§ 6.4.4.1 PUBLICATION

• Jurisdiction: Arizona

§ 6.4.4.1 Publication. Generally, the making of a statement, whether written or oral, to one "other than the person defamed" is a publication.²⁸ There is a publication even if the statement is made to the agent of the person defamed.²⁹ Indeed, there is a publication even if the statement is made to a third person when the publisher is mistaken as to the identity of the recipient.³⁰ There is also publication even if there is a communication between two agents of the same principal.³¹ There is no publication when the recipient is the defamed person.³² The court in Dube v. Lukins confirmed in dicta, that a defendant can be liable for reasonably expected repetitions of defamatory statements by third persons.³³

As a general rule, there is liability for the republication of another's defamatory statements,³⁴ although some degree of fault may be required by the republisher.³⁵

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