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11. In its scoping study, the Law Commission concluded that “the present [limitation] period of one year may cause hardship to claimants, who have little time to prepare a case. However, it is potentially unfair to defendants to allow actions to be brought against newspapers after their original publication, simply because copies have been placed in an archive. After a lapse of time, it may be extremely difficult to mount an effective defence, because records and witnesses are no longer available...Further consideration should be given to this issue, through the adoption of a US style single publication rule, or through a more specific defence that would apply to archives, whether held online or in more traditional libraries.”

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