(1)Section 8 of the Rehabilitation of Offenders Act 1974 (defamation actions) is amended in accordance with subsections (2) and (3).
(2)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 ”.
(3)In subsection (5) for “the defence of justification” substitute “ a defence under section 2 of the Defamation Act 2013 ”.
(4)Nothing in section 1 or 14 affects any cause of action accrued before the commencement of the section in question.
(5)[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.]
(6)In determining whether section 8 applies, no account is to be taken of any publication made before the commencement of the section.
(7)Nothing in section 9 or 11 has effect in relation to an action for defamation begun before the commencement of the section in question.
(8)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.
Textual Amendments
F1S. 16(5) repealed (S.) (8.8.2022) by Defamation and Malicious Publication (Scotland) Act 2021 (asp 10), ss. 35(4)(a), 39(2); S.S.I. 2022/154, regs. 1(2), 2
Commencement Information
I1S. 16 partly in force; s. 16(4)-(8) in force at Royal Assent, see s. 17(6)
I2S. 16(1)-(3) in force at 1.1.2014 by S.I. 2013/3027, art. 2