Can you libel the dead

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Individuals Any living individual can sue for defamation; the dead cannot i. Companies Companies can sue if the defamatory statement is in connection with its business or trading reputation and has caused or is likely to cause serious financial loss. Residents overseas An individual can normally sue in the country where the defamatory statement was read or viewed, if there is sufficient circulation, or viewers.

As always, the answer depends on jurisdiction. A cause of action for libeling a dead person existed under Roman law, and -- as far as I know -- still exists in France, parts of Canada, Germany, and maybe Louisiana. Under the Anglo-Saxon system, the rule is the opposite. From Hughes v.

New England Newspaper Pub. The general rule is that a libel upon the memory of a deceased person that does not directly cast any personal reflection upon his relatives does not give them any right of action.

There are, however, several states that have adopted criminal statutes against libeling the dead, but I don't know how many remain on the books. Georgia's was struck down as unconstitutional, but for a different reason. Defamation law explains that false and defamatory statements tend to deter others from associating with the defamed person. Since others can no longer associate with a deceased person anyway, defamatory falsehoods cannot possibly lead or contribute to that deterrence.

Sign up to join this community. The best answers are voted up and rise to the top. Stack Overflow for Teams — Collaborate and share knowledge with a private group. Create a free Team What is Teams? Learn more. Can you libel the dead? Ask Question. Asked 3 years, 5 months ago. Active 1 year, 7 months ago. Viewed 9k times. Let me merge those two questions into one: Does the law limit what people can say about deceased people?

I'm asking about laws in the U. Improve this question. Johnson v. Bradstreet Co. The internet defamation attorneys at Minc Law can help you determine if you or a loved one has a cause of action related to this tort. Call for more information, or fill out our online contact form to schedule a meeting.