1016 T H E PALESTINE GAZETTE Definition of unlawful publication. 28th September, 1936 205. A n y publication of defamatory matter concerning a person is unlawful, w i t h i n the meaning of this chapter, unless : — ( a ) the matter is true and it was for the public benefit that it should be published; or ( b ) it is privileged on one of the grounds hereafter mentioned i n this chapter. Cases in which publication of defamatory matter is absolutely privileged. 206. —(1) The publication of defamatory matter is absolutely privileged, and no person shall under any circumstances be liable to punishment under this Code i n respect thereof, i n any of the following cases :— ( a ) if the matter is published by the H i g h Commissioner, or by the Executive Council or the Legislative Council, or the Advisory Council, i n any official document or proceeding; or ( b ) if the matter is published i n the Executive Council or the Legislative Council or the Advisory Council by the H i g h Commissioner or by any member of any such Council; or ( c ) i f the matter is published by order of the missioner i n C o u n c i l ; or H i g h Com- ( d ) if the matter is published concerning a person subject to military, naval or police discipline for the time being, and relates to his conduct as a person subject to such discipline, and is published by some person having authority over h i m i n respect of such• conduct, and to some person having authority over h i m i n respect of such conduct; or ( e ) if the matter is published i n the course of any judicial proceedings by a person taking part therein as a Judge or Magistrate, or as an advocate, witness or party to such proceedings; or (/) if the matter published is in fact a fair -report of anything said, done or published i n the Executive Council or the Legislative Council or the Advisory Council; or ( g ) if the matter published is i n fact a fair report of anything said, done or shown i n any judicial proceedings before any court : Provided that if the court prohibits the publication of anything said or shown before i t , on the ground that it is seditious, immoral or blasphemous, the publication thereof shall not be privileged ; or ( h ) if the matter published is a copy or reproduction, or i n fact a fair abstract, of any matter w h i c h has been previously published, and the previous publication of w h i c h was or would have been privileged under the provisions of this section ; o r 0') if the person publishing the matter publish it. is legally bound to (2) Where a publication is absolutely privileged, it is immaterial for the purposes of this chapter whether the matter be true or false, and whether it be or be not published i n good faith : Provided that nothing i n this section shall exempt a person from any liability to punishment under any other chapter of this Code or under any other law.

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