Is Legal Action Being Taken Against the Defamation of Michael Jackson in 'Leaving Neverland'?

Despite the growing controversy surrounding the documentary 'Leaving Neverland: Michael Jackson and Me', no legal action has been taken to address the defamatory claims made against Michael Jackson. This article explores the legal framework related to defamation and why the Jackson family has not pursued legal action against the filmmakers.

The Legal Framework for Defamation

Defamation laws in the UK and other countries are designed to protect individuals from false and harmful statements that damage their reputation. The UK has specific provisions that require the defamed individual to demonstrate that the reputation damage was substantial for the legal case to be upheld. Specifically, claimants must prove that the defamatory statement would significantly impair the future reputation of the individual.

Considering Michael Jackson's death in 2009, the broader legal principle that 'you cannot libel the dead' becomes crucial. Even if false and defamatory statements were made about the late icon, his family cannot prove that these statements have a future impact. His legacy, reputation, and personal relationships are now a part of history, making it an impossible burden to bear in a legal context.

The Principle of Libel and the Dead

This principle is consistent with the legal precedents set in cases like those involving Sir Jimmy Savile. Savile had an established track record of suing anyone who suggested he was involved in child abuse. He often won these cases, which effectively closed down any ongoing accusations during his lifetime. Once he was dead, however, this legal protection ceased to exist. With no impending future damage, the press and public were free to publish disgraced allegations against him.

This duality in defamation law highlights a balance. On one hand, it ensures that the dead cannot be defamed on the grounds of future harm, but on the other, it paradoxically makes it easier to publish allegations against the deceased.

Legal Action in Different Jurisdictions

In the United States, there are currently no laws specifically protecting the dead from defamation. This means that any accusations against a deceased person, no matter the provenance, cannot be legally challenged by a family. Consequently, the Jackson family has not pursued legal action against the 'Leaving Neverland' filmmakers because they cannot prove that the alleged defamation will damage Michael Jackson's reputation in the future.

However, this lack of legal recourse does not mean that there are no consequences for the 'Leaving Neverland' filmmakers. In France, for instance, a fan base successfully sued some of the individuals involved in the documentary. The lawsuit was based on evidence revealing that 'Leaving Neverland' contained extensive falsehoods, leading to the same truth being upheld in court.

Fans of Michael Jackson won this case when they provided substantial evidence that the individuals in 'Leaving Neverland' were lying. Notably, those individuals, after failing to demonstrate the veracity of their accusations, saw their case dismissed. The judge ruled that it was irrational to believe their claims and awarded the Jackson estate a victory. This validation came only after the 'Leaving Neverland' producers were unable to secure financial settlements from Michael Jackson's estate.

The irony of the situation is that the same leaked video that led to the dismissal of these libel cases provided the primary evidence for the documentary's credibility. These events emphasize the complex and often contradictory nature of defamation laws both in terms of legal protections and public discourse.

In conclusion, the absence of legal action against the 'Leaving Neverland' filmmakers is understandable from a legal perspective, particularly in jurisdictions like the UK and the US. However, the French legal case illustrates that public and fan communities, armed with evidence, can still make substantial impacts in challenging defamation and lies about the dead.