To avoid defamation and invasion of privacy issues in your film under U.S. law, follow these steps:

• . Avoid Defamation

To avoid defamation and invasion of privacy issues in your film, it’s crucial to verify facts. Ensure all statements about individuals or organizations are truthful or based on verifiable facts. If portraying real people, avoid false claims that could harm their reputation, as seen in Rebel Wilson’s defamation case, where producers faced lawsuits over false social media statements. Additionally, obtain signed releases from interviewees or subjects, allowing you to use their likeness and statements, which helps prevent unauthorized use claims. It’s also important to distinguish between opinion and fact; while opinions are protected under the First Amendment, misrepresenting speculation as fact can lead to legal trouble.

•  Prevent Invasion of Privacy

To avoid issues with invasion of privacy in your film, make sure not to secretly record or film people in private settings without their consent, as this can lead to legal liability, as seen in the Sanders v. ABC case involving hidden workplace recordings. Also, avoid sharing private information like medical records or personal relationships without permission, as this could result in lawsuits for breaching confidentiality. Lastly, be careful not to portray individuals in a misleading or distorted way that could harm their reputation, such as misrepresenting a family as “messy” or “poor,” which could lead to liability for creating a false impression.

• Key Legal Safeguards

To effectively manage sensitive content, it is crucial to obtain written releases from all participants, clearly explaining what they agree to, such as editing and distribution. Using disclaimers like “Based on true events” or “Dramatization” can help clarify fictionalized parts in docudramas. Finally, it is essential to edit carefully to avoid deceptive editing, as seen in the criticism of Rebel Wilson’s case, although it was not considered actionable.

• State-Specific Rules

California has strict privacy laws that allow individuals to sue for trespassing or filming with malicious intent, with potential damages tripled in such cases. Even public figures, who generally have fewer privacy protections, retain some rights under these laws. In defamation cases, public figures face a higher burden of proof, needing to demonstrate “actual malice”—that false statements were made knowingly or with reckless disregard for the truth. In contrast, private individuals can sue for false statements that harm their reputation without meeting this higher standard.

• Consult Legal Experts

Working with an entertainment lawyer is essential for reviewing scripts, contracts, and releases to ensure legal compliance and protect intellectual property. For documentaries, filmmakers can consider the fair report privilege when covering public proceedings like court cases, but it is crucial to maintain accuracy to avoid “republication liability” for spreading false or defamatory statements.

By focusing on factual accuracy, transparency, and obtaining consent, you can significantly reduce legal risks while still creating engaging and compelling content. Ensuring that your information is accurate helps prevent defamation and other legal issues. Being transparent about your sources and methods builds trust with your audience and can protect you from claims of deception. Additionally, obtaining consent from participants ensures that everyone involved is aware of how they will be represented, which can prevent privacy and defamation claims. This approach not only safeguards your project legally but also enhances its credibility and appeal.