Firth v State of New York: 2 Jul 2002

(New York Court of Appeals) A report published at a press conference on 16 December 1996 was placed on the internet the same day. A claim was filed over a year later.
Held: The limitation period started when the report was first uploaded onto the website and did not begin anew each time the website version of the report was accessed by a user: ‘The policies impelling the original adoption of the single publication rule support its application to the posting of . . the report . . on the website . . These policies are even more cogent when considered in connection with the exponential growth of the instantaneous, worldwide ability to communicate through the Internet . . Thus a multiple publication rule would implicate an even greater potential for endless retriggering of the statute of limitations, multiplicity of suits and harassment of defendants. Inevitably, there would be a serious inhibitory effect on the open, pervasive dissemination of information and ideas over the Internet which is, of course, its greatest beneficial promise.’

Citations:

(2002) NY int 88

Links:

Cornell

Jurisdiction:

United States

Cited by:

CitedTimes Newspapers Ltd (Nos. 1 And 2) v The United Kingdom ECHR 10-Mar-2009
The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and . .
Lists of cited by and citing cases may be incomplete.

International, Defamation, Limitation

Updated: 19 November 2022; Ref: scu.317948