Правовая библиотека и анализ дел · Австрия · Бельгия · Европейский союз
LAWxPERT Вход Бесплатная учётная запись

Cap. 579 · Media And Defamation Act (Cap. 579)

Cap. 579 ст. 13Single publication rule.

ДействуетОфициальный текст

(1) This article applies if a person -

(a) publishes a statement to the public ("the first publication"), and

(b) subsequently publishes (whether or not to the public) that statement or a statement which is substantially the same.

(2) In sub-article (1) "publication to the public" includes publication to a section of the public.

(3) For the purposes of the time limit for actions for defamation any cause of action against the person for defamation in respect of the subsequent publication is to be treated as having accrued on the date of the first publication.

(4) This article does not apply in relation to the subsequent publication if the manner of that publication is materially different from the manner of the first publication.

(5) In determining whether the manner of a subsequent publication is materially different from the manner of the first publication, the matters to which the Court may have regard include, amongst other matters -

(a) the level of prominence that a statement is given;

(b) the extent and likely circulation of the subsequent publication;

(c) the method of publication.

(6) Saving the provisions of sub-article (3), where a person publishes multiple statements to the public which are substantially similar to the first publication in terms of sub-article (5) and an action for defamation has not yet been instituted, the person aggrieved shall not be permitted to institute multiple actions against the same person but shall, in the action so instituted, make reference to the various publications and the Court may, in addition to the assessment conducted in terms of article 11, take such multiple publications into account when awarding damages in terms of article 9:

Provided that, where an action has already been instituted against a person in terms of this Act the claimant shall not be permitted to institute new actions for such subsequent statements but may, by application to the Court, bring such subsequent statements to the attention of the Court and the Court may, in addition to the assessment conducted in terms of article 11, take such subsequent statements into account when awarding damages in terms of article 9.