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3.8 Option 1 may provide a greater incentive, relative to the base case (or current position), to web publishers to publish material on their archives than at present. The number of instances of defamatory material being published may therefore go up, effectively raising the personal costs to claimants, who would not be able to have recourse to the courts. In the light of the increase in publishers maintaining online archives and the likelihood of more defamation disputes these costs could be substantial.

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