New York, NY asked in Internet Law for Indiana

Q: Can you get sued for telling a story but leaving out other persons name?

If I do a TikTok video series about interactions with someone but do not use their name, can I get sued?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: Even if you leave out someone's name in your story, it's still possible to face legal challenges if the person can be identified through the context or details. Defamation, invasion of privacy, or misrepresentation are potential grounds for a lawsuit if the content is harmful or invasive. The key is whether the story damages someone's reputation or reveals private facts, regardless of naming them.

When creating content, consider how your stories could impact others. It's important to balance freedom of expression with respect for privacy and truth. Ensure your stories do not contain false information or excessively personal details that could lead to someone being identified and harmed.

Before posting, review your content critically and consider how you would feel if the roles were reversed. If in doubt, you might want to seek legal advice or adjust your content to minimize potential risks. Remember, staying respectful and truthful can help mitigate the risk of legal issues.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: Yes, if the statements can be shown as implying that the subject was a particular person, based on surrounding facts, descriptions, etc., it's possible such a person could raise a claim for defamation or invasion of privacy - the settings can be fact-intensive. Good luck

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