Innocent Dissemination - Background

Background

The basic rule is that everyone involved in any way in the production or dissemination of defamatory material is liable as having published it. This is because defamation is a tort of strict liability. It can be committed unwittingly by reason of the existence of facts and circumstances unknown to the publisher of the defamatory statement. However, some forms of distribution or dissemination are so mechanical that a distributor ought not to be held liable unless he/she ought to have known there was defamation involved. Therefore, a defence of innocent dissemination is conceived

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