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A defendant will be liable if the material meets the criteria above, and the defendant is the primary publisher of the material and does not succeed in establishing any of the defences in the Defamation Act 1952, namely: Comments:
Pedantic remark: the paragraph as stated is false. The Defamation Act 1952 (http://www.uk-legislation.hmso.gov.uk/RevisedStatutes/Acts/ukpga/1952/cukpga_19520066_en_1) modifies the way in which some of the defences below operate. That's all. It doesn't contain defences and not all the defences listed are in the Act. Comment |