Can a deceased individual be defamed?

Defamation is fundamentally a tort that protects an individual's reputation. The core principle is that a person's reputation can only be harmed if they are capable of being affected by that harm, which is why the law restricts defamation claims to living individuals. Once a person is deceased, their reputation can no longer be tarnished in a way that affects them personally, as they cannot experience emotional distress or harm to their social standing.

While certain jurisdictions may allow for actions related to the defamation of a deceased person's character—typically through the surviving relatives or estate trying to protect the deceased's legacy—this is distinct from a traditional defamation claim. Such claims can vary widely based on local laws and are often considered more about the impact on the survivors than the deceased individual themselves.

Options that suggest otherwise, such as the ability to defame the deceased through various means, misunderstand the essential nature of defamation as it pertains to living individuals and their immediate emotional and reputational experiences. Thus, the assertion that defamation can occur solely to living persons accurately captures the legal understanding of this tort.