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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.
It is a common law principle that any person that has knowingly participated in publishing a defamatory statement may be held liable so long as the party is the: Author- where the statement originated excluding someone that did not intend for the statement to be published.
Publishers liability refers to liability of a book, periodical, or other type of publisher arising from acts such as plagiarism, libel, or copyright infringement.
Also, we should make it clear that if a libelous statement is printed in a newspaper, the newspaper can be held liable even if the quote is coming from someone else and not the paper or a reporter. Why? Because while the newspaper did not make the statement, it published the statement.
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 ...
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.
Defamatory material is published when it is communicated by someone other than the person it defames, to another such person. This is known as bilateral publication.
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.