Defamation Act 1992 No 105 (as at 01 January 2011), Public Act

Act by section

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)