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66
In Berezovsky v. Michaels [1999] EMLR 278 in the Court of
Appeal the defendants sought to persuade the court to approach the
case as if it involved a single global cause of action to be pursued in
whatever jurisdiction was the most appropriate. The single publication
rule was invoked by way of analogy. This argument was not advanced
in the House of Lords and Lord Steyn observed [2000] I WLR 1004,
1012 that it was "contrary to the long established principle in England
libel law that each publication is a separate tort". In the present case
the defendants do not suggest that the English courts should apply the
single publication rule where a libel has been disseminated in more
than one jurisdiction. They contend, however, that the rule should be
applied when the issue is one of limitation in relation to an action
commenced in this jurisdiction.
At para. 76 of Loutchansky, the court rejected the defendants' contention that the
single publication rule should be used in England:
76
The change in the law of defamation for which the defendants
contend is a radical one. In our judgment they have failed to make out
their case that such a change is required. The Internet single
publication appeal is therefore dismissed.
[17]
As well, in an Australian case, Dow Jones & Company Inc. v. Gutnick,
[2002] HCA 56, the Australian High Court declined an invitation to adopt the single
publication rule in Australia. In that case, the argument was not directed at a
limitation issue but to a question of the appropriate forum in which to try an action for
defamation wherein the plaintiff Gutnick, a resident of the Australian state of Victoria,
alleged that he had been libelled in an article published by the American defendant
publisher, Dow Jones & Company Inc., who maintained the web servers for its
online services (which hosted the defamatory statements) in the United States. The
members of the High Court, particularly Kirby J. in a concurring judgment,
acknowledged that the advent of the internet had created an entirely new publishing
2005 BCCA 398 (CanLII)
Carter v. B.C. Federation of Foster Parents Assn.