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9. The Times subsequently brought an application before the European Court of Human Rights alleging, inter alia, that the effect of the multiple publication rule breached its right to freedom of expression under Article 10 of the ECHR. The Court published its judgment in the case on 11 March 2009. It held unanimously that there was no violation of Article 10, because the Court of Appeal's finding that Times Newspapers had libelled the claimant by the continued publication on its internet site of two articles had not represented a disproportionate restriction on the newspaper's freedom of expression.

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