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Thus, the precise question there was whether a hyperlink constituted a republication of content that had already been published by the defendant.
Bihen (122) to buttress its argument that "a simple reference--like a hyperlink--to defamatory information" (123) does not constitute publication or republication of the content.
(127) Nevertheless, the plaintiff argued that the ABC commentator republished the allegedly defamatory content "by calling his listeners' attention to this magazine article, albeit without uttering any of the alleged defamatory matter contained in said article." (128) However, the court held that merely referencing the article, without repeating its content, does not constitute publication or republication of the content.
For example, a New York state treatise on defamation utilizes MacFadden to show that "[a] mere reference to another writing which contains defamatory matter does not, however, constitute an actionable repetition or republication of the libelous matter." (134) Indeed, such language is very similar to the language used by the Crookes court to reach its conclusion on hyperlinks.
Biben, (140) the other case cited by the SCC to make its point on republication, hints at an apparent inconsistency in the SCC's holding and ultimately sheds light on the stark contrast between Canada and the U.S.
As stated concisely by the Third Circuit in Newspapers, under the single publication rule, "it is the original printing of the defamatory material and not the circulation of it which results in a cause of action." (149) However, the republication of that defamatory material is an exception to the single publication rule.
Southern Poverty Law Center, Inc., (154) a federal district court in Kentucky cited Klein for the principle that a reference does not constitute republication. (155) Just as the treatise did, the court in Salyer utilized that principle from Klein to hold that a reference should not constitute an exception to the single publication rule.
The holding of Crookes that hyperlinks fail to constitute a republication of defamatory content would seem to indicate that the hypothetical plaintiff, just like the plaintiff in Klein, should be barred by the statute of limitations from bringing a defamation action.
When a publisher continues to make an allegedly defamatory book available from its stock, courts have held that action does not constitute republication, even though the publisher could have withdrawn the book.
N The practice of correction and republication is only marginally effective and does not prevent the continued citation of flawed articles post-correction, with the analysis finding only a slight reduction in the citation of flawed articles after publication of the corrected version.
* The practice of correction and republication would be more effective if prominent sources of bibliographic information were more consistent in providing users with information about the status of corrected and republished articles and the existence of post-publication modifications to the literature.
The effectiveness of correction and republication: a bibliometric analysis.