DEFAMATION ACT 1974 - SECT 20 Multiple publication

This legislation has been repealed.

DEFAMATION ACT 1974 - SECT 20

20 Multiple publication

(1) For the purposes of this section:

(a) "multiple publication" means publication of the same or like matter or of copies of any matter to two or more recipients:

(i) at the same time,

(ii) by means of the publication in the ordinary course of affairs of numerous copies of a newspaper or other writing, or

(iii) otherwise in the course of the one transaction,

(b) matter is published under qualified privilege if, but only if, the matter:

(i) is published on an occasion of qualified privilege, and

(ii) is relevant to the occasion, and

(c) an occasion is one of qualified privilege if, but only if:

(i) it is an occasion of qualified privilege under the law apart from this Act, or

(ii) the circumstances of the publication afford a defence of qualified privilege under section 21 or section 22.

(2) Where:

(a) a person makes a multiple publication, and

(b) the matter published would if published to one or more, but not all, of the recipients be published under qualified privilege as regards that recipient or those recipients,

there is a defence of qualified privilege for the publication to that recipient or those recipients, notwithstanding that the publication is not made under qualified privilege as regards any other recipient.

(3) Where:

(a) a person makes a multiple publication,

(b) the matter published would if published to one or more, but not all, of the recipients be published under qualified privilege as regards that recipient or those recipients, and

(c) the extent of publication is reasonable having regard to the matter published and to the occasion of qualified privilege,

there is a defence of qualified privilege as regards all of the recipients.