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| − | The doctrine of '''republication''' operates as an exception to the [[single-publication rule]] in [[defamation]] actions.<ref>''In re Davis,'' 347 B.R. 607, 611 (W.D. Ky. 2006).</ref> Republishing material in a new edition, editing and republishing it, or placing it in a new form resets the [[statute of limitation]]s.<ref>''Id.'' (''citing'' Restatement (Second) of Torts §577(A) cmt. c, d).</ref> This exception protects a plaintiff by providing "a remedy where the defendant edits and retransmits the defamatory material, or distributes the defamatory material for a second time with the goal of reaching a new audience."<ref>''Id.'' (''citing'' [[Firth v. New York]], 98 N.Y.2d 365, 466 (N.Y. Ct. App. 2002).</ref> Determining instances of republication is fact intensive.<ref>''See, e.g.,'' Woodhull v. Meinel, 202 P.3d 126, 130 (N.M. App. Ct. 2008) ("[T]he point at which republication may occur depends heavily on the facts of each case.").</ref> Generally, a [[website]] is republished when its [[content]] is "substantially modified." < |
+ | The doctrine of '''republication''' operates as an exception to the [[single-publication rule]] in [[defamation]] actions.<ref>''In re Davis,'' 347 B.R. 607, 611 (W.D. Ky. 2006).</ref> Republishing material in a new edition, editing and republishing it, or placing it in a new form resets the [[statute of limitation]]s.<ref>''Id.'' (''citing'' Restatement (Second) of Torts §577(A) cmt. c, d).</ref> This exception protects a plaintiff by providing "a remedy where the defendant edits and retransmits the defamatory material, or distributes the defamatory material for a second time with the goal of reaching a new audience."<ref>''Id.'' (''citing'' [[Firth v. New York]], 98 N.Y.2d 365, 466 (N.Y. Ct. App. 2002).</ref> Determining instances of republication is fact intensive.<ref>''See, e.g.,'' Woodhull v. Meinel, 202 P.3d 126, 130 (N.M. App. Ct. 2008) ("[T]he point at which republication may occur depends heavily on the facts of each case.").</ref> Generally, a [[website]] is republished when its [[content]] is "substantially modified." <ref>Atkinson v. McLaughlin, 462 F.Supp.2d 1038, 1052 (D.N.D. 2006) (''citing'' Churchill v. State, 876 A.2d 311, 317 (N.J. Super. 2005); ''[[Firth v. New York|Firth,]]'' 775 N.E.2d at 465); ''see also'' American Dental Ass'n v. Khorrami, 2003 WL 24141018, at *5 (C.D. Cal. 2003) (noting that the single-publication rule applies to the Internet so long as the statement "is not substantially changed after its initial appearance.").</ref> |
== References == |
== References == |
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Revision as of 18:00, 29 May 2009
The doctrine of republication operates as an exception to the single-publication rule in defamation actions.[1] Republishing material in a new edition, editing and republishing it, or placing it in a new form resets the statute of limitations.[2] This exception protects a plaintiff by providing "a remedy where the defendant edits and retransmits the defamatory material, or distributes the defamatory material for a second time with the goal of reaching a new audience."[3] Determining instances of republication is fact intensive.[4] Generally, a website is republished when its content is "substantially modified." [5]
References
- ↑ In re Davis, 347 B.R. 607, 611 (W.D. Ky. 2006).
- ↑ Id. (citing Restatement (Second) of Torts §577(A) cmt. c, d).
- ↑ Id. (citing Firth v. New York, 98 N.Y.2d 365, 466 (N.Y. Ct. App. 2002).
- ↑ See, e.g., Woodhull v. Meinel, 202 P.3d 126, 130 (N.M. App. Ct. 2008) ("[T]he point at which republication may occur depends heavily on the facts of each case.").
- ↑ Atkinson v. McLaughlin, 462 F.Supp.2d 1038, 1052 (D.N.D. 2006) (citing Churchill v. State, 876 A.2d 311, 317 (N.J. Super. 2005); Firth, 775 N.E.2d at 465); see also American Dental Ass'n v. Khorrami, 2003 WL 24141018, at *5 (C.D. Cal. 2003) (noting that the single-publication rule applies to the Internet so long as the statement "is not substantially changed after its initial appearance.").