UNITED KINGDOM LAW CONCERNING "PUBLICATION" OF DEFAMATORY MATERIAL ON WEBSITES

In 2008, the United Kingdom High Court held that to prove publication or non-privileged access in defamation cases, the claimant must prove that the defamatory information was actually accessed. Furthermore, the court held that access to the defamatory information will not be inferred from the mere fact that such access is possible.

The following questions have been addressed in this article:

What is the significance of the place where the online publication is downloaded?
Is publication a question of fact for the jury?
Is there a presumption that articles uploaded to the Internet will be read by members of the general public?
Is there a presumption that a defamatory statement is damaging?

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