This greater sense of uncertainty would add to the difficulty of libel litigation. It would also undermine the effect of the retraction provisions, as outlined above. This invitation to engage in ambush tactics flies in the face of other civil procedure reforms. It would clearly take some time for the courts to sort out these issues. In the extremely fast-paced world of the media, it is absolutely essential to know as soon as possible when a harmful error might have been published.
Sources have to be contacted.
Notes and tapes have to be set aside, stored and protected, rather than reused or discarded. Additional information will only be available when the subject-matter is still fresh. Of the hundreds of stories published and broadcast in any one day, the media will not have any certainty as to which ones will at some point give rise to potential litigation. Further, all post-publication conduct can be relied on by a plaintiff and give rise to additional damages, even when the defendants are not aware of any complaint. All of these factors will inevitably increase caution and potential expense for the media, inhibiting freedom of expression and reducing the flow of useful and important information to the public.