Almost all book contracts and a significant number of contracts for freelance newspaper and magazine articles contain a provision called indemnification. The biggest problem has to do with libel, i.e. the claim that you caused harm to a person's reputation by what you wrote about him or her. Claims can also be made for invasion of privacy, infliction of emotional distress, copyright infringement and numerous other perceived wrongs. Those who do investigative reporting or write celebrity biographies, for instance, run a higher risk of being sued, but given the litigious nature of our society, just about every kind of writer is potentially susceptible to a suit of some sort. Very few writers are actually sued for libel or face these other kinds of claims, but a larger number are threatened with such legal action.
Many writers engage in self-censorship because they worry about the possibility of being sued.
A handful of writers have faced financial ruin because of a lawsuit. A. Ideally, we shouldn't. The NWU's basic position is that it is unfair for writers, given our limited means, to assume this burden. Publishers retain lawyers to review book manuscripts and periodical copy, and writers are frequently asked to make editorial changes to satisfy concerns raised by these lawyers. If, in spite of this legal review, someone sues, writers should not have to pay for the defense.