Publishers' indefinite liability for defamatory material in their online archives is not a restriction on their rights to free speech, the European Court of Human Rights (ECHR) has ruled. The decision backs a 160-year-old rule of English law.
The Times newspaper had argued that the burden of indefinite liability was so onerous that it would have a 'chilling effect' on archive publishers, but the ECHR has reaffirmed that a new defamation action can be taken every time online defamatory material is accessed.
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