Inlcuding hotels, businesses or public figures in a book - Australian guidelines

[Gaile Hughes]

Does anyone here in Aus know the guidelines for including hotels, buildings, restaurants and public figures in their story lines. If you include a particular restaurant that a character frequents or the name of a building eg Como Apartments South Yarra, do you need their permission.  Is there a formal process you need to go through ??? 

[Jessica]

If it's public domain, then no. However, if you defame them (when you write something that damages their reputation) then they have grounds to sue you. Even in fiction, which I know is strange, but it's true. Particularly when you write realistically. Public figures are especially sensitive to fictionalised versions of themselves, so be careful there! But if you're just mentioning them in passing or setting your story in a real place, then you don't need permission from the place in question.

[Gaile Hughes]

So, guess what you are saying is, that if my 'suspect' later turns out to be the killer, that it is better for him/her to be living in an anonymous apartment building/hotel rather than say the 'Como' Apartments/Hotel, as the current residents or management might take exception. Is there a website/book that outlines these issues for writers here in Australia?

[Jessica]

I reckon if they turned out to be living in the Como, then it wouldn't be defamation. Remember it's in the public domain, people have heard of them; I'm sure if you're writing fiction then people will understand that you're making things up. I'm not sure if there's any particular books or websites regarding this. If you're really worried, then you can double-check. But honestly, I don't think you're gonna have a problem!