We probably just need to fix loopholes in slander and libel laws and give common people more power to enforce them without making it a huge financial risk. People realized many many years ago how people's names come be abused and drug through the mud and created a recourse for it.
Changing someone's name just a bit or creating fictional characters you can copyright that everyone knows is a substitution or can find the substitution if they're interested in linking the fictional depiction to the real depiction is just a loophole around slander and libel, which the author points out with Damien Matthews or whatever in the example. Completely legal and now you have artistic freedom to reshape the story however you want. The person with the most resources to fight legally typically wind here.
Throwing some disclaimer line in like "this is no based on actual people or events" or whatever seems to give far too much of a liability waiver. It's really just plain wrong and the author makes a great point about naming an event and agency. Branding is very powerful and can create subconscious links that otherwise shouldn't exist. Naming is a bit tricky though because you often pick an easy memorable name to associate with something. Naming sort of act like a hash map with collision handling in my brain.
When I see Bill Clinton's name or "Clinton" a whole slew of thoughts and memories link to that name or phrase and it can be difficult to determine what someone says. When you say Monica Lewenski's name on the other hand, she acts as a memorable unique identifier to the event, unfairly to her. I know exactly what you're talking about and I know about Bill, power differentials at play, and so on but the name needs to be unique and memorable in language. As the author points out, this naming convenience comes at a cost to those who might get improper associations for responsibility, so it's complicated. I think we should strive for branding that leaves out names where possible. Watergate seems like a great branding job, I immediately know it's Nixon and it doesn't dissolve him of any responsibility. Should the facts change and I read about Watergate later, say it was Deepthroat actually responsible somehow, the name Watergate name still exists and associations of responsibility in the future can change. Abstract your branding to avoid finger pointing.
The libel and slander laws in the U.K. different than in the U.S. [0]:
> "English laws are much more favorable for someone looking to protect their reputation," says Jenny Afia, a lawyer in London who often represents people making libel and privacy claims.
> In American courts, the burden of proof rests with the person who brings a claim of libel. In British courts, the author or journalist has the burden of proof, and typically loses.
> "So you've got the rich and powerful shutting down and chilling speech which is critical of them," says Stephens.
Changing someone's name just a bit or creating fictional characters you can copyright that everyone knows is a substitution or can find the substitution if they're interested in linking the fictional depiction to the real depiction is just a loophole around slander and libel, which the author points out with Damien Matthews or whatever in the example. Completely legal and now you have artistic freedom to reshape the story however you want. The person with the most resources to fight legally typically wind here.
Throwing some disclaimer line in like "this is no based on actual people or events" or whatever seems to give far too much of a liability waiver. It's really just plain wrong and the author makes a great point about naming an event and agency. Branding is very powerful and can create subconscious links that otherwise shouldn't exist. Naming is a bit tricky though because you often pick an easy memorable name to associate with something. Naming sort of act like a hash map with collision handling in my brain.
When I see Bill Clinton's name or "Clinton" a whole slew of thoughts and memories link to that name or phrase and it can be difficult to determine what someone says. When you say Monica Lewenski's name on the other hand, she acts as a memorable unique identifier to the event, unfairly to her. I know exactly what you're talking about and I know about Bill, power differentials at play, and so on but the name needs to be unique and memorable in language. As the author points out, this naming convenience comes at a cost to those who might get improper associations for responsibility, so it's complicated. I think we should strive for branding that leaves out names where possible. Watergate seems like a great branding job, I immediately know it's Nixon and it doesn't dissolve him of any responsibility. Should the facts change and I read about Watergate later, say it was Deepthroat actually responsible somehow, the name Watergate name still exists and associations of responsibility in the future can change. Abstract your branding to avoid finger pointing.