Talking ill of the dead is frowned upon in society but the sentiment could soon be on the statute books, in light of a report that the government may extend libel laws beyond the grave.
The review was first mentioned in a Home Office paper that warned, under current law, murder victims could be slandered by their killers with no redress for their families.
To address this concern, the Department for Constitutional Affairs is expected to release a paper later this year that will include the option of extending libel laws to the dead.
If approved, the move would be intended to protect the reputations of homicide victims, but it is likely to prove difficult to restrict it to one group, The Sunday Times reported yesterday.
Hugh Tomlinson QC, an expert on media law, told the paper that he did not consider there was any “serious demand” to widen the scope of today’s libel laws.
Under the current framework, litigants need to be alive for a court action to be pursued claiming someone has wrongly damaged their reputation.
If the reputations of the deceased are protected, following the review, then the length of time in which the estate of a dead person could sue would be a central issue, Tomlinson said.
He also said any change to the legislation would raise the issue of establishing which individuals and parties would be entitled to take legal action.
Freedom of speech campaigners are expected to oppose extending libel to the dead, as media depicting them could face injunctions or payouts if their claims are not proven.
Apr 23, 2007
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