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Times Newspapers Ltd v UK
May 18, 2009 | No CommentsThe Times argued that the “internet publication” rule, that downloading amounted to a fresh publication, applied by the Court of Appeal in Loutchansky v Times, was contrary to Article 10, since it meant that online archives were exposed permanently to the risk of defamation actions. The European Court refused to hold that the rule was a violation, but suggested that defamation proceedings brought after a significant lapse of time might be a violation. It also endorsed the English Court of Appeal’s suggestion that, rather than remove potentially defamatory articles from the archive, the publishers might, where archive material was said to be defamatory, attach an appropriate notice warning against treating it as the truth.
This case is available here.
Rosalind McInnes
Art. 10 Freedom of Expression, Media Law, Strasbourg Case Law
