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38. Retaining the current approach of using the date of publication would give greater certainty and avoid any possible evidential problems and disputes over the date of knowledge. In the event that the multiple publication rule is retained, the resulting benefits for claimants would appear to negate the need to safeguard further claimants’ position by moving to a ‘date of knowledge’ approach. However, if a single publication rule were to be adopted, a date of publication approach could mean that claimants may find themselves barred from bringing an action before they have become aware of the allegedly defamatory material, without any possibility of an action if the material were on an archive.

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