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To be defamatory, the material has to be published (communicated by any means, including written, orally, pictorially) to at least one person other than the person making the claim.
Under traditional publishing law principles, a publisher or broadcaster is potentially liable for all content it publishes. Generally, ?one who repeats or otherwise republishes defamatory matter is subject to liability as if he had originally published it.
A publisher could be found liable for negligent publication if the publisher's publication contains instructions, advise or other information that contains errors or defects or fails to warn the reader of inherent dangers, and the reader by using or acting upon such instructions, advise or other information is injured, ...
A plaintiff who brings a lawsuit for defamation must prove that the defendant's defamatory statement was "published." Published means that the statement was intentionally or negligently communicated by the defendant to someone other than the plaintiff.
The high court also established what has come to be known as ?the actual malice rule.? This means that public officials suing for libel must prove by clear and convincing evidence that the speaker made the false statement with ?actual malice? ? defined as ?knowledge that it was false or with reckless disregard of ...
The communication has been published to a third person To be defamatory, the material has to be published (communicated by any means ? written, orally, pictorially) to at least one person other than the plaintiff. The intention of the publisher does not matter ? liability for defamation can arise from errors.
The general rule is that a person who repeats or republishes a defamatory statement is subject to the same liability as if he/she had originally published the statement.
Publishers liability refers to liability of a book, periodical, or other type of publisher arising from acts such as plagiarism, libel, or copyright infringement.