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.