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36. There are a number of key issues which are relevant when considering the merits of these options. The first of these is whether the limitation period should run from the date of publication of the allegedly defamatory material or the date the claimant becomes aware (or could reasonably be expected to become aware) that a cause of action exists (the “date of knowledge”). Using the date of knowledge could be fairer to claimants as time would not start to run until they know, or could reasonably be expected to know, of the existence of the facts that form the basis for the action. This would mean that claimants would not potentially find themselves barred from bringing an action before they have become aware of the allegedly defamatory material. In the event that the multiple publication rule were abolished, this would go some way towards reducing any disadvantage to claimants arising from the adoption of a single publication rule.

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