----- Original Message ----- From: "Todd Mason" <
Todd.Mason@tvguide.com>
> Heirs/estate agents have a habit of stomping those
who would besmirch the
> memory, or at least those who don't enrich the
estate for the use of the
> life story. She could only write with impunity if
she could successfully
> claim not to be writing about BB. Though this may be
somewhat different
> between US and UK. TM
It sure is.
Here's the ruling for England and Wales (Scotland is pretty
similar):
"Civil claims for libel cannot be brought on behalf of the
dead. If an individual living plaintiff or defendant in a
libel case dies before the jury gives their verdict, the
action 'abates', i.e. comes to an end, so far as their
involvement is concerned, and no rights arising out of it
survive either for or against their personal
representatives."
And the US:
"Libels against the memory of the dead which have a tendency
to create a breach of the peace by inciting the friends and
relatives of the deceased to avenge the insult of the
fanlily, render their authors liable to legal
animadversion."
Al
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