Defamation Act 1952

SCHEDULE E+W+S NEWSPAPER STATEMENTS HAVING QUALIFIED PRIVILEGE

Modifications etc. (not altering text)

C1 Sch. applied (with modifications)(28.6.1995) by 1995 c. iii, s. 26, Sch. 1 (with s. 25)

Part I E+W+S Statements Privileged Without Explanation or Contradiction

1 A fair and accurate report of any proceedings in public of the legislature of any part of Her Majesty’s dominions outside Great Britain.

2 A fair and accurate report of any proceedings in public of an international organisation of which the United Kingdom or Her Majesty’s Government in the United Kingdom is a member, or of any international conference to which that government sends a representative.

3 A fair and accurate report of any proceedings in public of an international court.

4 A fair and accurate report of any proceedings before a court exercising jurisdiction throughout any part of Her Majesty’s dominions outside the United Kingdom, or of any proceedings before a court-martial held outside the United Kingdom under the Naval Discipline Act [F1 the M1 Army Act 1955 or the M2 Air Force Act 1955].

Textual Amendments

F1 Words substituted by Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 (c. 20), Sch. 2 para. 16

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

5 A fair and accurate report of any proceedings in public of a body or person appointed to hold a public inquiry by the government or legislature of any part of Her Majesty’s dominions outside the United Kingdom.

6 A fair and accurate copy of or extract from any register kept in pursuance of any Act of Parliament which is open to inspection by the public, or of any other document which is required by the law of any part of the United Kingdom to be open to inspection by the public.

7 A notice or advertisement published by or on the authority of any court within the United Kingdom or any judge or officer of such a court.

Part II E+W+S Statements Privileged Subject to Explanation or Contradiction

8 A fair and accurate report of the findings or decision of any of the following associations, or of any committee or governing body thereof, that is to say—

(a) an association formed in the United Kingdom for the purpose of promoting or encouraging the exercise of or interest in any art, science, religion or learning, and empowered by its constitution to exercise control over or adjudicate upon matters of interest or concern to the association, or the actions or conduct of any persons subject to such control or adjudication;

(b) an association formed in the United Kingdom for the purpose of promoting or safeguarding the interests of any trade, business, industry or profession, or of the persons carrying on or engaged in any trade, business, industry or profession, and empowered by its constitution to exercise control over or adjudicate upon matters connected with the trade, business, industry or profession, or the actions or conduct of those persons;

(c) an association formed in the United Kingdom for the purpose of promoting or safeguarding the interests of any game, sport or pastime to the playing or exercise of which members of the public are invited or admitted, and empowered by its constitution to exercise control over or adjudicate upon persons connected with or taking part in the game, sport or pastime,

being a finding or decision relating to a person who is a member of or is subject by virtue of any contract to the control of the association.

9 A fair and accurate report of the proceedings at any public meeting held in the United Kingdom, that is to say, a meeting bona fide and lawfully held for a lawful purpose and for the furtherance or discussion of any matter of public concern, whether the admission to the meeting is general or restricted.

10 A fair and accurate report of the proceedings at any meeting or sitting in any part of the United Kingdom of—

(a) any local authority or committee of a local authority or local authorities;

(b) any justice or justices of the peace acting otherwise than as a court exercising judicial authority;

(c) any commission, tribunal, committee or person appointed for the purposes of any inquiry by Act of Parliament, by Her Majesty or by a Minister of the Crown;

(d) any person appointed by a local authority to hold a local inquiry in pursuance of any Act of Parliament;

(e) any other tribunal, board, committee or body constituted by or under, and exercising functions under, an Act of Parliament,

not being a meeting or sitting admission to which is denied to representatives of newspapers and other members of the public.

11 A fair and accurate report of the proceedings at a general meeting of any company or association constituted, registered or certified by or under any Act of Parliament or incorporated by Royal Charter, not being a private company within the meaning of the M3 Companies Act 1948.

Marginal Citations

M3 1948 c. 38.

12 A copy or fair and accurate report or summary of any notice or other matter issued for the information of the public by or on behalf of any government department, officer of state, local authority or chief officer of police.

Part III E+W+S Interpretation

13 In this Schedule the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• “Act of Parliament” includes an Act of the Parliament of Northern Ireland, and the reference to the M4 Companies Act 1948, includes a reference to any corresponding enactment of the Parliament of Northern Ireland;

• “government department” includes a department of the Government of Northern Ireland;

• “international court” means the International Court of Justice and any other judicial or arbitral tribunal deciding matters in dispute between States;

• “legislature”, in relation to any territory comprised in Her Majesty’s dominions which is subject to a central and a local legislature, means either of those legislatures;

• “local authority” means any authority or body to which the [F2 M5 Public Bodies (Admission to Meetings) Act 1960] or the M6 Local Government (Ireland) Act 1902, as amended by any enactment of the Parliament of Northern Ireland, applies;

• “part of Her Majesty’s dominions” means the whole of any territory within those dominions which is subject to a separate legislature.

Textual Amendments

F2 Words substituted by virtue of Public Bodies (Admission to Meetings) Act 1960 (c. 67), s. 2(2)

Modifications etc. (not altering text)

C2 Reference to Act of the Parliament of Northern Ireland to be construed as including reference to Measure of Northern Ireland Assembley: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 1(1)

Marginal Citations

M4 1948 c. 38.

M5 1960 c. 67.

M6 1902 c. 38.

14 In relation to the following countries and territories, that is to say, India, the Republic of Ireland, any protectorate, protected state or trust territory within the meaning of the M7 British Nationality Act 1948, any territory administered under the authority of a country mentioned in subsection (3) of section one of that Act, the Sudan and the New Hebrides, the provisions of this Schedule shall have effect as they have effect in relation to Her Majesty’s dominions, and references therein to Her Majesty’s dominions shall be construed accordingly.

Marginal Citations

M7 1948 c. 56.