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Vassiliev v Frank Cass & Co Ltd
Comment
'Reply to attack' privilege has been a particularly fruitful and expanding line of defence for defamation defendants in recent years. This decision by Eady J marks a further expansion of it, in that the Defendant was neither a representative nor a close relative of the deceased Mr Hiss (as in Bowen-Rowlands v Argus Press Ltd (1926)), but rather a friend with a long-standing interest in the Hiss saga. Further, Hiss would not have been able to bring a libel claim himself due to a conviction for perjury for denying his alleged spying activities. The decision also has significant ramifications for the publication of academic articles on the internet. It seems that a claim to common interest privilege will not be invalidated by publication on the internet per se, but rather its effect on the claim will depend on the content of the article and where on the internet it is published.