No. 12
Cases in which
publication is
absolutely
privileged
Media Services
2016
38.-(1) The publication of defamatory matter is
absolutely privileged, and a person shall not be liable to
punishment in that respect where(a) the matter is published by the President, the
Government or the National Assembly in any
official document or legal proceedings;
(b) the matter is published in the National
Assembly, by the President, the Government
or by any member of the National Assembly
or the Speaker;
(c) the matter is published by order of the
President or the Government;
(d) the matter is published concerning a person
who is the subject to military or naval
discipline for the time being, and relates to his
conduct as a person who is the subject of such
discipline and is published by the person
having authority over him in respect of such
conduct;
(e) the matter is published in the course of any
judicial proceedings by a person taking part in
court proceedings as a judge or magistrate or
commissioners or advocate or assessor or
witness or party thereto;
(f) the matter published is in fact a fair report of
anything said, done or published in the
National Assembly; or
(g) the person publishing the matter is legally
bound to publish it.
(2) Where a publication is absolutely privileged, it
is immaterial for the purposes of this Part whether the
matter is true or false, and whether it is known or be not
known or believed to be false, and whether or not it is
published in good faith.
(3) Nothing in this section shall exempt any person
from any liability of a civil or criminal nature under any
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