Free Expression And The Law In Fiction Writing In 2024

Writing Fiction ~ A Woman Writing On The Paper

Fiction Writing – Introduction

As a fiction writer, I constantly juggle the balance between expressing myself freely and presenting my work in a way that avoids unnecessary criticism.

Recently, during a discussion in my writing group, this balancing act became very clear to me.

While I firmly believe every writer should feel free to write their truth—whether it’s drawn from real-life experiences or pure imagination—there’s always a catch. No matter how carefully I put forward my ideas (my work), someone is always going to have something to say about it.

In this post, I want to explore the importance of free expression, the need for mindful presentation, and how criticism is inevitable , no matter what.

Fiction Writing Debate

This topic came to mind after a recent debate in my writing group.

One of the fiction writers had a story where a real estate agent inspected a tenant’s house without the tenant being present.

Another fiction writer argued that this scenario would be illegal in real life and therefore shouldn’t be included in the story.

This sparked a heated debate.

I tried to explain that the event could happen in the real world and does and that people break rules and the law often.

The author of the work said it was a work of fiction and he could do what he liked.

The debate ended on good terms as a good critiques should. No-one died.

This debate got me thinking.

Should we, as writers, be bound by what’s legal or realistic?

Or are we free to explore situations that might not always follow the rules?

For me, the answer is clear—our stories don’t always have to follow the law or reality. After all, illegal or unrealistic things happen in life, and as writers, I believe we can and should explore them in our work.

It would make dead boring novels, short stories or movies if we only explore truthful topics. Imagine, no zombies (hmmm, that could be a good thing maybe), faeries, witches, no Harry Potter? No Stephen King?—how bland.

The conversation also brought up an interesting point

Tenancy laws vary greatly depending on where you live.

What’s illegal in Victoria, where I live, might be handled differently in New South Wales, Queensland, or even overseas.

So, while one writer insisted that the event couldn’t legally happen, the reality is more complicated than that. The law is broken often, and yes, businesses break the law too.

And that’s what I love about fiction writing—sometimes, we’re reflecting real-life complexities, and other times, we’re creating entirely new worlds where different rules apply.

While I believe in free expression, I also recognize that how we present these ideas matters.

I want to write what I want, but I also need to be mindful of how it will be received.

A well-written story can provoke strong reactions, both positive and negative, and I have to be ready for that. I think the key is finding that sweet spot where I can express myself fully without letting reality or the law hold me back.

At the end of the day, I’ve realized I can’t avoid criticism entirely. Nor should you.

We must put our work out there and be bold, brave or brutal!

No matter how carefully I write, there will always be someone who disagrees with my choices. My challenge is to accept that criticism, learn from it when it’s helpful, but never let it stop me from expressing myself the way I want to.

Fiction Writing Represented By A Man In Orange Button Up Shirt Holding Blue Pen

Conclusion:

Writing, for me, is more than just following rules—it’s about expressing thoughts, feelings, and experiences, even when they don’t always line up with reality or the law.

I encourage you to be fearless in your writing.

Criticism will come, but don’t let that stop you from telling your story in the way that feels true to you. You and your voice is unique, and the world needs to hear it.

Have you ever faced criticism for something you included in a story? How did you deal with it? I’d love to hear your experiences in the comments below. Let’s keep this conversation going and support each other as we navigate this tricky balance between free expression and the real world.