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Torts

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Pregunta:

1. Primary Publisher - Each individual who takes part in making the publication is charged with the publication as a primary publisher; e.g., a newspaper or TV station carrying a defamatory message would be viewed as a primary publisher and held responsible for that message to the same extent as the author or speaker. Note, however, that an Internet service provider is not treated as a publisher when a user of its service posts defamatory content. 2. Republisher - A republisher (i.e., one who repeats a defamatory statement) will be held liable on the same general basis as a primary publisher. This is so even if the repeater states the source or makes it clear that she does not believe the defamation. Note: Where there has been a republication, the original defamer’s liability may be increased to encompass any new harm caused by the repetition if the republication was either (i) intended by the original defamer or (ii) reasonably foreseeable to her 3. Secondary Publisher - One who is responsible only for disseminating materials that might contain defamatory matter (e.g., a vendor of newspapers, a player of a tape) is viewed as a secondary publisher. Such individuals are liable only if they know or should know of the defamatory content

Autor: Robert Suber



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Who may be liable?


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