Q: Legal considerations of sharing fanfiction depicting sensitive topics on AO3 including real people like celebrities.

A: Fictional stories that depict abuse or underage sex are generally constitutionally protected speech. This even applies to real person fiction. Of course the ethics of writing fiction that a real person might read about themselves, particularly if they are a minor, are a separate issue. Visual materials are much more likely to be found to contravene federal obscenity law. The criteria are that the work, taken as a whole, it appeals to prurient sexual interest, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value. This has seldom been found for written works, and never for those published non-commercially.

A: You need to be very careful with the kind of content you describe, because federal law treats depictions of child sexual abuse material with extreme seriousness, even if the content is fictional. Written stories that involve children in a sexual context can still be considered illegal under obscenity laws if they meet certain standards. The risk is not just theoretical, because courts have recognized that even fictional depictions can fall within prohibited categories depending on how explicit and exploitative they are.

When the writing involves real people, especially celebrities, the legal risks expand. Even if the individuals are adults, using their names and likenesses in sexually explicit stories could raise issues of defamation, invasion of privacy, or violations of their right of publicity. Celebrities may be more likely to push back legally if they feel the content damages their reputation or commercial value. While parody and transformative expression can sometimes provide defenses, sexually explicit material with real people tends to create higher risk of legal action.

For fictional characters or original creations, the main issues are copyright and obscenity, but when real people are involved, you step into an even more complex area of law. Platforms like AO3 may host a wide variety of fanfiction, but that does not guarantee legal protection for individual authors. If you plan to continue writing, it is safest to avoid minors in sexual contexts altogether and to think carefully about how you use real people’s names or likenesses, since those carry distinct legal risks beyond the content itself.