Manuel Noriega, former dictator of Panama, has filed a lawsuit yesterday in California against Activision Blizzard Inc., the publisher of Call of Duty: Black Ops II.
Noriega alleges that the video game portrayed him as "a kidnapper, murderer and enemy of the state."
In Call of Duty: Black Ops II, a character that goes by the same name and looks like Noriega helps the CIA, but then betrays the agency. The character first helps the agency catch a Nicaraguan terrorist, but then later becomes a turncoat, with the United States going on a hunt for him later on in the game.
In real life, Noriega was an ally of the United States until the U.S. government began developing concerns over the dictator's tendency to use violence in dealing with his enemies and even his own citizens. The United States severed the alliance and invaded Panama in the year 1989.
In his filed lawsuit, Noriega is seeking recompense for lost profits and damages. Interactive entertainment lawyer Jas Purewal says that Noriega's claims are part of a growing trend in the industry.
"In the U.S., individuals have what's called the right to publicity, which gives them control over how their person is depicted in commerce, including video games," explained Purewal.
Purewal points to the claims made by college athletes against Electronic Arts and American band No Doubt against Activision as examples of such claims.
However, Purewal also notes that Noriega is neither a U.S. citizen nor a resident, which makes the former dictator's legal claim questionable. Noriega's lack of U.S. citizenship or residency clouds the legal basis that he can make a claim against Activision.
Noriega's 13-page claim also alleged that his inclusion in the video game made Black Ops II more realistic, which helped boost the game's sales figures.
Black Ops II was the best-selling video game in the United States, United Kingdom, and elsewhere in 2012. Scripted by Batman screenwriter David Goyer, the game reached sales figures of over $1 billion just two weeks after its release.
The video game has been scrutinized in the past because, aside from Noriega, the game also includes a character that resembles former U.S. General David Petraeus. Petraeus had just vacated his position as the director of the CIA after reports revealed his extramarital affair.
During the time, Activision said that Petraeus wasn't paid by the company and was not a part of the game's creation. Activision added that "it is clear to game players that his character and others that are based on real-life figures are fantasy."
