Does a disclaimer in fictional works provide absolute protection from a libel lawsuit?

Wednesday, January 19, 2005

A disclaimer can assist a publisher and/or an author in defending against a libel suit but it does not necessarily provide absolute protection. Courts have stated that the test is not whether a publication is labeled as fiction but whether it can be interpreted as stating actual false statements of fact about someone. That said, it is a good idea to include a disclaimer. It can be a relevant factor that a court may consider in its analysis.