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17. The Court of Appeal in Loutchansky, while recognising the social utility of archives, took the view that they were a “comparatively insignificant aspect of freedom of expression” and were not harmed by the existence of the multiple publication rule. Against this, it may be argued that the rule does not adequately recognise the social importance of archives and that any operation of the rule in this context creates the danger that the dissemination of ideas and information over the internet will be inhibited, restricting freedom of expression.

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