Skip to content
High Severity

Perpetual Liability Threatens Historical Content

This provision allows estates of deceased persons to pursue claims indefinitely for disclosure of private facts, creating perpetual liability for businesses publishing biographical, historical, or archival content. Combined with the undefined "individuals affected" standard, businesses cannot determine when liability exposure ends or who might bring claims. This forces media companies, publishers, and digital platforms to either avoid historical content entirely or maintain indefinite legal reserves, particularly impacting documentary producers, biographers, and archival institutions.