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Defamation and Malicious Publication (Scotland) Act 2021

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This is the original version (as it was originally enacted).

Absolute privilege

9Contemporaneous reports of court proceedings

(1)The contemporaneous publication of a statement which is a fair and accurate report of proceedings in public before a court to which this section applies is absolutely privileged.

(2)Where the publication of a report of proceedings is required to be postponed—

(a)by an order of the court, or

(b)as a consequence of a statutory provision,

it is to be treated as being contemporaneously published if it is published as soon as practicable after that is permitted.

(3)This section applies to—

(a)any court in the United Kingdom,

(b)any court established under the law of a country or territory outside the United Kingdom, and

(c)any international court or tribunal established by the Security Council of the United Nations or by an international agreement.

(4)For the purposes of subsection (3) (a) and (b), “court” includes any tribunal or body exercising the judicial power of the State.

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