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43. Arguments in favour of retaining the one year period include the fact that the burden currently rests on the defendant to prove that the publication of the allegedly defamatory material is justified, and that a long limitation period could cause difficulties in producing evidence to do this. On the other hand, the Commission expressed concern that a one year period may not give claimants sufficient time to prepare a claim properly. In addition, it considered that it would be desirable to remove the anomalies between the limitation period in England and Wales and that in Scotland (which currently has a limitation period of three years from the date of knowledge) and between the limitation period for defamation and that for malicious falsehood or negligent misstatement.

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