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8. On the second issue, whether privilege can attach to an online edition of a publication, the Court of Appeal held that as soon as The Times had become aware of the criticisms of the articles, and had not made any attempt to justify them, it should have drawn readers’ attention to the fact that their truth was disputed. Its failure to do so meant that it was not entitled to rely on any protection by way of privilege attaching to the original articles. However, the appeal was allowed as the Court decided that the initial High Court ruling misapplied the test in relation to qualified privilege for determining whether The Times was under a duty to publish the articles. The case was remitted back to the High Court, which held that The Times had not made out the defence of qualified privilege and found in the claimant’s favour.

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