Question:

What is the easiest way to stop publication of a book, legally?

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My father wrote a book that is emotionally devastating to his natural family. My step family wants it published. What is the best, most economically reasonable way to stop this book from ever going to print? The content is mostly untrue, although the step family believes every lie in it. They were not there, they just want the money.

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6 ANSWERS


  1. Take it to court.  Do you happen to be mentioned in it?  You have a right to take it to court if so.


  2. I guess the best thing to do is to send a notice (letter) to the editor telling him that lies are spread in the book that is about to be released. I guess, if you prove your identity and the potential threats this book can do to you and/or your family, the editor will take good advice of that fact and pause/stop the publication of the book. Simply because it can cost him more in court to defend him self than to lose revenues.

    Though, you should be quite prepared to prove your point and to "scare" him enough.

    If that doesn't work pursue the editor and your father! But that is a more costly option.

    In any case, you should take advices from a lawyer before taking action. Here in Quebec, we have the Charter of Rights and Freedoms that can help people in your situations. Is there any equivalence in your country? (I don't know where you are from so... I'm asking)

    In the Charter (see the source for the link), everyone should have the right to preserve his dignity and reputation and to save privacy of his life.

    That answer is far from being perfect but I hope it can help or inspire someone else to give another kind of answer.

  3. Sue him?

  4. The formal route would be to get an injunction from court to prevent publication. There would need to be a good reason why the book should not be published such as it is defamatory or that publication will be a breach of confidence. You should get advice from a solicitor, but the first thing to do would be to get an interim, or temporary, injunction to halt publication and allow a full court course on the issues involved. This, of course, assumes that you've tried to halt publication informally.

    You could always try writing to the publishing company with your concerns. It may be that they will decide not to publish if there is a risk of a law suit.

  5. If most of the content is patently untrue, you should and can sue them for libel. If you live in the US, it is illegal to print defamatory material that is not grounded in facts. The courts don't want to get in a "he said, she said" battle, however, so you darn well better have plenty of hard indisputable evidence such as photographs, a collection of letters, reputable oral testimony from community pillars, .etc .etc. Also, you should ponder whether you're not the one with blinders; perhaps everything that's being said IS true, and you just can't bring yourself to believe the allegations. Sorry, but that possibility must be laid out.

  6. If you are the u.s., you can't stop it.  The strongest line of first amendment decisions concern "prior restraint" of speech and it is simply not available in the u.s.   Once the book is published you may be able to seek damages if you are economically harmed by libelous false assertions of fact, but you cannot stop the publicatioon.  

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