19 Rebuttal of qualified privilege

(1)

In any proceedings for defamation, a defence of qualified privilege shall fail if the plaintiff proves that, in publishing the matter that is the subject of the proceedings, the defendant was predominantly motivated by ill will towards the plaintiff, or otherwise took improper advantage of the occasion of publication.

(2)

Subject to subsection (1), a defence of qualified privilege shall not fail because the defendant was motivated by malice.

Compare: 1954 No 46 s 17(2)