DEFAMATION ACT 1974 - SECT 22 Information

This legislation has been repealed.

DEFAMATION ACT 1974 - SECT 22

22 Information

(1) Where, in respect of matter published to any person:

(a) the recipient has an interest or apparent interest in having information on some subject,

(b) the matter is published to the recipient in the course of giving to the recipient information on that subject, and

(c) the conduct of the publisher in publishing that matter is reasonable in the circumstances,

there is a defence of qualified privilege for that publication.

(2) For the purposes of subsection (1), a person has an apparent interest in having information on some subject if, but only if, at the time of the publication in question, the publisher believes on reasonable grounds that that person has that interest.

(2A) In determining for the purposes of subsection (1) whether the conduct of the publisher in publishing matter concerning a person is reasonable in the circumstances, a court may take into account the following matters and such other matters as the court considers relevant:

(a) the extent to which the matter published is of public concern,

(b) the extent to which the matter published concerns the performance of the public functions or activities of the person,

(c) the seriousness of any defamatory imputation carried by the matter published,

(d) the extent to which the matter published distinguishes between suspicions, allegations and proven facts,

(e) whether it was necessary in the circumstances for the matter published to be published expeditiously,

(f) the sources of the information in the matter published and the integrity of those sources,

(g) whether the matter published contained the substance of the person's side of the story and, if not, whether a reasonable attempt was made by the publisher to obtain and publish a response from the person,

(h) any other steps taken to verify the information in the matter published.

(3) Where matter is published for reward in circumstances in which there would be a qualified privilege under subsection (1) for the publication if it were not for reward, there is a defence of qualified privilege for that publication notwithstanding that it is for reward.