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A defendant will be liable if the material meets the criteria above, and the defendant is the primary publisher of the material and does not succeed in establishing any of the defences in the Defamation Act 1952, namely:

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Pedantic remark: the paragraph as stated is false. The Defamation Act 1952 (http://www.uk-legislation.hmso.gov.uk/RevisedStatutes/Acts/ukpga/1952/cukpga_19520066_en_1) modifies the way in which some of the defences below operate. That's all. It doesn't contain defences and not all the defences listed are in the Act.

This isn't a big deal, it just suggests that whoever wrote this summary was not a specialist in the field (maybe they were working from a summary of some kind). I'd advise treating this whole summary with due caution as a rather sloppy explanation of the law.

Posted by Francis Davey on 2009-10-11 10:45:10.
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