Defamation Act 1996

Statutory privilegeU.K.

14 Reports of court proceedings absolutely privileged.U.K.

[F1(1)A fair and accurate report of proceedings in public before a court to which this section applies, if published contemporaneously with the proceedings, is absolutely privileged.

(2)A report of proceedings which by an order of the court, or as a consequence of any statutory provision, is required to be postponed shall be treated as published contemporaneously if it is published as soon as practicable after publication is permitted.

[F2(3)This section applies to—

(a)any court in the United Kingdom,

(b)the European Court of Justice or any court attached to that court,

(c)the European Court of Human Rights, and

(d)any international criminal tribunal established by the Security Council of the United Nations or by an international agreement to which the United Kingdom is a party.

In paragraph (a) “court” includes any tribunal or body exercising the judicial power of the State.]

[F2(3)This section applies to—

(a)any court in the United Kingdom;

(b)any court established under the law of a country or territory outside the United Kingdom;

(c)any international court or tribunal established by the Security Council of the United Nations or by an international agreement;

and in paragraphs (a) and (b) “court” includes any tribunal or body exercising the judicial power of the State.]

(4)In section 8(6) of the M1Rehabilitation of Offenders Act 1974 and in Article 9(6) of the M2Rehabilitation of Offenders (Northern Ireland) Order 1978 (defamation actions: reports of court proceedings), for “section 3 of the Law of Libel Amendment Act 1888” substitute “ section 14 of the Defamation Act 1996 ”.]

Textual Amendments

F2S. 14(3) substituted (E.W.) (1.1.2014) by Defamation Act 2013 (c. 26), ss. 7(1), 17(4) (with s. 16(5)); S.I. 2013/3027, art. 2; and substituted (N.I) (7.6.2022) by Defamation Act (Northern Ireland) 2022 (c. 30), ss. 5(1), 14

Marginal Citations

15 Reports, &c. protected by qualified privilege.U.K.

[F1(1)The publication of any report or other statement mentioned in Schedule 1 to this Act is privileged unless the publication is shown to be made with malice, subject as follows.

(2)In defamation proceedings in respect of the publication of a report or other statement mentioned in Part II of that Schedule, there is no defence under this section if the plaintiff shows that the defendant—

(a)was requested by him to publish in a suitable manner a reasonable letter or statement by way of explanation or contradiction, and

(b)refused or neglected to do so.

For this purpose “in a suitable manner” means in the same manner as the publication complained of or in a manner that is adequate and reasonable in the circumstances.

(3)This section does not apply to the publication to the public, or a section of the public, of matter which is not of [F3public concern] [F3public interest] and the publication of which is not for the public benefit.

(4)Nothing in this section shall be construed—

(a)as protecting the publication of matter the publication of which is prohibited by law, or

(b)as limiting or abridging any privilege subsisting apart from this section.]

Textual Amendments

F3Words in s. 15(3) substituted (E.W.) (1.1.2014) by Defamation Act 2013 (c. 26), ss. 7(2), 17(4) (with s. 16(5)); S.I. 2013/3027, art. 2; and substituted (N.I) (7.6.2022) by Defamation Act (Northern Ireland) 2022 (c. 30), ss. 5(2), 14