In my last blog, I wrote about freedom of speech and how the US First Amendment gives its citizens the right to criticise their government but does not protect their right to defame someone. Also the First Amendment provide Authors with protections regarding what is known as ‘privacy rights’. The key often rests on whether or not the information being disclosed is in the public interest or not. In other words, writing about real people, even when you are writing your own memoir can be a tricky business. As the writer of a memoir you have a responsibility to your readers to be honest but what if that honesty conflicts with another person’s privacy? It’s one thing to expose yourself in the most open and intimate way but quite another thing when you expose others in the same way.

While it’s true that memoirs are personal, no one lives in isolation, so our stories inevitably involve others and while we may want to give an accurate account of something that has changed our life, others may not feel the same way, especially if the sstory exposes them in a bad light or digs up a past they want to keep buried. Memoirists sensitive to this issue often change character’s names and details that might identify other parties. There’s nothing illegal or immoral in doing this. Unlike biographies or autobiographies which are meant to give an accurate account of events as they occurred, memoirs examine an event in order to draw from it some lesson. This focus on the message gives authors license to change certain details. They may combine multiple characters into one to simplify the story or intensify the drama. They may change names and identifying details to protect someone’s privacy and also protect themselves from litigation. The sequence of events may also be changed or simplified as long as the account is not fabricated. That’s because the honesty of the memoir is more in the author’s insights or transformation than in an exact recounting of the event. That doesn't mean that the author shouldn’t do their best to get their facts straight, but readers of memoirs are more forgiving about details in a memoir than they are in other non-fiction writing. This is particularly true when it comes to stories based on childhood recollections because many of these events are not only unreliable, they are also unverifiable. In other words it is often up to the reader to determine how honest they believe the author to be.

For example, Frank McCourt’s book, Angela’s Ashes, deals with poverty and alcoholism along with love for a dysfunctional family. McCourt was sued several times by individuals who claimed that they were composite characters in his book. Even his mother is said to have called it ‘a pack of lies’ and some critics joined in by saying that McCourt had over emphasised his family’s poverty and yet, Angela’s Ashes is acclaimed as one of the best examples of a memoir. Part of its allure is the writing style which incorporates comedy and tragedy but ultimately, it is the triumph of the human spirit.

In a similar vein, Jeanette Walls’ Glass Castle opens up her family to public view as she gives an unflinching account of her upbringing. Like Angela’s Ashes, Walls’ book deals with overcoming a childhood plagued by poverty, alcoholism and neglect. Even more than Angela’s Ashes, the Glass Castle exposed her parents to accusations of child neglect and abuse and yet the story is not vindictive. It’s a honest portrayal of life with unconventional parents and one Wall’s mother encouraged her to tell. It was his support from her mother that gave Walls the courage to write so candidly and oponly about her early life but how much approval and support do authors need from those featured in their memoir? The memoir is, after all, your story.

There are several steps memoirists should take. Getting the facts right is the first. If you portray your father as an alcoholic it might be wise to ensure you have some proof. Even then, it may be wise to give an advance copy of your memoir to interested parties to see if they have any objections. I know of an author who wrote about an ex-husbands infidelities. Although he had since passed away and his escapades occurred over 25 years ago, his family insisted that she change his family name, which she had dropped after their divorce. Wisely, her editor and lawyer insisted she get written approval for the final copy.

But how far from the facts can an author go in order to avoid potential law suits. In the extreme, the memoir could be a total fabrication in which all the characters, including the author, are fictional. Privacy laws may not come into play but that doesn’t mean that there aren’t other ramifications. Lauren Stratford managed to write not one but two totally false memoirs. One, Satan’s Underground, written under the pseudonym of Laurel Rose claimed that she had been raised in a satanic cult. The other, written under the name Laura Grabowski, claimed that she was a holocaust survivor. Another high profile false memoir is one that I confess I fell for, along with many others. It was a book called The Blood Runs Like A River Through My Dreams by Timothy Barrus. It was an award winning book that turned out to be pure fabrication. But more than fabricating a story, Burrus was accused of appropriating the Navajo culture which he was never part of. While there was talk of the Navajo nation suing Burrus for cultural appropriation, I don’t think any suit was raised and in general, memoirs shown to be fabrications are not illegal. They are simply frowned upon and sometimes quite publicly. A case in point is James Frey’s memoir, A Million Little Pieces. The book was selected for the Oprah Winfrey book clubs but when it was found to contain falsehoods, Oprah had the author and publisher back on her show for a public scolding.

So how does the memoirist navigate the murky waters of being both aware of the privacy of others and the requirement to tell the story as truthfully and objectivly as possible? Perhaps the solution is to apply the same tenants as good journalism.

The first tenant is truthfulness. As mentioned above, a memoir doesn’t need to be the literal truth, but it does need to be honest. If you are writing a memoir to get even with someone or seek attention, there’s a high probability that truthfulness will be secondary so check your motives. The memoir is about what you have learned, not a vehicle for revenge or narcissism.

The second tenant is accuracy in regards to the important facts. Memories are rarely accurate so like any good journalist, check your facts. This may involve consulting with others or stating in your memoir that what you are relating is your memory of the events. Never state as actual fact, something that is subject to interpretation.

And finally, memoirists, like journalists, have to take into consideration ethical constraints. It’s important to weigh up the negative effects against the importance of full disclosure. This requires a certain objectivity that must be applied to what is, undoubtedly, a subjective account. Most editors will suggest that the memoirist employ beta readers to help identify questionable aspects of the writing and possibly even seek legal advice.

If you are writing a memoir, I highly recommend that you go to the Authors Alliance (authorsalliance.org) and read their document called Writing About Real People.