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40. If a ‘date of publication’ approach were retained with either a multiple publication rule or a single publication rule, it would appear appropriate for the court to continue to have a discretion to allow claims outside the limitation period. If a single publication rule were adopted, this could go some way to remedy the difficulty mentioned above of claimants finding themselves barred from bringing an action before they have become aware of the allegedly defamatory material. It could be argued that a discretion would provide an effective means of ensuring that claims could proceed where it was reasonable to do so, and that claimants would not be significantly disadvantaged should the multiple publication rule cease to exist. On the other hand, the discretion in section 32A has been used sparingly in exceptional circumstances, and it could be argued that it would not provide sufficient protection to claimants in the absence of the multiple publication rule.

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