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False statements and election law

Aathelstane Aamodt looks at the issues where false statements are made about an election candidate.

Defamation claims have have tended to be the preferred cause of action for people who have had false and damaging statements made about them. However, if a person is a candidate in an election, the law of defamation can have its limitations; what if a newspaper publishes an article about a candidate that is defamatory and, despite threats and protestations from candidate, the newspaper intends to argue that article is true even if it is not?

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