Defamation Bill [HL]

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Defamation Bill [HL]

Defamation Bill [HL]
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Evidence concerning proceedings in Parliament
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Evidence concerning proceedings in Parliament
(1)
In this section “the relevant protection”, in relation to the proceedings of either
House of Parliament, means the protection of any enactment or rule of law
which prevents proceedings in Parliament being impeached or questioned in
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any court or place out of Parliament.
(2)
The Speaker of either House of Parliament may, in accordance with Standing
Orders of that House, by notice in writing waive the application of the relevant
protection to such proceedings in an action for defamation as are specified in
that notice.
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(3)
Where the relevant protection is waived in relation to any proceedings in an
action for defamation—
(a)
that protection is not to apply to prevent evidence being given,
questions being asked or statements, submissions, comments or
findings being made in those proceedings; and
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(b)
none of those things is to be regarded as infringing the privilege of
either House of Parliament.
(4)
Nothing in this section affects any enactment or rule of law so far as it protects
a person from legal liability for words spoken or things done in the course of,
or for the purposes of or incidental to, any proceedings in Parliament.
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(5)
Without prejudice to the generality of subsection (4), that subsection applies
to—
(a)
the giving of evidence before either House or a committee;
(b)
the presentation or submission of a document to either House or a
committee;
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(c)
the preparation of a document for the purposes of or incidental to the
transacting of any such business;
(d)
the formulation, making or publication of a document, including a
report, by or pursuant to an order of either House or a committee; and
(e)
any communication with the Parliamentary Commissioner for
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Standards or any person having functions in connection with the
registration of members’ interests.
In this subsection “a committee” means a committee of either House or a joint
committee of both Houses of Parliament.
Miscellaneous and supplementary
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Interpretation
(1)
In this Act—
“the 1996 Act” means the Defamation Act 1996;
“archive” includes any collection of sound recordings, images or other
information however stored (including by electronic means);
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“author” has the meaning given in section 9;
“publication” and “publish”, in relation to a statement, have the meaning
they have for the purposes of the law of defamation generally but
“primary publisher” is specially defined for the purposes of section 9;

Defamation Bill [HL]
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“statement” means words, pictures, visual images, gestures or any other
method of signifying meaning;
“statutory provision” means—
(a)
a provision contained in an Act or in subordinate legislation
within the meaning of the Interpretation Act 1978;
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(b)
a provision contained in an Act of the Scottish Parliament or in
an instrument made under such an Act; or
(c)
a statutory provision within the meaning of the Interpretation
Act (Northern Ireland) 1954.
(2)
In this Act any reference to—
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(a)
a defendant in an action for defamation includes any person against
whom a counterclaim for defamation is brought; and
(b)
an action for defamation is to be construed accordingly.
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Minor and consequential provision
Schedule 2 contains minor and consequential amendments.
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19
Repeals
Schedule 3 contains repeals.
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Extent
(1)
This Act extends to England, Wales and Northern Ireland.
(2)
An amendment or repeal contained in this Act has the same extent as the
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enactment to which it relates.
(3)
Subsection (2) does not apply to any amendment or repeal of an enactment
which extends to Scotland.
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Commencement
(1)
The following provisions of this Act come into force on the day this Act is
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passed—
(a)
section 20;
(b)
this section; and
(c)
section 22.
(2)
The other provisions of this Act come into force on such day as may be
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appointed by order of the Secretary of State; and different days may be
appointed for different purposes.
(3)
Any such order is to be made by statutory instrument.
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Short title
This Act may be cited as the Defamation Act 2010.
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Defamation Bill [HL]
Schedule 1 — Qualified Privilege
Part 2 —

Schedules
Schedule 1
Section 8

Qualified Privilege
Part 1
Statements having qualified privilege without explanation or contradiction
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1
A fair and accurate report of proceedings in public of a legislature anywhere
in the world.
2
A fair and accurate report of—
(a)
proceedings in public before a court anywhere in the world;
(b)
any statements or submissions which, for the purposes of any such
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proceedings, are made by, or on behalf of, any of the parties.
3
A fair and accurate report of proceedings in public of a person appointed to
hold a public inquiry by a government or legislature anywhere in the world.
4
A fair and accurate report of proceedings in public anywhere in the world of
an international organisation or an international conference.
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5
A fair and accurate copy of or extract from any register or other document
required by law to be open to public inspection.
6
A notice or advertisement published by or on the authority of a court, or of
a judge or officer of a court, anywhere in the world.
7
A fair and accurate copy of, extract from or summary of matter published by
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or on the authority of a government or legislature anywhere in the world.
8
A fair and accurate copy of, extract from or summary of matter published
anywhere in the world by an international organisation or an international
conference.
Part 2
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Statements privileged subject to explanation or contradiction
9     (1)
A fair and accurate copy of, extract from or summary of, a notice or other
matter issued for the information of the public by or on behalf of—
(a)
a legislature in the United Kingdom or another member State;
(b)
a legislature in any other country or territory;
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(c)
the government of the United Kingdom or another member State;
(d)
the government of any other country or territory;
(e)
the European Parliament;

Defamation Bill [HL]
Schedule 1 — Qualified Privilege
Part 2 —
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(f)
the European Commission;
(g)
an authority anywhere in the world which performs governmental
functions;
(h)
an international organisation or international conference.
      (2)
In this paragraph “governmental functions” includes—
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(a)
police functions; and
(b)
functions performed by a public authority within the meaning of
section 6 of the Human Rights Act 1998.
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A fair and accurate copy of, extract from or summary of a document made
available by—
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(a)
a court in the United Kingdom or another member State;
(b)
a court in any other country or territory;
(c)
any court attached to a court falling within sub-paragraph (a) or (b);
(d)
a judge or officer of any court falling within any of sub-paragraphs
(a) to (c).
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A fair and accurate copy of, extract from or summary of material in an
archive where—
(a)
the material has been publicly available online for a period of at least
12 months starting with the date of first publication by or on behalf
of the archive; and
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(b)
in the course of that period, no challenge has been made, whether in
the courts or otherwise, which indicates that the material is
considered to be defamatory.
12    (1)
A fair and accurate report of proceedings at any public meeting or sitting in
the United Kingdom of—
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(a)
a local authority or local authority committee;
(b)
in the case of a local authority which are operating executive
arrangements, the executive of that authority or a committee of that
executive;
(c)
a justice or justices of the peace acting otherwise than as a court
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exercising judicial authority;
(d)
a commission, tribunal, committee or person appointed for the
purposes of any inquiry by any statutory provision, by Her Majesty
or by a Minister of the Crown, a member of the Scottish Executive,
the Welsh Ministers or the Counsel General to the Welsh Assembly
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Government, or a Northern Ireland Department;
(e)
a person appointed by a local authority to hold a local inquiry in
pursuance of any statutory provision;
(f)
any other tribunal, board, committee or body constituted by or
under, and exercising functions under, any statutory provision.
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      (2)
In the case of a local authority which are operating executive arrangements,
a fair and accurate record of any decision made by any member of the
executive where that record is required to be made and available for public
inspection by virtue of section 22 of the Local Government Act 2000 or of any
provision in regulations made under that section.
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      (3)
In sub-paragraphs (1)(a) and (b) and (2)—
“local authority” means—

Defamation Bill [HL]
Schedule 1 — Qualified Privilege
Part 2 —
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(a)
in relation to England and Wales, a principal council within
the meaning of the Local Government Act 1972, any body
falling within any paragraph of section 100J(1) of that Act or
an authority or body to which the Public Bodies (Admission
to Meetings) Act 1960 applies;
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(b)
in relation to Scotland, a council constituted under section 2
of the Local Government etc. (Scotland) Act 1994 or an
authority or body to which the Public Bodies (Admission to
Meetings) Act 1960 applies;
(c)
in relation to Northern Ireland, any authority or body to
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which sections 23 to 27 of the Local Government Act
(Northern Ireland) 1972 apply; and
“local authority committee” means any committee of a local authority
or of local authorities, and includes—
(a)
any committee or sub-committee in relation to which sections
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100A to 100D of the Local Government Act 1972 apply by
virtue of section 100E of that Act (whether or not also by
virtue of section 100J of that Act); and
(b)
any committee or sub-committee in relation to which sections
50A to 50D of the Local Government (Scotland) Act 1973
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apply by virtue of section 50E of that Act.
      (4)
In sub-paragraphs (1) and (2) “executive” and “executive arrangements”
have the same meaning as in Part 2 of the Local Government Act 2000.
      (5)
A fair and accurate report of any corresponding proceedings in—
(a)
any of the Channel Islands or the Isle of Man;
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(b)
another member State; or
(c)
any other country or territory.
13    (1)
A fair and accurate report of proceedings at any public meeting held in the
United Kingdom, in another member State or in any other country or
territory.
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      (2)
In this paragraph a “public meeting” means a meeting bona fide and
lawfully held for a lawful purpose and for the furtherance or discussion of a
matter of public concern, whether admission to the meeting is general or
restricted.
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A fair and accurate report of proceedings at a press conference given—
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(a)
by or on behalf of any body, officer or other person falling within this
Schedule or designated under it; and
(b)
in respect of published material to which qualified privilege applies
by virtue of section 8.
15    (1)
A fair and accurate report of proceedings at a general meeting of a UK public
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company or an overseas company.
      (2)
A fair and accurate copy of, extract from or summary of any document
circulated to members of a UK public company or of an overseas company—
(a)
by or with the authority of the board of directors of the company;
(b)
by the auditors of the company; or
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(c)
by any member of the company in pursuance of a right conferred by
any statutory provision.

Defamation Bill [HL]
Schedule 1 — Qualified Privilege
Part 2 —
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      (3)
A fair and accurate copy of, extract from or summary of any document
circulated to members of a UK public company or of an overseas company,
which relates to the appointment, resignation, retirement or dismissal of
directors of the company.
      (4)
In this paragraph—
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“overseas company” means—
(a)
a company incorporated outside the United Kingdom; and
(b)
any other body corporate formed under the law of another
member State or any other country or territory; and
“UK public company” means—
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(a)
a public company within the meaning of section 4(2) of the
Companies Act 2006 or Article 12(3) of the Companies
(Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)); or
(b)
a body corporate incorporated by or registered under any
other statutory provision, or by Royal Charter, or formed in
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pursuance of letters patent.
      (5)
A fair and accurate report of proceedings at any corresponding meeting of,
or copy of or extract from any corresponding document circulated to
members of, a public company formed under the law of—
(a)
any of the Channel Islands or the Isle of Man;
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(b)
another member State; or
(c)
any other country or territory.
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A fair and accurate report of any finding or decision of any of the following
descriptions of association, formed in the United Kingdom, another member
State or any other country or territory, or of any committee or governing
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body of such an association—
(a)
an association formed 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
on matters of interest or concern to the association, or the actions or
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conduct of any person subject to such control or adjudication;
(b)
an association formed 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
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over or adjudicate upon matters connected with that trade, business,
industry or profession, or the actions or conduct of those persons;
(c)
an association formed for the purpose of promoting or safeguarding
the interests of a game, sport or pastime to the playing or exercise of
which members of the public are invited or admitted, and
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empowered by its constitution to exercise control over or adjudicate
upon persons connected with or taking part in the game, sport or
pastime;
(d)
an association formed for the purpose of promoting charitable
objects or other objects beneficial to the community and empowered
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by its constitution to exercise control over or to adjudicate on matters
of interest or concern to the association, or the actions or conduct of
any person subject to such control or adjudication.

Defamation Bill [HL]
Schedule 1 — Qualified Privilege
Part 3 —
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17    (1)
A fair and accurate report of, copy of, extract from or summary of, any
adjudication, report, statement or notice issued by a body, officer or other
person designated for the purposes of this paragraph—
(a)
for England and Wales or Northern Ireland, by order of the Lord
Chancellor; and
5
(b)
for Scotland, by order of the Secretary of State.
      (2)
An order under this paragraph is to be made by statutory instrument which
is subject to annulment in pursuance of a resolution of either House of
Parliament.
Part 3
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Supplementary provisions
18    (1)
In this Schedule—
“court” includes—
(a)
the European Court of Justice (or any court attached to that
court) and the Court of Auditors of the European
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Communities;
(b)
the European Court of Human Rights;
(c)
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;
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(d)
the International Court of Justice and any other judicial or
arbitral tribunal deciding matters in dispute between States;
and
(e)
any tribunal or body exercising the judicial power of the
State;
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“international conference” means a conference attended by
representatives of two or more governments;
“international organisation” means an organisation of which two or
more governments are members, and includes any committee or
other subordinate body of such an organisation; and
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“legislature” includes a local legislature.
      (2)
References in this Schedule to the United Kingdom or another member State
include any European dependent territory of the United Kingdom or other
member State.
      (3)
In paragraphs 1, 3 and 7 “legislature” includes the European Parliament.
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19    (1)
Provision may be made by order identifying—
(a)
for the purposes of paragraph 12, the corresponding proceedings
referred to in sub-paragraph (5);
(b)
for the purposes of paragraph 15, the corresponding meetings and
documents referred to in sub-paragraph (5).
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      (2)
An order under this paragraph may be made—
(a)
for England and Wales or Northern Ireland, by the Lord Chancellor;
and
(b)
for Scotland, by the Secretary of State.