact they had not. This is why journalists are so vigilant on checking and double/triple checking their sources. Another example would be spreading rumors about someone's activities (say at a party or bar) that are purposely used to humiliate the individual, regardless if the statements are true. These can be grounds for being charged with libel or defamation of character.
So with all of that said the laws are pretty clear on what is and is not reputable in the media. As a writer you learn very quickly that your words can really piss someone off. It's our right to be able to publish what we choose. We each have the freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication. Some may not like that we have this freedom, but they have this same freedom which allows them to voice their opinion within the legal system and file any charges (false or not) within that system. Of course, if someone's actions and consistent trouble making actually causes us as writers our wages due to false charges that cause censorship unnecessarily - we have a legitimate case against them.
We can't please everyone, and as writers we usually don't try. It's literally an impossible task. So we put up with the trouble makers and enjoy the fans in order to write for the public. We shouldn't have to be scared of what others will say or do if we are being responsible in our writing and staying away from the kinds of writing that can actually get us into a lot of trouble. Some may try threats and scare tactics but we have a right to express ourselves freely.
I write based on my personal experiences and dramas that go on in my life in regards to health and parenting. The people around me give me a ton of ideas and inspirations for articles. I literally have pages of possible topics. Do I write anything that could be used as libel against me or seen as defamation of character - no. Do I purposefully attempt to humiliate anyone in my writing - no. Do I spread lies and vicious rumors - no. Do I voice my opinions - yes. Can those who read my articles get an idea of some of the experiences I've had in my life - yes. Am I going to continue writing - yes.
I enjoy writing, I enjoy learning, I enjoy sharing my experiences and knowledge in the hopes of helping someone else out there. I have a right to express myself and I use that right. I hope that my current experiences and information I've listed can help someone else out there who may not know what is and is not acceptable to publish. But if all else fails, have a professional editor and/or lawyer review your submissions for any possible legalities. Happy writing!
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