SCHEDULE 11Approval, imposition and modification of networking arrangements
Confidentiality and defamation
14
(1)
When publishing a report prepared under paragraph 4 or 5, OFCOM must have regard to the need to exclude from the publication, so far as practicable, the matters which are confidential in accordance with sub-paragraphs (2) and (3).
(2)
A matter is confidential under this sub-paragraph if—
(a)
it relates specifically to the affairs of a particular body; and
(b)
publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.
(3)
A matter is confidential under this sub-paragraph if—
(a)
it relates to the private affairs of an individual; and
(b)
publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.
(4)
For the purposes of the law of defamation absolute privilege attaches to every report prepared under paragraph 4 or 5.