PART 8

GENERAL
CHAPTER 2

DEFAMATION

Absolute privilege
140
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.

Interpretation of this Chapter
141
In this Chapter—
- “complainant” (“achwynydd”)\ means—
  1. in relation to an investigation under Part 5, the person (if any) referred to as “P” in section 93;
  2. in relation to an investigation under Part 6—
    1. the person referred to as “P” in section 111; and
    2. 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 standards investigation under Chapter 8 of Part 4;
  2. an investigation under Part 5 (compliance with relevant requirements);
  3. 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 member of the Advisory Panel;
  2. a representative;
  3. a person who is the subject of the inquiry or investigation;
  4. a person with whom the Commissioner is communicating for the purpose of obtaining information in connection with an inquiry or investigation;
  5. the complainant;
  6. a person acting on behalf of a person falling within paragraph (c) to (e);
- “representative” (“cynrychiolydd”) means any of the following persons—
  1. a member of a community council, county borough council or county council in Wales;
  2. a Member of the National Assembly for Wales;
  3. a Member of Parliament;
  4. a member of the House of Lords;
  5. a Member of the European Parliament.
S. 140(1)(a)(b)(2) in force at 1.4.2012 by S.I. 2012/969, art. 2(n)
S. 140(1)(d)(e) in force at 1.4.2012 for specified purposes by S.I. 2012/969, art. 2(n)
S. 141 in force at 1.4.2012 for specified purposes by S.I. 2012/969, art. 2(o)
S. 140(1)(d)(e) in force at 7.7.2015 in so far as not already in force by S.I. 2015/1413, art. 3(d)
S. 140(1)(c) in force at 7.7.2015 by S.I. 2015/1413, art. 3(e)
S. 141 in force at 7.7.2015 in so far as not already in force by S.I. 2015/1413, art. 3(e)