Defamation (Parliamentary Proceedings) (Amendment) Bill (HL Bill 51)
A
BILL
TO
Reform the law of liability in defamation proceedings for reports of
Parliamentary proceedings; and to repeal section 13 of the Defamation Act
1996.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1 Reports etc. of Parliamentary matters protected by privilege
After section 6 of the Defamation Act 2013 insert the following—
“6A Reports etc. of Parliamentary matters protected by privilege
(1) The following are privileged—
(a) 5a fair and accurate report of proceedings in Parliament;
(b)
a fair and accurate report of anything published by or on the
authority of Parliament; and
(c)
a fair and accurate copy of, extract from or summary of
anything published by or on the authority of Parliament.
(2)
10The court must stay any proceedings where the defendant shows
that—
(a)
the proceedings relate to the publication of anything that falls
within subsection (1)(a), (b) or (c); or
(b)
the proceedings seek to prevent or postpone the making of any
15such publication.
(3)
This section also has effect in relation to the Welsh Assembly and the
Northern Ireland Assembly (and any reference to Parliament is to be
read as a reference to the Assembly in question).
(4)
The defence under this section is defeated if the claimant shows that the
20defendant acted with malice in publishing the statement complained
of.”
Defamation (Parliamentary Proceedings) (Amendment) BillPage 2
2 Parliamentary Papers Act 1840
After section 3 of the Parliamentary Papers Act 1840 insert the following—
“3A Act not to affect the Defamation Act 2013
Nothing in this section shall be construed as affecting the application of
5section 6 of the Defamation Act 2013.”
3 Evidence concerning proceedings in Parliament
The enactments specified in the Schedule are repealed to the extent specified.
4 Short title, commencement and extent
(1)
This Act may be cited as the Defamation (Parliamentary Proceedings)
10(Amendment) Act 2013.
(2)
The provisions of this Act shall come into force on such day as the Secretary of
State may by order made by statutory instrument appoint.
(3) This Act extends to England and Wales.
Defamation (Parliamentary Proceedings) (Amendment) BillPage 3
Section 3
Schedule Repeals
| Short title and chapter | Extent of repeal |
|---|---|
| Defamation Act 1996 | Section 13. |
| 5Section 15(3). | |
| In section 18(1), the words “section 13 (evidence concerning proceedings in Parliament),”. |
|
| In section 18(2), the words “section 13 (evidence concerning proceedings in Parliament),”. |
|
| 10Section 18(3), the words “section 13 (evidence concerning proceedings in Parliament)”. |
|
| Defamation Act 2013 | Section 7(2). |