ALBANY – A new tension in media law, pitting traditional defamation principles against the modern realities of Internet publishing, presents the Court of Appeals with an opportunity this month to examine the single and continuing publication rules as they apply in cyberspace.
Firth v. State, 87, involves a former New York State environmental police officer who was harshly criticized in an Inspector General’s report posted on the Internet. At issue is whether, for statute of limitations purposes, publication occurred solely on the date of the Web posting or continued each day the offending report remained online.
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