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14. There is also the view (expressed by the Court of Appeal) that archives are “stale news” and that therefore any injury to reputation will be minimal and damages awarded as a result will be small. However, it could be argued that material published in this way is not “stale” because the immediacy of access makes the impression much more lasting; and that it remains an important principle that a claimant should be able to defend their reputation, as the internet allows material to be instantly displayed, distributed and downloaded around the world many years after it was first published. On the other hand, if an action should arise, a defendant may have problems mounting a defence if a long period of time has elapsed and memories have faded or evidence has been destroyed.

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