Share on LinkedInShare on LinkedIn

ARTICLE · 09 AUGUST 2023

Yes, you can speak ill of the dead

Under Australian law, defamation does not apply to deceased persons.

AustraliaLitigation, Mediation & Arbitration

For thousands of years we have been told not to speak "evil" of the dead. Some say it dates back to the 6th century BC philosopher Chilon of Sparta, who warned it would harm the deceased's enjoyment of the afterlife. Mind you, Chilon also said "obey the law", and Australian law says you certainly can speak ill of the dead.

Legally permissible to speak ill of the dead

Under Australian law, defamation does not apply to deceased persons.

Common law states the dead have no rights and a person's reputation cannot be violated if they are no longer alive. Only a living person can bring a legal action for defamation.

Even if a living person brings a legal action for defamation, that action ends when they die. Relatives cannot continue the legal action.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from