Section 8 of the Rehabilitation of Offenders Act 1974 (defamation actions) is amended in accordance with subsections (2) and (3).

In subsection (3) for “of justification or fair comment or” substitute “ under section 2 or 3 of the Defamation Act 2013 which is available to him or any defence ”.

In subsection (5) for “the defence of justification” substitute “ a defence under section 2 of the Defamation Act 2013 ”.

Nothing in section 1 or 14 affects any cause of action accrued before the commencement of the section in question.

F1Nothing in sections 2 to 7 or 10 has effect in relation to an action for defamation if the cause of action accrued before the commencement of the section in question.

In determining whether section 8 applies, no account is to be taken of any publication made before the commencement of the section.

Nothing in section 9 or 11 has effect in relation to an action for defamation begun before the commencement of the section in question.

In determining for the purposes of subsection (7)(a) of section 3 whether a person would have a defence under section 4 to any action for defamation, the operation of subsection (5) of this section is to be ignored.