Statutory privilege

Reports, &c. protected by qualified privilege.
15
1
The publication of any report or other statement mentioned in Schedule 1 to this Act is privileged unless the publication is shown to be made with malice, subject as follows.
2
In defamation proceedings in respect of the publication of a report or other statement mentioned in Part II of that Schedule, there is no defence under this section if the plaintiff shows that the defendant—
a
was requested by him to publish in a suitable manner a reasonable letter or statement by way of explanation or contradiction, and
b
refused or neglected to do so.
For this purpose “
in a suitable manner
” means in the same manner as the publication complained of or in a manner that is adequate and reasonable in the circumstances.
3
This section does not apply to the publication to the public, or a section of the public, of matter which is not of
public concern
public interest
and the publication of which is not for the public benefit.
4
Nothing in this section shall be construed—
a
as protecting the publication of matter the publication of which is prohibited by law, or
b
as limiting or abridging any privilege subsisting apart from this section.
Words in s. 15(3) substituted (E.W.) (1.1.2014) by Defamation Act 2013 (c. 26), ss. 7(2), 17(4) (with s. 16(5)); S.I. 2013/3027, art. 2; and substituted (N.I) (7.6.2022) by Defamation Act (Northern Ireland) 2022 (c. 30), ss. 5(2), 14
S. 15 repealed (S.) (8.8.2022) by Defamation and Malicious Publication (Scotland) Act 2021 (asp 10), ss. 35(3)(a), 39(2); S.S.I. 2022/154, regs. 1(2), 2