TL;DR
Authors face the risk of libel lawsuits when creating fictional characters based on real people. The 'small penis rule' is a strategy where authors depict characters with small penises to avoid being linked to real individuals.
✦ Why It Matters
Understanding the small penis rule can help authors navigate potential legal issues in character creation.
Key Takeaways
Full Summary
Libel lawsuits can arise when authors create characters that closely resemble real individuals, leading to potential legal repercussions. The 'small penis rule' is an informal strategy suggesting that if a character is described as having a small penis, it becomes difficult for anyone to claim the character represents them.
However, legal scholars like Professor Michael Conklin argue that this approach may backfire, as the statement itself could be considered defamatory. In notable cases, such as the dispute between journalist Michael Crowley and author Michael Crichton, the rule was invoked when a character was created with unflattering traits.
Additionally, British writer Peter James used this tactic in his novel to mock a fellow author. While the rule may deter some from pursuing legal action due to embarrassment, its effectiveness in court remains questionable.
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