In a battle that pitted a multi-million selling video game against a notorious military dictator, Manuel Noriega has been defeated in his attempt to sue the makers of Call of Duty for their portrayal of a character based on him.
Noriega, Panama’s dictator from 1983 until 1989, had sought damages after a likeness of him featured in Call of Duty: Black Ops II, released in 2012.
In the game, the Noriega character helps the CIA capture a Nicaraguan terrorist before turning on the Americans. He is then himself hunted in scenes that are fictitious.
Characters in the game refer to the Noriega figure as “old pineapple face” – a nickname that was used in real life by Panamanians who dared to make fun of their dictator’s pockmarked face.
In reality, Noriega did work as a CIA informant but the agency eventually severed links with him. In 1989, amid mounting concerns about his violent regime, President George Bush Senior ordered the invasion of Panama and Noriega was taken prisoner.
Noriega – currently serving a jail sentence in Panama for crimes including the murder of critics - had sought to claim that the game makers had implied that he was “the culprit of numerous fictional heinous crimes.”
He also alleged that Activision depicted him as ”a kidnapper, murderer and enemy of the state.”
But a judge at Los Angeles Superior Court has now ruled that the inclusion of the character was protected under free speech laws.
Rudy Giuliani, the former mayor of New York, who had defended Activision in the case, said: “This was an absurd lawsuit from the very beginning and we're gratified that in the end, a notorious criminal didn't win.
”This is not just a win for the makers of Call of Duty, but is a victory for works of art across the entertainment and publishing industries throughout the world.“
30 games released before Christmas
30 games released before Christmas
The $500 million ‘shared-world shooter’ from Bungie has arrived. Release date: 9th September 2014
2/30 Hyrule Warriors
The first of a few big upcoming releases for the Wii U, Hyrule Warriors will see Link hack-and-slashing in Hyrule. Expect a closer likening to Dynasty Warriors rather than a typical Zelda game. Release date: 19th September 2014
3/30 The Vanishing of Ethan Carter
The open world adventure which follows a detective with paranormal powers used to solve crimes promises suspense, mystery - and gorgeous graphics. Release date: 25th September 2014
4/30 FIFA 15
The best-selling sports video game franchise in the world is set to return with Lionel Messi as the cover star, all 20 Premier League stadiums and scarily lifelike players. Release date: 26th September 2014
5/30 Forza Horizon 2
Exclusive to Xbox One and 360, racing fans will get to see the roads of southern Europe – with three times more driveable areas than the 2012 original. Release date: 3rd October 2014
6/30 Super Smash Bros
Coming first to the 3DS, players will be able to smash the shell out of Nintendo characters such as Yoshi, Link, Fox, Mario, Mega Man, Pac-Man, Pikachu, Fox, Peach and Donkey Kong. Release date: 3rd October 2014
7/30 Sherlock Holmes: Crimes & Punishments
The UK’s favourite detective takes a Dostoyevsky turn, as he must make moral choices when he finds the culprits. Release date: 3rd October 2014
8/30 Alien: Isolation
There’s no doubt about it, this looks really scary. Set in 2137, 15 years after the events of Alien and 42 years prior to Aliens, the game follows Amanda, who is investigating the disappearance of her mother Ellen Ripley. Release date: 7th October 2014
9/30 Project Spark
For creative minds, Xbox's Project Spark offers players a blank canvas to draw on content to make events, games and music. Release date: 7th October 2014
10/30 NBA 2K15
2K Sports aim to make their new basketball release more authentic than ever. With Kevin Durant of the Oklahoma City Thunder as the cover star, Crew mode will be coming back, and MY League introduced. Release date: 7th October 2014
11/30 NBA Live 15
Up against NBA 2K15 on the same day is this basketball title from EA Sports, who scanned 70% of NBA players for added realism. Release date: 7th October 2014
Exclusive to PS4, this racing release will see top speeds and atmospheric conditions - plus PlayStation Plus subscribers will get a free version. Release date: 10th October 2014
13/30 Skylanders Trap Team
The third release from the ridiculously popular-with-kids franchise will include traps where players can catch the bad guys and play as them. Release date: 10th October 2014
14/30 The Evil Within
In our preview, it’s been described as ‘a survival horror fan’s best worst nightmare’. Release date: 17th October 2014
15/30 Borderlands: The Pre-Sequel!
The third game in the Borderlands series, and a prequel to the 2012 game Borderlands 2, and will see new weapons such as anti-gravity, freeze, and oxygen tanks. Release date: 17th October 2014
16/30 F1 2014
Based on the 2014 Formula One season, this racing game from Codemasters will feature the new Sochi Autodrom. Release date: 17th October 2014
17/30 Disney Infinity: Marvel Super Heroes
The other popular toys to life series will see superheroes join the team, including Spider-Man, Captain America and Iron Man. Release date: 18th October 2014
18/30 Fantasia: Music Evolved
Based on the music from Walt Disney's 1940 animated film, your body will control the rhythm and sounds. Release date: 21st October 2014
19/30 Bayonetta 2
The sequel to Nintendo's 2009 game sees Bayonetta battling the bad guys with smart combat and sharp graphics. Release date: 24th October 2014
20/30 Sunset Overdrive
The colourful comic style offering exclusive to Xbox One combines the feel of Sum 41/Tony Hawk with a random mix of mutants and energy drinks. Release date: 31st October, 2014
21/30 WWE 2K15
Sting, Hulk Hogan and Stone Cold Steve Austin will appear in the next wrestling saga, which will next have story mode My Career. Release date: 31st October, 2014
22/30 Call of Duty: Advanced Warfare
The 11 year-old military first person shooter series is about to become more futuristic, with characters that look more realistic than ever - plus, Kevin Spacey stars as the bad guy. The downloadable content for will be released first on Xbox Live. Release date: 4th November 2014
23/30 World of Warcraft: Warlords of Draenor
The fifth expansion to MMORPG World of Warcraft will will raise the existing level cap from 90 to 100 and will introduce player-built, upgradeable garrisons - plus a tribute character to Robin Williams. Release date: 13th November 2014
24/30 Halo: The Master Chief Collection
Consisting of Halo: Combat Evolved Anniversary, Halo 2, Halo 3, and Halo 4, this is obviously one for Halo super fans. Players will also get access to Halo 5: Guardians beta. Release date: 14th November 2014
25/30 Assassin's Creed: Unity
Set in Paris during the French Revolution, for the first time, four players can take on missions in multiplayer co-op, and there's also a new stealth option, which contrasts well with the fluid movement of the deadly Assassin. Release date: 15th November 2014
26/30 Far Cry 4
Set in a region of the Himalayas, you get to ride on an elephant with weapons, and invite friends to join you to play via PlayStation Plus, even if they don't own the game. Release date: 18th November 2014
27/30 Little Big Planet 3
Sackboy's got some new friends this time round in PlayStation's puzzle platformer, each with different skills opening up a range of different, and cute, challenges. Release date: 19th November 2014
28/30 Dragon Age: Inquisition
Bioware's RPG sequel to Dragon Age 2 will let players explore more than ever before - and there are several different major endings depending on your decisions in the game. Release date: 21st November 2014
29/30 Sonic Boom: Rise of Lyric and Sonic Boom: Shattered Crystal
The latest outing for everyone's favourite hedgehog sees the first released on the Wii U, and the second for the 3DS. The two games form the final part in Sega's partnership with Nintendo, following Sonic Lost World and Mario & Sonic at the Sochi 2014 Olympic Winter Games. Release date: 21st November 2014
30/30 Pokémon Omega Ruby and Alpha Sapphire
The 3DS remakes of the 2002 Game Boy Advance titles Pokémon Ruby and Sapphire will be a must-have for Pokefans. Release date: 28th November 2014
Activision had said that if Noriega had succeeded in his legal action it might have encouraged other political figures to sue over the use of their appearance in films, television programmes and books as well as video games.
Bobby Kotick, chief executive of Activision's parent company, Activision Blizzard, said: ”Today's ruling is a victory for global audiences who enjoy historical fiction across all works of art.”
It is estimated that more than 24 million copies of Call of Duty: Black Ops II have been sold since its release.Reuse content