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5. The multiple publication rule stems from the 19th century case of Duke of Brunswick v Harmer5, in which the Duke’s agent bought a back issue of a newspaper published 17 years earlier. The court held that this constituted a separate publication that was actionable in its own right. Under the Limitation Act 1980, each separate publication is subject to a limitation period of one year which runs from the time at which the material is accessed. This principle has been applied in a range of different cases, and was upheld in the context of internet publication by the House of Lords in Berezovsky v Michaels6. The rule was also upheld by the Court of Appeal in relation to archived material in Loutchansky v Times Newspapers Ltd7.

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