PART 8GENERAL

CHAPTER 2DEFAMATION

140Absolute privilege

1

For the purposes of the law of defamation, the following are absolutely privileged—

a

the publication of a matter by the Commissioner in the exercise of any of his or her functions;

b

the publication of a matter by a member of the Advisory Panel in the exercise of any of his or her functions;

c

the publication of a matter by a person in compliance with a requirement in a decision notice;

d

the publication, in a communication between—

i

the Commissioner, and

ii

a protected person,

of a matter in connection with an inquiry or investigation;

e

the publication, in a communication between—

i

the complainant or a person acting on behalf of the complainant, and

ii

a representative,

of a matter in connection with an investigation under Part 5 or Part 6.

2

In this section a reference to the Commissioner includes the following persons—

a

the members of the Commissioner’s staff;

b

any person acting on the Commissioner’s behalf or assisting in the exercise of the Commissioner’s functions.

141Interpretation of this Chapter

In this Chapter—

  • “complainant” (“achwynydd”)\ means—

    1. a

      in relation to an investigation under Part 5, the person (if any) referred to as “P” in section 93;

    2. b

      in relation to an investigation under Part 6—

      1. i

        the person referred to as “P” in section 111; and

      2. ii

        the person referred to as “R” in section 111;

  • “inquiry” (“ymholiad”) means an inquiry under section 7;

  • “investigation” (“ymchwiliad”) means any of the following—

    1. a

      a standards investigation under Chapter 8 of Part 4;

    2. b

      an investigation under Part 5 (compliance with relevant requirements);

    3. c

      an investigation under Part 6 (interference with the freedom to communicate in Welsh);

  • “protected person” (“person a ddiogelir”), in relation to an inquiry or investigation, means any of the following persons—

    1. a

      a member of the Advisory Panel;

    2. b

      a representative;

    3. c

      a person who is the subject of the inquiry or investigation;

    4. d

      a person with whom the Commissioner is communicating for the purpose of obtaining information in connection with an inquiry or investigation;

    5. e

      the complainant;

    6. f

      a person acting on behalf of a person falling within paragraph (c) to (e);

  • “representative” (“cynrychiolydd”) means any of the following persons—

    1. a

      a member of a community council, county borough council or county council in Wales;

    2. b

      a Member of the National Assembly for Wales;

    3. c

      a Member of Parliament;

    4. d

      a member of the House of Lords;

    5. e

      a Member of the European Parliament.