18 Restrictions on qualified privilege in relation to Part 2 of Schedule 1

(1)

Nothing in section 16(2) protects the publication of a report or other matter specified in Part 2 of Schedule 1 unless, at the time of that publication, the report or matter is a matter of public interest in any place in which that publication occurs.

(2)

In any proceedings for defamation in respect of the publication in any newspaper, or as part of a programme or service provided by a broadcaster, of a report or other matter specified in Part 2 of Schedule 1, a defence of qualified privilege under section 16(2) shall fail if the plaintiff alleges and proves—

(a)

that the plaintiff requested the defendant to publish, in the manner in which the original publication was made, a reasonable letter or statement by way of explanation or contradiction; and

(b)

that the defendant has refused or failed to comply with that request, or has complied with that request in a manner that, having regard to all the circumstances, is not adequate or not reasonable.

Compare: 1954 No 46 s 17(2), (3)(b)