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"So your position that "dead people have no privacy" is really false" - no, I strongly assert that my position here is appropriate and that you are mistaken. T
by PeterisP 6y ago
"So your position that "dead people have no privacy" is really false" - no, I strongly assert that my position here is appropriate and that you are mistaken.
The relatives of the deceased can sue you for defamation damages to their reputation (e.g. the widow might assert that the claim about her deceased husband damages her own personal reputation, and if so, perhaps she would have standing but only as far as her own name was slandered). The relatives or the estate can not successfully sue you for defamation of the deceased him/herself.
This is a decent precedent - https://law.justia.com/cases/massachusetts/supreme-court/volumes/312/312mass178.html https://law.justia.com/cases/massachusetts/supreme-court/vol...
The situation in UK seems to be the same - https://www.holdthefrontpage.co.uk/2012/news/mps-rule-that-you-still-cant-libel-the-dead/ https://www.holdthefrontpage.co.uk/2012/news/mps-rule-that-y...
This article lists many interesting famous situations from history - https://jonathanturley.org/2007/08/18/defaming-the-dead/ https://jonathanturley.org/2007/08/18/defaming-the-dead/
It's even possible that defamation that happened while the victim was alive gets ignored if they die before the case is settled - for example, Ohio code (http://oh.elaws.us/orc/2311.21 http://oh.elaws.us/orc/2311.21) explicitly asserts that libel and slander cases (unlike pretty much everything else) should end in this case.
A famous case is Michael Jackson and the 2019 documentary "Leaving Neverland"; when he was alive, he successfully won a defamation case against Victor Gutierrez with a pretty much equivalent case, however, as this happened after his death, those managing his estate were not able to bring a defamation suit for this documentary because those defamation laws did not apply any more.
Law stackexhange has a quick summary at https://law.stackexchange.com/questions/28842/can-you-libel-the-dead https://law.stackexchange.com/questions/28842/can-you-libel-...