The “Small Penis Rule”: A Writer's Trick Against Defamation Suits

A Wikipedia article devoted to the so-called “Small Penis Rule” — an informal term from U.S. publishing practice — has gained notable traction on the Hacker News forum.

The rule refers to a device writers use to guard themselves against defamation suits when a character in a work of fiction resembles a real person a little too recognizably. The trick is to endow such a character with a frankly unappealing or humiliating trait — one so personal that the real-life prototype would hardly want to publicly acknowledge the resemblance and file suit, thereby confirming that the work does indeed describe none other than himself.

Despite its comical phrasing, the term is regarded in legal and literary circles as a perfectly serious risk-management tool in the preparation of fictional texts based on real events or people.

The post prompted a lively discussion on Hacker News: the material gathered 122 points and 62 comments, pointing to keen audience interest in the intersection of law and literary creativity.

The topic's history is telling in how narrowly specialized legal practices sometimes become the object of broad public curiosity thanks to an apt and memorable turn of phrase.

Source: Hacker News