CORPORATIONS ACT 2001 - SECT 89 Qualified privilege
CORPORATIONS ACT 2001 - SECT 89
Qualified privilege(1) Where this Act provides that a person has qualified privilege in respect of an act, matter or thing, the person:
- (a)
- has qualified privilege in proceedings for defamation; or
- (b)
- is not, in the absence of malice on the person's part, liable to an action for defamation at the suit of a person;
- as the case requires, in respect of that act, matter or thing.
(2) In subsection (1):
-
"malice" includes ill will to the person concerned or any other improper
motive.
(3) Neither this section nor a provision of this Act that provides as mentioned in subsection (1) limits or affects any right, privilege or immunity that a person has, apart from this section or such a provision, as defendant in proceedings, or an action, for defamation.