WHY THAI RATH WILL NOT BE SUED

In the immediate aftermath of Thai Rath's decision to publish photographs that were purported to show the body of David Carradine there were suggestions from his family that publications would face legal action for the "distress" caused.
My own initial feeling was the publishers of Thailand's most popular newspaper may have left themselves open to a lawsuit for subsequently allowing the images to appear online, and thus publishing them around the world. This is unlikely to be the case.
A New York-based attorney, commenting on behalf of the Media Law Resource Center, told me yesterday by email: "As a matter of law I don't think the Carradine family would have any viable legal claims here against the American or Thai press over publication of the photos. Obviously, the family members could be hurt and offended by the publication of the photos, but to succeed on a claim of distress they would have to prove "extreme and outrageous conduct" by the press. I don't think publication of the photos in connection with articles about the actor's death would be considered "extreme and outrageous" under American law."
The attorney also feels Thai Rath are unlikely to face legal action, adding: "There would be the preliminary issue of whether an American court would have jurisdiction over a Thai publication. Even assuming the Carradine family had a viable claim, a U.S. court would not necessarily have jurisdiction over a Thai publisher. Even though the photos were available on the web that is not enough for a U.S. court to hear the case."
He also said any 'invasion of privacy' claims would likely fail as those rights belong to Carradine and not his family, and ended with his death.
So legally speaking, Thai Rath or any other Thailand-based publisher is very unlikely to face action in the U.S. in this case. I now wonder if the family could take action within Thailand under related Thai laws? I will try to find out.