A group or class of individuals, if sufficiently defined, can also sue. For example it would be defamatory to say that all strikers of a particular football team took performance enhancing drugs and each one could potentially sue, even though none had been named specifically. The larger the class of individuals defamed, the less likely unnamed individuals would be able to sue. For example, unnamed individual players could not sue on the generalised allegation that players in the Premier League took performance enhancing drugs.
Similarly, individual unnamed goal keepers would not be able to sue on the generalised allegation that all professional goal keepers take 'bungs', because the class is too large. Certain government bodies cannot bring libel claims. If, however, individual members, officers or employees are the subject of the defamatory statements, these individuals can sue personally to seek to protect their own reputations. When this happens, the question of where liability for defamation lies is unclear and it is likely that the person or organisation who considers themselves defamed would attempt to sue the original programme-makers, broadcaster or newspaper that originally made the allegations.
However, publishers will be concerned at this development. While aggressive litigants have used the threat of a very expensive libel action to suppress adverse coverage for many years, death has always ended such threats. This has allowed journalists and authors to air allegations made about them. Jimmy Savile reportedly used libel threats to suppress widespread discussion of his behaviour — but as we have now seen, that suppression did not last beyond the grave.
While the families of the dead may be distressed at media coverage, it would be worrying to think that they might be able to use human rights law to continue to prevent legitimate exposure after their death. David Banks is a journalist and media law consultant. This article is more than 7 years old. Skip to main content. Toggle navigation. Legal Solutions Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers Work faster and smarter to improve your drafting productivity without increasing risk Accelerate the creation and use of high quality and trusted legal documents and forms Streamline how you manage your legal business with proven tools and processes Manage risk and compliance in your organisation to reduce your risk profile.
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