Legal Definitions - republication

Republication refers to the act of publishing something again. In legal contexts, this term has specific meanings depending on the area of law.

• General Publishing

  This is the most common understanding: the act or instance of making something available to the public again, such as a book, article, or piece of music. This can involve re-releasing an identical version or an updated edition.

  • Example: A publishing house decides to release a new, annotated edition of a classic novel that was first published over a century ago.

    Explanation: This is a republication because the novel, though previously available, is being published anew for a contemporary audience, often with additional content or commentary.

• Wills and Estates

  In the context of wills, republication is the process of making a previously revoked will legally valid again. This can occur if the person who made the will (the testator) formally repeats the necessary steps to execute a valid will, or by adding a formal amendment (known as a codicil) that specifically refers to and confirms the old will. The legal consequence is that the will is treated as if it was created on the date of this republication, which can be significant for how its provisions are interpreted under current law.

  • Example: Ms. Chen drafted a will in 2012, but then formally revoked it in 2018 after a significant family dispute. In 2023, after reconciling with her family, she decides she wants the original provisions of her 2012 will to be effective again. Instead of writing an entirely new will, she executes a new, properly witnessed document (a codicil) that clearly states her intention to reinstate and validate the 2012 will.

    Explanation: By executing the codicil, Ms. Chen has performed a republication of her 2012 will. Legally, her 2012 will is now considered effective from the date of the 2023 codicil, which could impact how certain beneficiaries or assets are treated based on laws in effect at that later date.

• Defamation

  In defamation law, republication refers to the act of repeating or further spreading a statement that is false and harmful to someone's reputation. Each instance of repeating or disseminating a defamatory statement can be considered a new act of defamation, potentially creating separate liability for the person who republishes it.

  • Example: A local blogger, Sarah, posts an article containing false accusations about a prominent business owner, Mr. Davies. A week later, a reader named Tom shares Sarah's article on his own social media page, adding a comment that further disparages Mr. Davies.

    Explanation: While Sarah's initial article was an act of defamation, Tom's act of sharing and commenting on it constitutes a republication. Tom is repeating and spreading the defamatory statement, and he could also be held liable for defamation, separate from Sarah's original act.