There are then the questions as to the pressures on the newspapers to join such a scheme. The final draft of the clause about exemplary damages (21a) to my reading of it merely made it less likely that scheme members would face exemplary damages. It does not to my reading increase the likelihood of facing exemplary damages beyond where they are at the moment. There was not a division on the clause relating to the claiming of costs (I think 27a).
My perception is that these changes encourage newspapers and others to use a regulatory arbitration to resolve disputes rather than litigation without heavily punishing those who don't.
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