Are you all in the clear for that questionable publication that
you still host online, notwithstanding the legal threat of action
received years ago? Depends where you are.
There are competing approaches regarding when the limitation
period begins to run for a defamatory publication posted online,
culminating in two different rules: the "single publication
rule" and the "multiple causes of action rule".
The single publication rule has been adopted by a number of
American states. The rule states that a publication containing
defamatory material gives rise to one cause of action for libel,
which arises at the time of the first publication. The limitation
period therefore begins running on the date that the defamed person
first sees the publication. The continued presence of the
publication online – and therefore the continued access to
the publication by third parties – is irrelevant. The
rationale behind this line of thought is that it would be unjust
for a single
