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(2) Where a person waives that protection—
(a) any such enactment or rule of law shall not apply to prevent evidence being given, questions being asked or statements, submissions, comments or findings being made about his conduct, and
(b) none of those things shall be regarded as infringing the privilege of either House of Parliament.
(3) The waiver by one person of that protection does not affect its operation in relation to another person who has not waived it.
(4) Nothing in this section affects any enactment or rule of law so far as it protects a person (including a person who has waived the protection referred to above) from legal liability for words spoken or things done in the course of, or for the purposes of or incidental to, any proceedings in Parliament.
(5) Without prejudice to the generality of subsection (4), that subsection applies to—
(a) the giving of evidence before either House or a committee;
(b) the presentation or submission of a document to either House or a committee;
(c) the preparation of a document for the purposes of or incidental to the transacting of any such business;
(d) the formulation, making or publication of a document, including a report, by or pursuant to an order of either House or a committee; and
(e) any communication with the Parliamentary Commissioner for Standards or any person having functions in connection with the registration of members' interests.
In this subsection “a committee” means a committee of either House or a joint committee of both Houses of Parliament.
(1) A fair and accurate report of proceedings in public before a court to which this section applies, if published contemporaneously with the proceedings, is absolutely privileged.
(2) A report of proceedings which by an order of the court, or as a consequence of any statutory provision, is required to be postponed shall be treated as published contemporaneously if it is published as soon as practicable after publication is permitted.
(3) This section applies to—
(a) any court in the United Kingdom,
(b) the European Court of Justice or any court attached to that court,
(c) the European Court of Human Rights, and
(d) any international criminal tribunal established by the Security Council of the United Nations or by an international agreement to which the United Kingdom is a party.
In paragraph (a) “court” includes any tribunal or body exercising the judicial power of the State.
(4) In section 8(6) of the [1974 c. 53.] Rehabilitation of Offenders Act 1974 and in Article 9(6) of the [S.I. 1978/1908 (N.I. 27).] Rehabilitation of Offenders (Northern Ireland) Order 1978 (defamation actions: reports of court proceedings), for “section 3 of the Law of Libel Amendment Act 1888” substitute “section 14 of the Defamation Act 1996”.
(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 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.
The enactments specified in Schedule 2 are repealed to the extent specified.
(1) In this Act—
“publication” and “publish”, in relation to a statement, have the meaning they have for the purposes of the law of defamation generally, but “publisher” is specially defined for the purposes of section 1;
“statement” means words, pictures, visual images, gestures or any other method of signifying meaning; and
“statutory provision” means—
a provision contained in an Act or in subordinate legislation within the meaning of the [1978 c. 30.] Interpretation Act 1978, or
a statutory provision within the meaning given by section 1(f) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954.
(2) In this Act as it applies to proceedings in Scotland—
“costs” means expenses; and
“plaintiff” and “defendant” mean pursuer and defender.
(1) The following provisions of this Act extend to England and Wales—
section 1 (responsibility for publication),
sections 2 to 4 (offer to make amends), except section 3(9),
section 5 (time limit for actions for defamation or malicious falsehood),
section 7 (ruling on the meaning of a statement),
sections 8 to 10 (summary disposal of claim),
section 12(1) (evidence of convictions),
section 13 (evidence concerning proceedings in Parliament),
sections 14 and 15 and Schedule 1 (statutory privilege),
section 16 and Schedule 2 (repeals) so far as relating to enactments extending to England and Wales,
section 17(1) (interpretation),
this subsection,
section 19 (commencement) so far as relating to provisions which extend to England and Wales, and
section 20 (short title and saving).
(2) The following provisions of this Act extend to Scotland—
section 1 (responsibility for publication),
sections 2 to 4 (offer to make amends), except section 3(8),
section 12(2) (evidence of convictions),
section 13 (evidence concerning proceedings in Parliament),
sections 14 and 15 and Schedule 1 (statutory privilege),
section 16 and Schedule 2 (repeals) so far as relating to enactments extending to Scotland,
section 17 (interpretation),
this subsection,
section 19 (commencement) so far as relating to provisions which extend to Scotland, and
section 20 (short title and saving).
(3) The following provisions of this Act extend to Northern Ireland—
section 1 (responsibility for publication),
sections 2 to 4 (offer to make amends), except section 3(9),
section 6 (time limit for actions for defamation or malicious falsehood),
section 7 (ruling on the meaning of a statement),
sections 8 to 11 (summary disposal of claim),
section 12(3) (evidence of convictions),
section 13 (evidence concerning proceedings in Parliament),
sections 14 and 15 and Schedule 1 (statutory privilege),
section 16 and Schedule 2 (repeals) so far as relating to enactments extending to Northern Ireland,
section 17(1) (interpretation),
this subsection,
section 19 (commencement) so far as relating to provisions which extend to Northern Ireland, and
section 20 (short title and saving).
(1) Sections 18 to 20 (extent, commencement and other general provisions) come into force on Royal Assent.
(2) The following provisions of this Act come into force at the end of the period of two months beginning with the day on which this Act is passed—
section 1 (responsibility for publication),
sections 5 and 6 (time limit for actions for defamation or malicious falsehood),
section 12 (evidence of convictions),
section 13 (evidence concerning proceedings in Parliament),
section 16 and the repeals in Schedule 2, so far as consequential on the above provisions, and
section 17 (interpretation), so far as relating to the above provisions.
(3) The provisions of this Act otherwise come into force on such day as may be appointed—
(a) for England and Wales or Northern Ireland, by order of the Lord Chancellor, or
(b) for Scotland, by order of the Secretary of State,
and different days may be appointed for different purposes.
(4) Any such order shall be made by statutory instrument and may contain such transitional provisions as appear to the Lord Chancellor or Secretary of State to be appropriate.
(1) This Act may be cited as the Defamation Act 1996.
(2) Nothing in this Act affects the law relating to criminal libel.
Defamation Act 1996