Tuesday, 3 December 2013
Putitstin v Ukraine: ECtHR recognises claims for defamation of the dead
Case Law, Strasbourg, Putitstin v Ukraine: court recognises claims for defamation of the dead – Hugh Tomlinson QC | Inforrm's Blog: "this decision opens up the possibility that Article 8 may, in appropriate circumstances, permit a claim to be brought for “defamation of the dead”. In this case the applicant’s father was not named and only a person with detailed knowledge of the history would have understood the article to be alleging that he had collaborated with the Gestapo. It seems clear, however, that a serious defamatory allegation against a recently deceased person could constitute a breach of the family’s Article 8 rights. This is, potentially, a radical new development." 'via Blog this'