If I get sued it would stink

March 4, 2010 5:44 PM

YANML filter: Will I get sued for publicly saying a true fact about a somewhat known actor?

I met an actor a couple years back and, to be honest, he had TERRIBLE body odor. Just awful.

I am now doing a podcast about one of this actor's movies and during the course of the conversation I bring up this fact. I don't dwell, I don't embelish, I just mention that the actor had a strong smell and I wished he'd wear deoderant.

Can I get sued for saying this? I know the defense against libel is the truth, and there were others with me who will back up this smell...but honestly I don't WANT to have to defend myself in court for a quick comment on a podcast.

posted by anonymous to Law & Government (16 answers total)

I know the defense against libel is the truth

This is not the case where I live, in NSW. It may not be the case where you live, and you really need to find out about the specifics.

Also, if the actor lives in Australia, even if you don't, be very careful.
posted by Fiasco da Gama at 5:48 PM on March 4, 2010 [2 favorites]

You can be sued for anything.
posted by torquemaniac at 5:55 PM on March 4, 2010 [1 favorite]

the defense against libel is the truth

This is true in the US, not true elsewhere. Your jurisdiction matters. That said yes, people can sue you for anything. So, as with anything, you'll have to evaluate your own risk tolerances. My guess is that no one is going to bother you about an offhand remark about a famous person's smell unless that person is a known litigious pain in the ass.
posted by jessamyn at 6:07 PM on March 4, 2010 [4 favorites]

If he's on this list then it's probably old news.
posted by Joe in Australia at 6:16 PM on March 4, 2010 [1 favorite]

...but honestly I don't WANT to have to defend myself in court for a quick comment on a podcast.

Then remove the comment. Other than having mild curiosity and major invasion-of-privacy factor, it's really rather meaningless information. The guy's an actor who 99.999 percent of humanity will only ever experience in some mediated context (movie, TV, etc) where aroma simply doesn't play into it.

Everyone knows it's either Brad Pitt or Russell Crowe anyway.
posted by philip-random at 6:41 PM on March 4, 2010 [1 favorite]

You can be sued for anything.

How serious are you about podcasting? You may need a lawyer to outline for you, the boundaries you have between free speech and lawsuit-land.

Regardless I think it's possible that the actor's lawyers can create a war of attrition against you, that his lawyers and his deep pockets can threaten you, perhaps even drag you into court ... even if they know they can't win. If they have more resources than you, then they can "win" by grinding you down and expending your resources.
posted by thermonuclear.jive.turkey at 6:48 PM on March 4, 2010

This seems so likely to just slip under everyone's radar - though I guess that depends on how popular your podcast is - that it's tempting to just tell you to relax. I think jessamyn's advice is quite right, however: given the very different approach other countries take on this issue, this mostly comes down to how risk-averse you are personally. Here's a partial list of libel law in other countries to give you some better idea of the different standards (sorry, only the Google cache version seems to be available).
posted by Pontius Pilate at 6:49 PM on March 4, 2010 [1 favorite]

You are asking if a person you have not identified is going to sue you for a comment in a podcast of unknown popularity involving potentially multiple unknown jurisdictions.

This is not an answerable question by any stretch of the imagination.
posted by toomuchpete at 6:50 PM on March 4, 2010 [1 favorite]

Agreed. If you say it, you run a risk no matter what, we just can't estimate it. If you are at all worried about this, take the comment out.
posted by jenfullmoon at 6:54 PM on March 4, 2010

I know the defense against libel is the truth

This is not true in New Zealand.

Also "smells bad" is not really an objective metric. "Tom Cruise is short" at least has some sort of standard (you can measure him next to the average US male); "XXX smells bad" is pretty subjective (Bonus points if you're talking about someone of a different ethnicity and get labelled a racist).

I am now doing a podcast about one of this actor's movies and during the course of the conversation I bring up this fact.

I really struggle to see the relevance to the movie. Sounds malicious and gossipy - which may well feed into trouble for you.
posted by rodgerd at 11:32 PM on March 4, 2010 [2 favorites]

Isn't there a difference between saying a public figure smells or has bad teeth or eats funny, and saying a public figure once stole a Rolex or kicked a dog or plagiarized a thesis paper in college?

I can't imagine someone filing a lawsuit and bringing people into court, all because he felt he was being defamed as a result of a podcast saying he smelled bad. And I think doing that would be even more embarrassing than the anecdote itself.

If this is someone like Brad Pitt, there's probably bigger media outlets he'd target first anyway. And there are much worse things that get thrown about as far as celebrities go anyway, and no one gives them a second thought.

So other than the funk, what was this actor like?
posted by TheSecretDecoderRing at 12:08 AM on March 5, 2010

I think you are overemphasizing in your mind how much people will actually care. Well, people except the person you're talking about.
posted by Civil_Disobedient at 3:38 AM on March 5, 2010 [1 favorite]

Also, if the actor lives in Australia, even if you don't, be very careful.

This only matters if you have assets within reach of the Australian legal system or that of any other libel tourist destination.
posted by one more dead town's last parade at 4:16 AM on March 5, 2010

Separate from the legal question, why would you *want* to bring it up. I mean, that's quite a douchebag move, unless it's somehow materially important to your podcast. Or maybe I'm just old fashioned and haven't caught up with being comfortable shitting on someone just because they're a public figure.
posted by kjs3 at 7:41 AM on March 5, 2010 [1 favorite]

It seems to me that this is Kathy Griffin's entire act. Maybe she spends all her off-stage time in courtrooms or half her income goes to lawyers or something, but if it were really that painful to say unpleasant things about well-known people she'd have stopped by now.

Also, in terms of targets of lawsuits, it seems to me that her, Lisa Lampanelli, and several others would be more likely targets than Some Guy With A Podcast #257.

I'm just some guy, though, and agree with the "why even bring it up" crowd.
posted by chazlarson at 8:55 AM on March 5, 2010 [1 favorite]

Yes, truth can be a defense to libel, but can you prove that it's true that this guy had BO? Granted, the media can get away with a whole lot these days thanks to all the privileges, and First Amendment claims, but just something to keep in mind.
On the other hand, are you worth suing financially? Would the actor be so concerned about his reputation that he would spend the money to sue a podcaster for saying he was smelly when he may not have the best chance of winning?
IANAL, blah blah.
posted by ishotjr at 7:22 PM on March 5, 2010