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  1. #1
    Join Date
    May 2013
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    8

    Default Can You Avoid the Statute of Limitations by Claiming Continuous Publication of Libel

    My question involves defamation in the state of: California
    How does "continuous publication" work as far as Internet postings go? Is the statute of limitations generally one year from the date the bad things about you are posted (whether libel or false light)? And if so is it fair to say that if you don't monitor what's being said about you then you're screwed after a year?

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    28,656

    Default Re: Can You Avoid the Statute of Limitations by Claiming Continuous Publication of Li

    The fact that material is on a website, even if some changes are made to the site, does not ordinarily constitute republication. Publication is normally said to occur on the date of the first general distribution of the publication to the public, and the single-publication rule normally applies to statements published on websites. The discovery rule normally only applies when a defamatory statement is hidden and thus "inherently undiscoverable" or "inherently unknowable", and not when there has been a mass publication.

  3. #3
    Join Date
    May 2013
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    8

    Default Re: Can You Avoid the Statute of Limitations by Claiming Continuous Publication of Li

    So what you're saying is that there is generally no continuous publication when something is said on a website? The statute of limitations likely starts ticking from the moment it's posted?

  4. #4
    Join Date
    Sep 2005
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    75,403

    Default Re: Can You Avoid the Statute of Limitations by Claiming Continuous Publication of Li

    Follow the links and read the case law, which speaks for itself. If you believe you have details that might make your case an exception to the rules set forth in those cases, you can share them or discuss them with a lawyer.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Can You Avoid the Statute of Limitations by Claiming Continuous Publication of Li

    Of course a SOL defense is an affirmative defense - who knows if the defendant would even plead it?

    Its waivable. (sp?)

  6. #6
    Join Date
    May 2013
    Posts
    8

    Default Re: Can You Avoid the Statute of Limitations by Claiming Continuous Publication of Li

    I got ya. The legal talk makes my head spin. One thing I noticed is that the lack of being able to apply continuous publication on the Internet applies to MORE than just libel. One of the cases you linked interestingly pertained to use of likeness. Am I correct in assuming that the 1-year clock also begins ticking immediately for things like unfair use of meta tags that unfairly draw in visitors perhaps using a company name?

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