Defamation is a communication from one person to at least one other that injures the reputation of an identifiable third person, in circumstances where the communicator has no legal defence. The law of defamation aims to balance the right of free speech with protecting an individual’s reputation against harm.

If you are writing a work that includes real people, defamation is an issue that you must consider, even if you have chosen to fictionalise the work or re-name the people involved. While you generally cannot defame dead people, and justification is a defence against defamation (provided you can prove the veracity of your work), it is still essential that you seek legal advice, as defamation is a complex area of law.

If you are publishing traditionally, your publisher will assess the content and if they have any queries they will commission a legal reading and then further assess the risks involved in proceeding to publication. If the lawyers recommend changes that must be made to the work and you fail to make those changes, this will likely lead to termination of your agreement.

If you are self-publishing, it is critical that you seek legal advice, as you will be solely responsible if someone featured in your book decides to take action against you. You should start with Arts Law, but you may also have to consider paying a lawyer in private practice for a full legal opinion, which can be expensive.

For further reading, Arts Law publishes an Information Sheet on Defamation Law.

Indigenous cultural material is owned by Aboriginal and Torres Strait Islander peoples and consultation and consent is required before you use, publish or adapt this material in your work.

If your writing or art will incorporate Indigenous Cultural and Intellectual Property (ICIP), you must have regard to industry protocols. We strongly encourage all writers and illustrators to read our resource: More Than Words; Writing, Aboriginal and Torres Strait Islander Culture and Copyright in Australia for guidance on ICIP best practice. This guidance is essential reading if you:

• are writing about Aboriginal or Torres Strait Islander peoples’ issues
• creating Aboriginal or Torres Strait Islander characters
• incorporating in your work Aboriginal or Torres Strait Islander knowledge, traditional stories, ceremonies, language or song
• re-telling stories that contain ICIP
• using Aboriginal or Torres Strait Islander iconography, designs or artwork in your work
• using resources or research materials that contain ICIP or refer to Aboriginal or Torres Strait Islander peoples (eg. archival materials at the state library)
• collaborating with or collecting information or knowledge from an Aboriginal or Torres Strait Islander knowledge holder or community

A sensitivity reader is a beta reader who will read your manuscript with a critical eye to spot stereotypes, offensive language, cultural inaccuracies, misrepresentation of marginal groups, bias or archaic or historically inaccurate assumptions. Sensitivity readers are increasingly being used to read fiction work where the writer is writing from a perspective with which they are not personally familiar (for example a white straight male writer writing from the perspective of a black queer female). Sensitivity readers are not intended to stifle freedom of expression but raise your awareness not only of any unconscious bias or mistakes, but of how your work will be received.

Your publisher might suggest your work be read by a sensitivity reader. Or, you might decide that you are writing outside your lived experience or professional expertise and need a sensitivity reader to review your work for authenticity and accuracy. Like an editor who points out cliches in your writing, a sensitivity reader ought to challenge you to bring nuance and complexity to your work.

To find a sensitivity reader, you can search in the ASA’s Guide to the Australian Book Industry 2023-24, which you receive for free when you renew your membership or join the ASA in 2022. Alternatively, speak to your publisher or contact the Institute of Professional Editors.