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Deathly lacuna

Could privacy rights be extended to allow libel claims to protect the reputation of the dead, wonders Richard Easton

11 December 2013

Could privacy rights be extended to allow libel claims to protect the reputation of the dead, wonders Richard Easton

De mortuis nil nisi bonum: say nothing but good of the dead. No such Roman restraint was shown by The Daily Mail in September when it dubbed Labour leader Ed Miliband's late father, Marxist scholar Ralph Miliband, "the man who hated Britain".

But why could the leader for the opposition not sue for libel against his father? Why can the dead not be defamed under English law? Should there be a tort of deathamation? And does a decision by the European Court of Human Rights in lat...

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